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Two new defense wins – links provided. First, today the Eighth Circuit affirms (now reported at 514 F.3d 815) a no-causation verdict in HRT litigation on the basis that the plaintiff herself (not the learned intermediary, so it’s something of an odd situation) was warned but failed to read the warning. Thanks to Mike Scott, at Reed Smith.
Second, on everybody’s favorite topic, preemption. Yesterday, a California federal district court finds preemption, (now reported at 551 F. Supp.2d 993) in yet another SSRI suicide case on the ground that the since the FDA said no to a suicide warning, state law cannot overrule that and say yes. Thanks to Mal Wheeler at Wheeler, Trigg, and Mark Brown of King & Spalding.
Keep those defense wins coming!