September 2009

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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

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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

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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

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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

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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,

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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