We are medical device and pharmaceutical lawyers, so preemption is our thing. It may not make for scintillating cocktail conversation, but we find the intersection between Constitutional law (the Supremacy Clause and the federal/state balance of power) and public policy issues (health and safety, and regulation versus litigation as the best way to promote
Attenuated (Anti)Vaccine Claims
Of late, the Fifth Circuit has come in for some criticism over rulings involving science, the FDA, and medicines. But apparently even it has its limits—and Article III standing is one.
In Children’s Health Defense v. FDA, No. 23-50167, 2024 U.S. App. LEXIS 1528, 2024 WL 244938 (5th Cir. 1/23/24), a non-profit and several
RICO Madness: Medical Marijuana, Inc. v. Horn
No surprise, we are not fans of civil RICO. We don’t like how it is misused by lawyers on the other side to convert run-of-the-mill pharmaceutical and medical device cases into class actions. We don’t like that it carries the possibility of treble damages and attorneys’ fees. We don’t like the elasticity of its terms.
Yet Another Update on Medical Abortion Litigation: PhRMA’s Amicus Brief in Support of Petition for U.S. Supreme Court Review of the Fifth Circuit Decision
We have posted a few times (here, here, and here) about the Alliance for Hippocratic Medicine v. FDA/Alliance for Hippocratic Medicine v. Danco Labs., LLC litigation, in which an anti-abortion group is seeking to invalidate regulatory actions taken by the FDA with regard to mifepristone, a pharmaceutical FDA-approved for use
Shingles, Vaccines, and Rule 702
We’ve discussed our Drug and Device Law Blog elder care duties before and how it has educated us about health issues faced by the senior population. Shingles is one health risk that increases as you get older. It is often described as a painful rash, but “painful rash” doesn’t really capture how bad shingles can
Preemption and OTC Drugs
It is fair to say that Bexis co-founded this blog (in 2006!) in part to aid the cause of medical device and pharmaceutical manufacturers, targets in our lawsuit-obsessed country. Over the years, this blog has come to serve as an important resource for our drug and defense bar colleagues, and Bexis regularly identifies—if not
Delaware Is Definitive On No-Injury Medical Monitoring
As a defense lawyer, one grows accustomed to clear judicial days on which the state court can foresee forever. See Thing v. La Chusa, 48 Cal. 3d 644, 668 (1989). On those clear judicial days, when the court catches a glimpse of the possibility of harm shimmering off in the distance, one can be
What A Difference A Decade+ Makes
Thirteen years litigating the same case is a looooong time. Absurdly long. Long enough for an attorney working on the case to go from an associate learning to coax a newborn to sleep, to a partner juggling teen school and soccer commitments. Long enough for lawyers to migrate from Blackberrys and voicemail, to smart phones
No Boo Boos in OTC Preemption Case
Like having a first child, when you assume new responsibilities in caring for elderly parents, you get a crash-course education in topics you otherwise never would have thought about. Have your first child, and you likely will develop a new-found interest—if not firmly-held opinions—on concepts like sleep training and breast feeding. Take on a role
One Weird Old Trick For Docket Management
Florida courts are handling a lot of lawsuits. Lots and lots of lawsuits, and for a convergence of reasons. Backlogs from pandemic-related closures and delays. The highest per capita rate of federal court personal injury cases in the country by some measures. Claims over last year’s Category 4 Hurricane Ian. Recent tort law changes