This year has seen a lot – and most of it would not fall into the positive category. The pandemic; severe wildfires in the U.S. and Australia; record setting tropical storms in the Atlantic; social unrest over police brutality; explosion in Beirut. Unfortunately, we could go on. Even more unfortunate is the fact that all
Search results for: pradaxa
Guest Post – Plaintiff’s Pyrrhic Pradaxa Victory Vanquished
By Bexis on
Today we have another guest post from friend-of-the-Blog, Dick Dean at Tucker Ellis. He’s familiar with the ongoing Pradaxa litigation and is pleased with the preemption pummeling Pradaxa plaintiffs have been receiving. Here’s his post about yet another favorable decision from the state-court Pradaxa proceedings in Connecticut. With decisions like this, who needs snap…
N.D. Georgia Holds that Pradaxa Claims are Preempted
By Stephen McConnell on
Lyons v. Boehringer Ingelheim Pharmaceuticals, Inc., 2020 WL 5835125 (N.D. Ga. Sept. 29, 2020), was a wrongful death action alleging that the anticoagulant drug Pradaxa was defective and not accompanied by adequate warnings that blood plasma concentrations should be monitored and that certain patient characteristics, such as age, renal impairments, and concomitant statin…
Post-Albrecht Preemption Persistently Pummels Pradaxa Plaintiffs
By Bexis on
Not long ago, in our “Post-Albrecht Preemption Pummels Pradaxa Plaintiffs” post we discussed several recent favorable preemption decisions in product liability litigation involving that drug: Ridings v. Maurice, ___ F. Supp.3d ___, 2020 WL 1264178 (Mag. W.D. Mo. March 16, 2020), Adkins v. Boehringer Ingelheim Pharmaceuticals, Inc., 2020 WL 1704646 (Conn.…
Post-Albrecht Preemption Pummels Pradaxa Plaintiffs
By Bexis on
Two of longest recent entries in our Post-Levine Drug/Vaccine Preemption Cheat Sheet are Pradaxa wins. Adkins v. Boehringer Ingelheim Pharmaceuticals, Inc., slip op., 2020 WL 1704646 (Conn. Super. March 13, 2020) (#106), and Ridings v. Maurice, ___ F. Supp.3d ___, 2020 WL 1264178 (Mag. W.D. Mo. March 16, 2020) (#108). There’s also…
Another Good Pradaxa Preemption Ruling—This One In California
By Steven Boranian on
We were going back through some old cases the other day and came across a gem from our hometown court right here in in San Francisco. It caught our eye because it deals with an angle of federal preemption on which we have written before and which we think is underappreciated, so we’re going to…
Plaintiff’s Pyrrhic Pradaxa “Victory”
By Bexis on
Various plaintiff-side consortia have taken it into their heads to sue every manufacturer of so-called “novel oral anticoagulants” because these products, gasp, can cause serious, and sometime fatal, bleeding incidents. Fortunately, on the whole the plaintiffs haven’t done so well with these cases – losing almost all the trials – because jurors can be taught…
California Court Bounces Out-of-State Pradaxa Plaintiffs
By Stephen McConnell on
Happy birthday, Bob Marley. (We mean the transcendent reggae singer, not the Maine comedian.) Now let’s get together and feel alright about another good personal jurisdiction decision, In re Pradaxa, No. CJC-16-004863 (Cal. Super. Ct. Jan. 31, 2019). The case strikes a blow against California litigation tourism. There were some awful decisions out of…
Punting Generic Drug Preemption In The Taxotere MDL
By Eric Alexander on
We have posted quite a bit about the Taxotere MDL and some Fifth Circuit decisions on appeals from it. The decisions have mostly been pretty good. We have posted even more about the treatment of broad preemption issues in MDLs in recent years. From our perspective, there have been too many denials of strong defense…
Confident Learned Intermediaries Defeat Warning Causation
By Bexis on
Confident prescribing physicians and implanting surgeons are the best “learned” intermediaries. They’re experienced at what they do and aren’t intimidated by plaintiffs’ counsel and their threats of malpractice claims if they don’t testify the way plaintiffs want them to. Confident learned intermediaries stand by their medical decisions. Thus a confident learned intermediary’s testimony will defeat causation as a matter of law by stating that, notwithstanding a poor result, the treatment provided was standard of care, and even in hindsight they would not do anything different. Because we encountered many stand up learned intermediary surgeons in the Bone Screw litigation, several of the relatively early decisions from the 1999-2001 timeframe are Bone Screw cases.Continue Reading Confident Learned Intermediaries Defeat Warning Causation