Today we report on a case between Happy, an elephant, and the Bronx Zoo, where Happy has been held captive for the past 45 years. Represented by an animal-rights group, Happy filed a petition for a writ of habeas corpus, claiming that her captivity is unlawful and that she should be allowed to go to
Clinical trials
Mixed Treatment Of Clinical Trial Liability On Summary Judgment
A little knowledge is a dangerous thing. A jack of all trades is a master of none. These cutesy little phrases throw some derision toward one who possesses some knowledge in a bunch of areas. Representing drug and device companies in litigation can make a lawyer reject the negative interpretation of these phrases. We have…
Med Mal Case Dives Deep Into Device Regulation
Reading through Obermeier v. Northwestern Memorial Hosp., __ N.E.3d __, 2019 IL App. (1st) 170553 (Ill. App. Div. June 28, 2019), reminded us of scrolling through television channels in the middle of the day with time to kill. The opinion started off talking about the basic medical facts of the case and we were…
Clinical Trial Liability Revisited, Briefly
Eleventh Circuit Confirms Alabama’s Strict Causation Standard and Clarifies the Elements of Informed Consent Claims
In Looney v. Moore, 2018 WL 1547260 (11th Circuit Mar. 30, 2018), the Eleventh Circuit confirmed Alabama law’s rejection of an “increased risk of harm causation standard and established that lack of informed consent plaintiffs must have a physical injury.
Looney is a clinical trial case. Parents of several infants who were born…
California Court of Appeal Limits Duty of Clinical Study Sponsor to Intervene in Treaters’ Care of Study Participants
Last week, we took a short Western Caribbean cruise to celebrate a jarringly-advanced birthday. While the weather wasn’t an asset (it was 43 degrees when we departed Fort Lauderdale, and hovered in the 60s for most of the trip), we left behind record cold and treacherous ice in Philadelphia, so we had no climatic complaints. …