February 2010

Photo of Bexis

What does a smokeless “electronic cigarette” have to do with drugs and medical devices?  Well, according to the FDA, an electronic cigarette is a “drug-device combination.”  Lately, however, it seems that the Agency’s position has become a strategic misstep. It gave rise to this a recent opinion by Judge Richard Leon, Smoking Everywhere, Inc. v.

Photo of Bexis

The BBC is reporting that the British Medical Journal Lancet has issued a full retraction of the notorious 1998 article that claimed there was an increased risk of autism associated with use of the MMR vaccine.  Among the grounds for the retraction:  the lead author “was in the pay of solicitors who were acting for

Photo of Bexis

Once upon a time, quite a few years ago, one of us had the pleasure of a having a case before the (late?) Hon. John Dowling of the Dauphin County (Harrisburg, Pa.) Court of Common Pleas. We still remember winning the case on summary judgment – after finishing our argument, the first words out of

Photo of Bexis

Have you ever noticed how you notice the same thing everywhere when you’re thinking about it? If you’re contemplating purchase of a station wagon, you see station wagons all over the place (sort of like the parking lot of a 1970’s Bobby Sherman concert).

We’ve been thinking about ex parte interviews with treating doctors. We’re