Like many of you, we spend a large portion of our professional life litigating cases consolidated in MDLs. MDLs serve a purpose in this “mass tort” world, but they also breed laziness and complacency among plaintiff lawyers who amass “inventories” of clients they’ve never met and about whose claims they know nothing in the hope
Eastern District of Kentucky: “Voluntary Recall” Doesn’t Equal “Defect”
The issue of product recalls rears its head a lot in our medical device practice. Or non-recalls, to be more precise. In the unsavory world of plaintiff solicitation, we have seen, over and over again, that plaintiff firms and their “phone banks” recruit potential plaintiffs by telling them that devices that remain in their bodies
Illinois Supreme Court: Need for Medical Monitoring Is Not an “Injury” that Supports a Negligence Claim
A couple of weeks ago, we walked around the Drug and Device Law Suburban Abode with a critical eye. The Abode was built the same year we were built, and we were struck by its similar cries for invasive cosmetic help. As a stopgap, we arranged to have the exterior painted, a finger in the
Evidence of 510(k) Clearance Is Relevant and Admissible, Says E.D. Pa. IVC Filter Judge
As we write this, it is a glorious Labor Day Monday in the suburbs of Philadelphia. We are pleased to confirm that the Drug and Device Law Rock Climber retrieved her dogs last week, though not before we rushed to the vet one last time, this time to address the Pom’s allergic skin reaction to
A Great Comment k Decision from the Eastern District of Pennsylvania
We begin with an update on the “visiting dogs’ health crisis.” All medications are finished, special diets are a thing of the past, and (dare we say it out loud) all canine digestive tracts seem peaceful. The chubby Pomeranian was relieved of about four inches of hair today at the hands of a
Another Bad Comment k Decision from a Pennsylvania Federal Court
Last weekend, the Drug and Device Law Rock Climber passed through to drop off her two dogs – a four-pound Chihuahua and a chubby Pomeranian, now hirsute, who was nearly bald from a skin infection when he was rescued a year ago. These are very cute dogs who mostly get along with the Drug and
New York Chantix Case: Great on Preemption, Not So Hot on “Failure to Test.”
Recently, largely related to the dubious pleasure of home ownership, we have had multiple occasions on which we were forced to shrug our shoulders and proclaim, “Nothing’s perfect.” To wit, we recently noticed a small wet spot on our bedroom ceiling. The roofing company discovered that the corresponding section of the roof was too shallow
Expert Excluded, and Summary Judgment Granted, In Remanded Pelvic Mesh Case
One day last week, we were sitting at our computer watching a torrential rainstorm through the windows of our home office. It occurred to us, based on some recent seepage, that we should check our basement. We opened the door to the most-unwelcome sound of rushing water. Momentarily confused, we identified the source: a new
Taxotere Plaintiffs Taken Down By Their Own Expert — Again
One recent night, three-plus months into our ongoing solitary confinement, we found ourselves laughing very hard at a classic Road Runner cartoon. We especially loved the moment when Wile E. Coyote stepped off a cliff then froze in mid-air as knowledge of his fate dawned on him. That image popped into our mind as we
More Great News from the Taxotere MDL
Yesterday afternoon, only a few minutes after we saw the storm warning and cut short our walk with the Drug and Device Law Little Rescue Dogs, a brief but violent thunderstorm crashed through our neighborhood in the western suburbs of Philadelphia. (We note, parenthetically, that the adjective “violent” describes our weather with unprecedented and escalating