In the third of the three significant decisions issued in the In re Zantac MDL, No. 2924, on New Year’s Eve, preemption prevailed again – this time barring claims asserted against drug retailers and pharmacists, both branded and generic. In re Zantac (Ranitidine) Products Liability Litigation, ___ F. Supp.3d ___, 2020 WL 7864585 (S.D.
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Zantac Chronicles II – The Prevalence of Preemption
Another of the recent significant decisions from the In re Zantac MDL, No. 2924, addressed preemption – mostly but not entirely involving defendants who manufactured generic versions of the drug. In re Zantac (Ranitidine) Products Liability Litigation, ___ F. Supp.3d ___, 2020 WL 7864213 (S.D. Fla. Dec. 31, 2020). For those who have not…
Zantac Chronicles – No Innovative, or Innovator, Liability
Several significant decisions have recently emerged from the In re Zantac MDL, No. 2924. We gave you a “bare bones” rundown of the first four of them right away. But now we’d like to discuss them in more detail.
We start with In re Zantac (Ranitidine) Products Liability Litigation, ___ F. Supp.3d…
Zantac Rulings – Bare Bones
This post is from the non-Dechert side of the Blog.
There were four opinions issued in the Zantac MDL on New Years Eve. We would like to tell you all about them, but we have to seek internal client approvals, and that will take time given the number of defendants. They are important, and overwhelmingly…
Guest Post – Another Potentially Bubbly Battle Over Hydrogen Peroxide Fizzles Out
Today’s guest post is by Amy McVeigh and Jessica Farmer, who are partners at Holland & Knight. They comment on the demise of another purported class action against a manufacturer of hydrogen peroxide, which is an FDA-regulated over-the-counter (“OTC”) drug. As always our guest posters deserve 100% of the credit (and any blame)…
The BFDs – The Ten Best Prescription Drug/Medical Device Decisions of 2023
Another year bites the dust. We have just about made it through 2023, and while we have compiled our annual top ten best prescription medical product liability litigation decisions, we have the same sense with these as we did with last week’s bottom ten – in 2023 the favorable (as well as unfavorable) results from…
Generic Causation Experts Excluded In Sweeping Ruling From The Acetaminophen MDL
It is not uncommon that terms are used without knowledge of their origin and that the origin is instructive about the meaning or proper application of the term. We offer two examples. Many lawyers who at least dabble in product liability litigation have heard the term “Bradford Hill criteria.” Was it named after two different…
Malarkey − The Ten Worst Prescription Drug/Medical Device Decisions of 2023
Here we go again. The winter solstice is upon us. The days are short; the nights are long; and we have to rely on holiday lighting to keep the darkness – if not the cold – at bay. Speaking of cold and darkness, it is now time for us to look back upon the results…
Lessons Learned From The Latest Zostavax Expert Order
We had the pleasure of speaking on a panel at ACI last week, including discussion of the terrific order from the Zantac MDL excluding all the plaintiffs’ general causation experts. That order essentially did away with an entire MDL and came in fourth on our list of best decisions of 2022 . Our thoroughly enjoyable…
Reporter’s Privilege Protects JAMA Peer-Review Documents from Discovery
The legal doctrine we discuss today, the reporter’s privilege, lies outside our traditional bailiwick but is worth a quick visit. Recognized in most states, the reporter’s privilege—also known as the journalist’s or newsman’s privilege—is an absolute or conditional “protection, under constitutional or statutory law, from being compelled to testify about confidential information or sources.” Black’s…