Last week we came through for our readers with a $200 discount to ACI’s Drug/Medical Device Conference.
This week, we’ve gotten Law Journal Press, the publisher of Bexis’ book – officially Beck & Vale, “Drug & Medical Device Product Liability Deskbook,” (LJP 2004) – to offer it to blog readers at a 40% discount. That’s
September 2009
NYT On Accusations Of Ghostwriting
We don’t typically re-publish here accusations that are unhelpful to the pharmaceutical industry.
But we figure once something has appeared on the front page of the business section of The New York Times, our blog has little power to add or detract.
So defense lawyers interested in accusations of ghostwriting of articles published in medical…
Limits to Duty
A couple of cases we’ve posted about recently started us thinking – a dangerous turn of events, we know. There was that Beaumont Hospital case involving allegations about delivery of an incorrect free sample of a device. If somebody – anybody – at the hospital had simply looked at the thing, either when it was…
Better Late Than Never?
Everyone in the world – at least everyone who reads our blog – knows that the Supreme Court rejected preemption in Wyeth v. Levine, in large part because the regulatory history of Phenergan (as read by the majority) did not clearly establish a conflict between the plaintiff’s warning defect claim and the FDA’s regulatory…
Something Old, Something New: Recent Trials
Something old: Last week, a federal judge in New York declared a mistrial after a jury deadlocked over whether Merck’s drug Fosamax was responsible for causing a 71-year-old woman’s osteonecrosis of the jaw. Here’s a link to a Bloomberg report, although that result was widely covered in both the popular and legal press.
Something…
Maybe Baying At The Moon Helps (Part II)
Yesterday we were pleased to bring you news that the Indiana Supreme Court reversed a case we had previously criticized on precisely the grounds that we had raised.
Perhaps lighting will strike twice. Earlier this year, we criticized a federal district court decision predicting that Delaware would adopt an independent medical monitoring cause of…
An Odd Device Preemption Tangent
From where we sit, today’s post goes 0 for 2:
First, the case involves a lawsuit between health care providers and a medical device company. We don’t like to hear about those cases, because device companies don’t want to fight with anyone, let alone with health care providers, who are often the companies’ customers.
Second,…
A Half Pint, After All (Kovach v. Caligor Midwest)
Last year, we published a post titled, “Is That A Half Pint Or A Half Gallon?” criticizing an opinion out of the Indiana Court of Appeals. Last week, the Indiana Supreme Court came out our way.
In Kovach v. Caligor Midwest, No. 49A04-0707-CV-406, slip op. (Ind. Sept. 8, 2009) (link here),…
The “Bisphenol A” Provision Of The Food Safety Enhancement Act of 2009
J.C. McElveen, of Jones Day, contributed the following guest post, for which we thank him. He gets the credit for what follows; we’re just the messengers:
In July of this year, the House of Representatives passed a bill called the Food Safety Enhancement Act of 2009 (H.R. 2749). One of the provisions of that…
Bexis’ In Box (2009 Edition)
Bexis just got back from his Wyoming vacation, hiking in mountains where even his Blackberry couldn’t disturb him, and sure enough, the world didn’t grind to a halt in his absence. That’s fortunate, because if it had there wouldn’t be any material for this post. Bexis found a couple of interesting things in his in…