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So, another year has passed.  2022 is in the books and the republic still stands, even if Roe v. Wade (and, soon, Twitter) do not.  The COVID-19 pandemic – if not COVID-19 itself, which has instead become endemic – is largely over, except for some probably PREP Act preempted shouting.

For the Blog, the end of the year means that it’s time for our annual celebration of the Drug & Device Law Blog’s top ten decisions of the year.  Some of these cases establish important legal principles, such as preemption, Rule 702 expert exclusion (don’t say Daubert), or the learned intermediary rule.  Others are important because they affect large numbers of cases gathered in the increasingly dysfunctional federal multi-district litigation system.  Some do both.  In either event, these decisions make the legal world at least somewhat less dangerous for our clients and (not incidentally) more favorable for us defense lawyers.…

Continue Reading The Thrill of Victory – The Ten Best Prescription Drug/Medical Device Decisions of 2022

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It’s that time of year again – time to review drug and medical device product liability litigation during 2022 and select the year’s ten worst decisions.  Frankly, it’s not that hard to do – they reek to high heaven, so they are pretty easy to find.  What’s harder is finding the motivation to write about decisions that we find profoundly distasteful for one reason or another.  It’s fun to write about wins, but not about losses, so watch for decisions we might not have addressed previously.…

Continue Reading The Agony of Defeat -The Ten Worst Prescription Drug/Medical Device Decisions of 2022

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We’re tired – Tired of blatant lying about COVID-19 and the vaccines that can stop it.  Tired of miserable, selfish people who won’t take basic, proven health precautions to combat COVID-19, endangering not only themselves, but everyone else as well.  We’re tired of obstructionist politicians who cynically seek to prolong the pandemic for political ends. …

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Once again we undertake our annual task of sorting through the worst decisions of the year in prescription medical product liability litigation.  These are the true superspreaders of litigation against our clients, extending the contagion of non-socially distanced litigation tourism and other infectious forms of attorney-solicited lawsuits far and wide, to the detriment of almost…

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Bexis’ Book

FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
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