There was an awful lot for defense counsel to contend with in Cavanaugh v. Stryker Corp., 2020 WL 5937405 (Fl. Dist. Ct. App., 4th Dist. Oct. 7, 2020). The patient died during surgery when the defendant manufacturer’s suction device damaged his heart. Another patient died under similar circumstances two years earlier. The manufacturer
Another Arizona Court Strikes a Plaintiff’s Request for Punitive Damages
This post comes only from the Cozen O’Connor side of the blog.
If you’re a defendant in a drug or device lawsuit in Arizona court, you have a good chance of avoiding punitive damages. That’s because Arizona has a statute, a good one. It exempts manufacturers, including drug and device manufacturers, from liability for
A Healthy Dose of Proximate Causation Problems Makes a Plaintiff’s Failure to Warn Claim Go Away
The plaintiff in Blackburn v. Shire U.S., Inc., 2020 WL 2840089, at *1-2 (N.D. Al. June 1, 2020), claimed that the drug Lialda caused his kidney disease and his doctor would not have continued prescribing it to him if the warning label recommended detailed and more frequent monitoring for renal disease, instead of simply
Some Doctors Are Very Learned
At this point, let’s call it what it is: anti-social distancing. The second word follows much better from that first word. They go together. Always have. It gives you the right mindset too. When you go for a perilous walk around the block, and you see someone doing the same thing, and they start coming
TwIqbal Is Still Rolling
More than ten years since the Supreme Court wrote Twombly and Iqbal, the power of those two decisions remains strong enough to roll over almost any claims that dare to show up without supporting facts. The plaintiff in Shapiro v. NuVasive, Inc., 2019 U.S. Dist. LEXIS 191373, at *4-5 (S.D. Fla. Nov. 5,
New Hampshire Court Applies New Hampshire Product Liability Law and Denies Motion to Dismiss Plaintiff’s Product Liability Claims
Choice of law analyses are confounding. They involve multi-factor tests and come with histories of decisional law that rarely apply those factors consistently. When you lower the microscope on the details and struggle to find a reliable uniformity, it just isn’t there. It begins to seem as if the only real conclusion to be reached
Allegations of Using Medicare Coding to Maximize Medicare Reimbursement Do Not State a Claim for Violation of the False Claims Act
Many things look good at first, and then not so much after you look closer. “As seen on TV” is never as good as “as seen in person.” On TV, the Sham WoW is like a shammy, a towel, a sponge. It cleans the house, the car, the boat, the RV. Why even think of
Florida Court Transfers Hip Implant Case to a New Jersey Court That May Also Lack Personal Jurisdiction
This post comes from only the Cozen O’Connor side of the blog.
Margulis v. Stryker Corp., 2019 US Dist LEXIS 68555 (S.D. Fla. Apr. 23, 2019), is another case in which the plaintiffs filed a product liability claim in a court that did not have personal jurisdiction over the defendants. In this instance,
Another California Action in which Private Plaintiffs Are Seemingly Enforcing the FDCA
The decision in Riera v. Somatics, LLC, 2018 WL 6242154 (C.D. Cal. Sept. 14, 2108), comes from California, a place in which private plaintiffs bring claims against medical device companies for violations of the FDCA all the time, despite the fact that the FDCA prohibits that very kind of thing. We won’t—yet again—get into
Michigan’s Product Liability Immunity Statute Remains an Absolute Defense
This post comes from the Cozen O’Connor side of the blog.
Michigan’s product liability statute says that a drug is neither defective nor unreasonably dangerous, and the manufacturer and seller cannot be liable in a product liability suit, if the FDA approved it and the drug and its labeling were in compliance with that