Texas, like Michigan, imposes a strong presumption of non-defectiveness on drug labeling approved by the FDA. As to the Michigan statute (which has been around longer), the Sixth Circuit (where Michigan is located) ruled that an exception to the presumption for fraud on the FDA was preempted by Buckman. Garcia v. Wyeth-Ayerst Labs., 385
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On Punitive Damages
By Bexis on
The Eighth Circuit’s recent overturning (technically, affirming the district court’s blow out) of a large punitive damages award in a hormone replacement therapy case got us thinking about punitive damages again. See In re Prempro Products Liability Litigation, ___ F.3d ___, 2009 WL 3518245 (8th Cir. Nov. 2, 2009).
Thinking, but not necessarily talking…
Ledbetter v. Merck: Appeal Dismissed
By Bexis on
Ledbetter v. Merck was a big deal when it came down last year. Here’s what we wrote back then.
(Then, as now, Bexis played no role in writing posts about the case, since his firm is involved in the Vioxx defense. Blame Herrmann alone for what follows.)
Judge Randy Wilson, in Harris County, Texas,…
Back To The Trial Courts (Ebel v. Eli Lilly)
By Bexis on
By the standards of the web, this is old news — the decision came down on January 29.
And, by our recent standards, it’s unimportant news — we’ve been wallowing in Supreme Court cases, and now it’s back to the trial courts.
But we really liked what a federal trial court did in Ebel v.
Drug (and Vaccine) Preemption Scorecard
By Beck/Herrmann on
Don’t be deceived by the date of this post! We update this scorecard regularly!
Folks keep asking us for the drug preemption scorecard: Since the FDA promulgated its “Preemption Preamble” in January 2006, how many decisions have accepted the preemption defense, and how many have courts rejected it?
It’s not quite that easy. There are…
Compliance With FDA Regulations As A Defense
By Bexis on
Many states have enacted statutes creating a defense to some or all damages if a drug manufacturer complies with requirements imposed by the FDA.
This is already a big issue; it is about to become a bigger one.
As readers of this blog know, the preemption defense is percolating through the courts. Colacicco is first…
Why The Texas Vioxx Decision Matters
By Bexis on
Last weekend, we did a post on why preemption matters. The story has now evolved.
Judge Randy Wilson, in Harris County, Texas, is overseeing the Texas statewide coordinated Vioxx proceedings. Judge Wilson announced late last week (April 12, more or less) that he would be entering an order ruling in favor of Merck on…
Index of Posts (Updated Weekly)
By Bexis on
We’ve had a couple of complaints that it’s hard to locate on this blog old posts that contain information of interest. (One of those complaints was Beck complaining to Herrmann; the other was Herrmann complaining to Beck.)
To make things easier, here’s an index of all of our posts to date, with hyperlinks to the…
Regulatory Compliance and Punitive Damages
By Bexis on
We’ve already posted a number of items about Philip Morris USA v. Williams, 127 S.Ct. 1057 (2007), but like a kids in a candy store, we’re still looking at the case to try to figure out all the things that defendants might be able to do with it. We closed our last post on…