We’ve been keeping an eye on some interesting litigation in the District of Columbia, Iacangelo v. Georgetown University, C.A. No. 05-2086 (PLF). It’s not even a drug or device case, but rather a suit against a hospital and some doctors over their off-label use of certain “substances” in a medical procedure that went awry.
Special Masters Reject Autism-Vaccine Link
The Blog of Legal Times reports that three special masters for the Court of Federal Claims have issued reports rejecting an alleged link between childhood vaccines and autism.
Giles, An SSRI-Suicide Defense Verdict, Affirmed
The Seventh Circuit just released its published opinion affirming the judgment entered on a defense verdict in an SSRI-suicide case. Giles v. Wyeth, No. 07-3149, slip op. (7th Cir. Feb. 12, 2009) (link here). Since Herrmann both tried the case and argued the appeal, we’ll be circumspect with what we say here.
Jeff
Hither and Yon
Here are three items we saw that might interest you:
First, on Monday, Judge Mark Bernstein (in Philadelphia Common Pleas) decertified a Neurontin off-label use class action, granted summary judgment on express warranty claims, and otherwise permitted the claims of two individual plaintiffs to proceed (they promptly asked for a continuance). Gregory Clark and Linda
Waiting For Levine
Everyone keeps asking us when the Supreme Court will decide the big preemption case of Wyeth v. Levine. The parties argued the case on November 3; when will the Court rule?
We don’t have a clue.
The Supreme Court decides all cases argued during a Term before the Court adjourns for the Summer in the
He Likes It! — We Think
Scott Greenfield blogs at Simple Justice, and he prides himself on being a curmudgeon. He even has a “curmudgeons’ club,” and he knows who the members are. Herrmann ain’t one.
Greenfield thus wasn’t amused to hear about Herrmann’s book, The Curmudgeon’s Guide to Practicing Law. Greenfield was The Curmudgeon; Herrmann wasn’t
The Second Shoe Drops In Seroquel
On January 30, Judge Anne Conway granted summary judgment in favor of AstraZeneca in the first of two Seroquel test cases in the federal MDL.
At the end of last week — on Friday, February 6 — Judge Conway entered the order granting summary judgment in the second test case, Haller v. AstraZeneca Pharmaceuticals
Bert Rein On The Politics Of Preemption
Bert Rein, of Wiley LLP, prepared the following guest post. We thank him for the contribution, and the credit for what follows naturally goes to Bert alone:
As we anticipate decision in Wyeth v. Levine when the Supreme Court reconvenes on February 23, we continue to see how contentious an issue preemption has
Wyeth Letter to Supreme Court re Pfizer Acquisition
The blogosphere has raised an issue about the possible effect of Pfizer’s acquisition of Wyeth on the pending Supreme Court case of Wyeth v. Levine.
To keep our readers abreast of the situation, we post here a link to Seth Waxman’s letter to the Supreme Court (on behalf of Wyeth) explaining that Pfizer and Wyeth
The New Voice In The Blogosphere
It’s a pleasure to have an intelligent, articulate, defense-minded voice join us in the blogosphere.
(Lord knows, we can use all the help we can get.)
So we welcome aboard our new visitors who came through from Russell Jackson’s Consumer Class Actions and Mass Torts blog.
We’re also delighted to be spared the effort of