December 2008

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Last month, a regular reader of this blog suggested that we publish a post giving drug and device companies some pre-litigation counseling. What, our reader asked, should companies do to minimize the risk that they become embroiled in a mass tort?

Ha!

There’s an old political cartoon, maybe from The New Yorker, where a man

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We’ve seen plaintiffs argue in post-Riegel medical device preemption cases – and if we win Levine, we expect we’ll see it in drug cases as well – that preemption should be denied because there is legislation pending in Congress, but not enacted, that would overturn binding Supreme Court precedent.

Not only is that

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There’s a new draft of the ALI’s Principles of Aggregate Litigation in circulation. And, like all the others, you’ll have to buy it from the ALI. Make sure you ask for Council Draft #2, or you’ll be wasting your money on a superseded version.
We’ve provided you with our views – and gripes –

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Gunvalson v. PTC involves a patient with muscular dystrophy trying to obtain access to an experimental drug outside of the context of a clinical trial. We’ve previously posted about that case here and here, among other places.
For those of you who are following this case, it has been set for argument in the

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Google Analytics tell us where in the world the visitors to our blog come from.

We’ve just now received a visitor from our 150th different country!

Kyrgyzstan put us over the top.

Honest to God — Kyrgyzstan. You’ll find it right there in central Asia, bordered by Kazakhstan to the north, Uzbekistan to the

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Defense lawyers looking for useful CLE may want to consider the upcoming webinar put together by that the DRI’s Product Liability Committee and its Mass Torts & Class Actions Subcommittee.
The topic: “Defending Medical Monitoring Claims — Recent Developments and Best Practices.”
The presenters: Sean Wajert, who’s been a guest blogger here, specifically on

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The Biomaterials Access Assurance Act of 1998?
Why the heck are we writing about that now?
Well, first, it’s our blog; if we entertain no one else, at least we can entertain ourselves.
And, second, one of us recently received a call from a sophisticated in-house lawyer at a sophisticated drug or device