It’s MLB playoff season and once again the Milwaukee Brewers are at the top of the field. They, along with the Philadelphia Phillies and the Chicago Cubs, have all secured a home-field advantage in the playoffs. That means those teams have the tactical edge of getting the final at-bat in each inning and overall. They
Organ Procurement Organization Granted Immunity in Kentucky
2024 was a big year for blood and tissue shield statute decisions across the country (from Florida, California, North Carolina, Illinois, and Ohio). And it looks like we added Oregon to the tally this year, but we let Kentucky and Nelson v. Aziyo Biologics, Inc., 2025 WL 2045167 (E.D. Ken.
Guest Post: It’s The “Learned” Intermediary Doctrine; Not the “Ignored” Intermediary Doctrine
Today’s guest post is from Dechert’s Brooke Meadowcroft who brings us her take on an unfortunate learned intermediary ruling out of Illinois. As always, our guest posters deserve 100% of the praise (and any of blame) for their posts. Not that we expect the latter.
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The learned intermediary doctrine is the elegant legal principle
Fraud-on-the-FDA Claims are Preempted (As If You Didn’t Know)
It’s twenty-four years post-Buckman and here we are still talking about the dismissal of cases premised on allegations that a manufacturer made misrepresentations to the FDA. Which means plaintiffs are still filing them. We thought Buckman was the legal equivalent of a big red “STOP” sign. But it seems not everyone got the message.
When the Plaintiff Destroys Evidence: Dismissal and Sanctions in the Age of Ephemeral Messaging
Today’s case is not a drug or device case. It’s not even a products liability case. But it does deal with sanctions against a plaintiff and his counsel for intentional spoliation of text messages—conduct that could (and undoubtedly has) taken place in prescription medical product liability litigation. So, we’ve added Pable v. Chicago Transit Authority,
No Cause of Action for Robbing the FDA of an Opportunity
If you’re a frequent visitor to the DDL blog, you’ll know all about products liability claims premised on defendants’ alleged failure to report adverse events to the FDA. You’ll also be acutely aware of what we think of such claims—they are flat-out preempted. Much to our dismay, not every court agrees with us. But recently
Bair Hugger MDL Dismisses Plaintiffs Who Ghosted Their Fact Sheets
This post comes from the non-Butler Snow side of the blog.
The Bair Hugger MDL has an up and down history. First, we lauded the district court’s Rule 702 rulings that led to summary judgment across the board for the defendant. But then the Eighth Circuit reversed. The cases came back to the district court
Personal Responsibility and Products Liability: Broken Doesn’t Mean Defective
Plaintiffs bring product liability suits against medical device manufacturers when outcomes fall short of expectations. Such as when a bone plate—a device surgically implanted to stabilize broken bones and enable proper healing—breaks. Now indulge us for a moment because Bexis and Yeary learned a lot about bone screws and orthopedic devices back in the day.
E.D. Missouri Tosses Out Kitchen Sink Complaint
The term “kitchen sink complaint” is not meant as a compliment. And the court did not use it as one in describing the proposed amended complaint in Ehlers v. Abiomed, Inc., — F. Supp. 3d –, 2025 WL 2029662, *9 (E.D. Mo. Jul. 21, 2025). The term refers to the tendency of some attorneys
W.D. Washington Keeps Plaintiff’s Expert In Her Lane
From a doctrinal standpoint, courts rely on a well-established principle: experts are permitted to testify to assist the fact-finder, not to persuade them with rhetorical flourish. Federal Rule of Evidence 702 permits experts to offer opinions grounded in their expertise, but that doesn’t open the floodgates to courtroom TED Talks. The moment an expert starts