Tomorrow is the Fourth of July, also called Independence Day, which is when Americans celebrate the independence of the North American colonies from Great Britain. We celebrate American independence on July 4 because the Second Continental Congress adopted the Declaration of Independence on that date in 1776, although it was not signed until about a
Gaming The Vaccine Act Doesn’t Pay—Literally
We recently commented on claimants who manipulate and evade the Vaccine Act by making vaccine claims, only then to make no effort to pursue them. Their play is to abandon their claims after the statutory 240-day waiting period and file lawsuits, where they stand a better chance of recovering more money. Because we think the
Montana Enacts Product Liability Tort Reform (And Bans TikTok)
Montana became the first state to ban TikTok this month. You no doubt have seen the press and have read the spirited discussion condemning foreign spies on the one hand and championing First Amendment rights on the other. Litigation has already commenced. But, while all that was developing, you may have overlooked that Montana
E.D. Louisiana Dismisses Antiperspirant/Benzene Claims—Again
We are in New Orleans for the annual DRI Drug & Medical Device Seminar, so we would be remiss if we passed up the opportunity to write on a Louisiana case. The case will sound familiar. We reported six months ago on the dismissal of a case brought by the same plaintiff alleging that benzene
Dentists As Product Manufacturers? Bet On It In Nevada
Personalized medicine is the wave of the future. Whether treating disease or prescribing medical devices (or both), medical practitioners are taking individualized patient characteristics into account more and more as they treat their patients. Cancer therapy can now be targeted at the genetic level, and some medical devices can now be created to match patient
This Is Why FDA Is Not a Black Box
A federal judge in DC has reminded us that the government does not operate in secret, at least not always and usually not completely in connection with prescription drug approval. The case is Vanda Pharmaceuticals, Inc. v. FDA, No. 22-cv-938, 2023 U.S. Dist. LEXIS 51853 (D.D.C. Mar. 27, 2023), and the plaintiff was a
California Court Affirms Preemption Of Prop 65 Claims For OTC Drugs
We reported nearly two years ago on a California trial court that dismissed claims against generic over-the-counter drug manufacturers under California’s notorious Proposition 65, on the basis that federal law preempted those claims. You can read that post here, and you will see that we said at the end that an appeal was likely.
Ninth Circuit Holds The Line On Post-Ford Personal Jurisdiction
We have never been sued in Hawaii. At least not yet. It could be that someday someone will call us to task for eating too much shave ice or using the word “mahalo” incorrectly. But so far we have traversed the Aloha State unscathed by legal exposure. Our favorite Hawaiian island is Kauai, the Garden
Third Circuit Says The Government Overreached On This One
The federal government cannot compel pharmaceutical manufacturers to sell prescription drugs at a discount to unlimited numbers of pharmacies. That is the takeaway from the Third Circuit’s recent opinion in Sanofi Aventis U.S. LLC v. United States Department of Health and Human Services, No. 21-3167, 2023 WL 1098017 (3d. Cir. Jan. 30, 2023) (to
California Reaffirms Healthcare Data Privacy Standard And Rejects Class Certification
We have not written much on data privacy lately, but it remains a hot topic and one that changes rapidly as governments around the world (including numerous U.S. states) enact new data privacy laws. One thing that has not changed is the standard for proving a data privacy breach under California’s medical confidentiality statutes. For