You’ve probably noticed there’s been a lot of soccer going on recently. We don’t purport to be experts on the “beautiful game,” but every four years we find ourselves riveted by a sport we don’t always watch and sometimes don’t understand. The expanded field of 48 teams generated lots of unexpected excitement, and we thoroughly
Baby formula is not a prescription drug. No doctor hands you a slip of paper for it. The FDA does not regulate it that way. And yet — when a premature newborn receives cow-milk-based preterm formula through a tube in a neonatal intensive care unit, administered by hospital staff, ordered by neonatologists, selected after individualized
Gadolinium is a heavy metal. Sounds ominous. But it is also the active component in contrast agents used in more than 100 million MRI procedures — and its accumulated safety record is, in the words of plaintiff’s own literature, “extraordinarily positive.” Combs v. Bayer AG, 2026 WL 1693470, at *11 n.19 (Okla. App. Ct.
Here at the Blog, we love the learned intermediary rule. We’ve chronicled the rule’s steady expansion as it now has precedential support in all fifty states. “Every state in the country, along with the District of Columbia and Puerto Rico, has adopted the learned intermediary doctrine in some iteration.” Dearinger v. Eli Lilly & Co.
Here at the Blog, we love the learned intermediary rule. We’ve chronicled the rule’s steady expansion as it now has precedential support in all fifty states. “Every state in the country, along with the District of Columbia and Puerto Rico, has adopted the learned intermediary doctrine in some iteration.” Dearinger v. Eli Lilly & Co.
Here at the Blog, we love the learned intermediary rule. We’ve chronicled the rule’s steady expansion as it now has precedential support in all fifty states. “Every state in the country, along with the District of Columbia and Puerto Rico, has adopted the learned intermediary doctrine in some iteration.” Dearinger v. Eli Lilly &
The learned intermediary rule – that prescription medical product warnings are directed to (and written to be understood by) the professional medical personnel who prescribe them – is as close to unanimous as any tort doctrine that we know of. We keep a running tab on the 50 states, and the rule has support in
The latest medical device express preemption decision, Wieder v. Advanced Bionics LLC, 2026 U.S. Dist. LEXIS 70645, 2026 WL 880370 (S.D.N.Y. Mar. 31, 2026), comes out of the Southern District of New York and involves a Class III, PMA‑approved cochlear implant.
Fluid allegedly worked its way into the device and caused a short‑circuit and device
Nevada courts have long applied the learned intermediary rule to pharmacists filling prescriptions, and now another federal district court has ruled that the doctrine applies to drug manufacturers, too. This is not surprising, since other federal judges have similarly predicted that Nevada’s Supreme Court would apply the learned intermediary rule to drug and medical device
This post comes from the non-RS side of the Blog.
Prescription medications for psychiatric conditions fill an important role in modern healthcare. They tend to have labels with lots of information about the risks of various emotional, psychological, and neuroreceptor-mediated conditions, including worsening of the underlying conditions being treated, interactions with other medications or substances