Back in March, we discussed the Administration’s declaration of tort immunity under the “PREP Act” (42 U.S.C. §§247d-6a, et seq.) for “countermeasures” combating the COVID-19 epidemic. Today, we’re discussing the first cast that we know of to construe this declaration.
That case is Estate of Maglioli v. Andover Subacute Rehabilitation Center I, 2020
We begin with an update on the “visiting dogs’ health crisis.” All medications are finished, special diets are a thing of the past, and (dare we say it out loud) all canine digestive tracts seem peaceful. The chubby Pomeranian was relieved of about four inches of hair today at the hands of a
To us – and we suspect to most of the exceptional public servants employed by the FDA – Sunday, August 23, 2020 will be a day they would rather forget. On that day the Agency issued an “emergency use authorization” (“EUA”) for what is known as “convalescent plasma” for the treatment of COVID-19,
It is an old legal adage that hard cases make bad law. One could also say that big cases make bad law, especially if by “big” we include Multi-District Litigation (MDL) cases. When a federal judge is suddenly in charge of thousands of cases, that judge will too often start thinking more like a manager
About two months ago we wrote the post Complaints Are Like Onions, They Have Layers about the need for courts to “address the viability of each claim” on a motion to dismiss. Bayer Corporation v. Leach, 2020 WL 3118509 at *1 (Ind. S. Ct. Jun. 12, 2020). Complaints need to be pulled apart and
April Zambelli-Weiner is an epidemiologist (meaning she’s not an M.D.), on the plaintiffs’ side, who claims expertise in a wide variety of areas. In addition to the Zofran (birth defect) litigation that prompted this (and a prior) post, her name pops up in litigation over leukemia, Walsh v. BASF Corp., ___ A.3d
Sometimes we write on issues for peculiar reasons. Today, for example, a case on a certain topic caught our eye because of its catchy name: Clark v. Perfect Bar. So many questions arise from this concise, yet provocative tag. Did the owner of the 100-year-old brand Clark Bar get sideways with a modern upstart
Long ago, when we first started representing the makers of prescription pharmaceuticals, it was said that people did not tend to sue over life-saving medications. Contraceptives, pain medications, obesity medications, diabetes medications, psychiatric medications, and many others were fair game, even if the risk-benefit calculus for an individual patient might involve major benefits on one
There is no reasonable basis to remand Cazares v. Ortho El Paso, P.A., 2020 WL 4562231 (W.D. Tex. Aug. 7, 2020) because there is no reasonable basis for plaintiff’s strict liability claims against a hospital. And that is sufficient.
That, however, is not what the magistrate who first ruled on plaintiff’s motion to remand
As we round the clubhouse turn and head into the home stretch of this annus horribilis, our nominee for the word of 2020 is “doom-scrolling.“ We’ve sacrificed entire nights of sleep to our iPads, pursuing the latest news (real, fake, or hybrid) of infectious diseases of both the body and the body politic. Three