Regular readers know that, after receiving a useful guest post on Iowa learned intermediary law, we asked our readers if they would like to prepare similar detailed arguments in favor of the LIR for other states in which there was no state-court appellate law. Here is one for Wisconsin. It’s authored by three attorneys from
Search results for: heeding presumption
Great Results, if Wobbly Reasoning, in Taxotere “Warnings Causation” Decisions
By Rachel B. Weil on
We are feeling happy and grateful this week. On Sunday, we were able to hug the Drug and Device Law Dowager Countess for the first time in fourteen months and to share a Mothers’ Day meal with her and our siblings, all fully vaccinated and past the waiting period. The Countess is closer to 90…
Vermont Learned Intermediary Law Prediction And Quirky Application In Pelvic Mesh Remand Case
By Eric Alexander on
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…
New Jersey Dismisses Case Due to No Product Identification
By Michelle Yeary on
We are six weeks into 2021 and for most, it stills feels a lot like 2020. We are starting to hear about restrictions being lifted or modified to allow for more . . . well more anything. But that’s happening just as almost the entire country is being overwhelmed by a polar vortex. Ice, snow,…
Tort Pandemic Countermeasures − The Ten Best Prescription Drug/Medical Device Decisions of 2020
By Bexis on
With 2020 mercifully coming to an end, it is once again time for the Drug & Device Law Blog’s top ten decisions of the year. In keeping with COVID-19’s dominance of 2020, we present our top ten in the context of countermeasures against another social ill – the tort pandemic raging across much of the…
When It’s Not Quite Physician Failure To Read
By Bexis on
We have a long, 50-state survey post entitled “Don’t Forget About A Prescribing Physician’s Failure To Read Warnings,” about a subject as to which we feel strongly enough that we keep it updated on an ongoing basis. Its proposition is simple, and powerful: Under the learned intermediary rule, it is impossible to prove…
Both Sides of the Coin in E.D. Pa. Comment k/Warnings Causation Opinion
By Rachel B. Weil on
Last week with dismay, we described the Eastern District of Pennsylvania’s decision in Gross v. Coloplast Corp., et al., 2020 WL 264691 (E.D. Pa. Jan. 17, 2020). The Gross court (we are resisting the immature cheap shot) “predicted,” in the face of decades of contrary evidence, that the Pennsylvania Supreme Court would not…
Iffy Propositions
By Bexis on
Speaking of iffy propositions, we’re reminded of the hypothetical, hindsight-oriented questions that plaintiffs so often ask prescribing physicians: “What if you had known X?” “Would you have liked to know X?” “Wouldn’t you have wanted to know Y?” The (usually) unspoken premise of these questions is the more knowledge is always better than less –…
“But For” Personal Jurisdiction
By Michelle Yeary on
Personal jurisdiction being a key issue for us here at DDL Blog, we’ve talked a lot about the “minimum contacts” needed to establish jurisdiction over an out-of-state defendant. Not many cases, however, analyze the two specific jurisdictional tests for minimum contacts. That’s likely because in most cases, it doesn’t make a difference whether you use…
Two Thumbs Up − The Ten Best Prescription Drug/Medical Device Decisions of 2018
By Bexis on
Ending the year on a high note is one thing that the Blog tries to do – with the top ten drug/device product liability decisions of the year. Occasionally, a court will do something that ruins the party, with an eleventh-hour awful decision (the infamous Bausch v. Stryker Corp., 630 F.3d 546 (7th Cir.…