If Rule 702 is supposed to keep unreliable expert opinions out, this decision raises a fair question: how many gaps are too many? In In re Covidien Hernia Mesh Products Liability Litigation, 2026 WL 1129617 (D. Mass. Apr. 27, 2026), the court considered a familiar lineup of expert opinions—general causation, specific causation, alternative design
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
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
Scott v. Amazon.com, Inc., ___ P.3d ___, 2026 WL 468578 (Wash. Feb. 19, 2026), is one of those decisions that makes us go hmmm. Here’s why.
Scott involves very unfortunate facts, four people who, in separate incidents, committed suicide using the same chemical, which they all allegedly purchased using the defendant’s online sales
When we last checked in on the Taxotere MDL back in January, we described the court’s brand and generic preemption rulings as chronological, not contradictory. At the time, that seemed like the most charitable reading.
The court had concluded that certain medical literature—the 2003 and 2006 studies—qualified as “newly acquired information” for the brand manufacturer
This post is from the non-Butler Snow side of the blog.
Back in November, we told you the court in the In re Paragard IUD Products Liability Litigation wasn’t quite finished with plaintiffs’ effort to impose a post-sale duty to warn on a company that didn’t manufacture, sell, or even own the product when it
Not too long ago one of our bloggers (McConnell) critiqued a p-side law review article he had received from a lawyer on the other side with whom he was friendly. Bexis isn’t as friendly with opposing counsel – Paul Rheingold being a rare exception. But probably due to his activity in the American Law Institute
If you ever needed proof that timing is everything, the Taxotere litigation has you covered.
Last month, a court denied summary judgment to the brand manufacturer, finding that it allegedly acquired “newly acquired information” post-dating Taxotere’s original FDA approval in 1996. This month, however, the very same court granted summary judgment to the
Bexis gave us a splendid Christmas present when he handed us a case that is right in our wheelhouse: a criminal matter with (literally) crazy facts and some connection to prescription drug labels. United States v. Rainford, 2025 WL 3522333 (10th Cir. Dec. 9, 2025), is a relatively rare (something the opinion itself mentioned)
There is a special kind of optimism—some might call it magical thinking—that animates the modern failure-to-warn claim against prescription drug manufacturers. It goes something like this: Yes, the FDA-approved label warned about the exact risk that happened to me, but the manufacturer still failed to warn.
Which is a pretty accurate summary of plaintiff’s argument