The definitive source for intelligent commentary on the law that matters for drug and device product liability cases
This post comes solely from the Cozen O’Connor side of this blog.
Last week, the Judge in the Testosterone Replacement Therapy (TRT) MDL threw out an over $140 million jury verdict. In re Testosterone Replacement Therapy Prods. Liab. Litig. Coordinated Pretrial Proceedings, 2018 U.S. Dist. LEXIS 111724 (N.D. Ill. July 5, 2018). It…
Way back in law school we learned that a plaintiff suing for negligence must satisfy four elements: (1) duty, (2) breach, (3) causation, and (4) injury. Every one of these elements can be a battleground. Even what seems like the simplest inquiry – whether the plaintiff was injured – can be controversial. We have …
This guest post is by Tom Hurney at Jackson Kelly, a genuine West Virginia lawyer who leaped at the opportunity to write about a recent favorable decision of his home state’s highest court and to give you a taste of what West Virginia is like. We were happy to oblige. So here’s a discussion…
Is fear of injury the same thing as injury? The question answers itself. At least it should. They are not the same, and there are strong jurisprudential reasons for courts to throw out cases alleging mere fear of injury. We have a No Injury scorecard documenting a pretty clear court consensus that fear of injury
…
This guest post is by Reed Smith associate Lora Spencer, who (as you might suspect) calls Texas her home. In her first rodeo on the blog, she discusses a recent MDL decision that she thinks is a few pickles short of a barrel, and hopes it’s not a harbinger of things to come. Not…
While the entire blogging team (RS, at least) was traveling home by planes, trains and automobiles from the DRI’s annual Drug and Medical Device conference, the West Virginia Supreme Court of Appeals – yes, the same court that rejected the learned intermediary rule little more than a decade ago – issued its blockbuster opinion today…
The district judge in the In re Zimmer Nexgen Knee Implant Products Liability Litigation MDL issued a summary judgment order in October 2016 that we called “the best Wisconsin law decision we have ever seen.” What was the reason for our unusually unbridled enthusiasm? The district judge debunked the idea that the learned…
If you’re not interested in Pennsylvania product liability law at the moment, come back tomorrow. This particular post is not limited to (or even primarily about) prescription medical products.
Back in 2014 the Pennsylvania Supreme Court worked a revolution in product liability when it decided Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa.…
We remember how, shortly after the atrocious decision in Johnson & Johnson v. Karl, 647 S.E.2d 899 (W. Va. 2007), rejecting altogether the learned intermediary rule, litigation tourists visiting West Virginia argued that Karl represented that state’s “public policy” and therefore the learned intermediary rule could not apply even to their out-of-state cases under…
In our continuing quest to share worthwhile educational opportunities with our loyal readers, we have a double shameless plug this weekend.
First, some of your favorite Drug and Device Law bloggers will be presenting at Reed Smith’s Philadelphia Life Sciences CLE Day on Thursday, November 2 at Reed Smith’s Philadelphia office. This is a free…