There are some basic rules for medical product liability litigation, at least as we—and the vast majority of courts—see it.  One is that the manufacturer of the medical product that the plaintiff used and allegedly injured her is typically the right defendant.  Part of what a potential plaintiff is supposed to do during the statute

The plaintiff in Salinero v. Johnson & Johnson, __ F.3d __, No. 20-10900, 2021 WL 1681237 (11th Cir. Apr. 29, 2021), tried a new twist to get around the learned intermediary rule—and it did not work.  The district court rejected the plaintiff’s attempt to graft a “financial bias” exception onto Florida’s learned intermediary rule,

In addition to having Green Mountains, maple syrup, lake houses, an ice cream company run by summer camp buddies, a mitten wearing Senator, and a history of low COVID rates, Vermont has a history of being a legal outlier.  Some of its positions might be considered progressive or regressive.  The legislation discussed here is a

Today’s case originated in the pelvic mesh MDL pending in the Southern District of West Virginia.  Approximately one year ago, the matter was transferred to plaintiff’s home jurisdiction in Florida.  Accompanying the case upon transfer was defendant’s motion for partial summary judgment on four of plaintiff’s claims.  Plaintiff abandoned three of those claims (strict liability

It’s a good day in suburban Philadelphia.  The sun is shining, the snow is melting, Covid-19 cases are down nationwide, and we just got a text from the Drug and Device Law Rock Climber heralding a weekend visit (with the Irascible Rescue Pomeranian in tow).  We are enjoying a welcome (if cautious) flash of optimism. 

Given the events of the last eleven months or so, we give ourselves and other legal commentators a preemptive pass for the following situation:  you read a case, you think about how you would describe it, and you see that you have described similar cases in a similar way more than once.  This could be