Plaintiffs usually allege that decisions regarding marketing, distributing and selling a drug or device – as well as interactions with the FDA – were made by the manufacturer at the corporate level. Of course, they argue that these corporate decisions then impacted the prescribers and plaintiffs at their home locales. As lawyers who defend mass torts,
We aren’t the first to note the latest class action denial in the prescription medical product liability field, In re Panacryl Sutures Products Liability Cases, No. 5:08-MD-1959-BO, slip op. (E.D.N.C. Nov. 13, 2009). 360 (subscription only) beat us to the punch the other day. But just because we aren’t first, doesn’t mean there’s nothing
A federal trial court has held that West Virginia public policy forbids applying the learned intermediary doctrine even to patients treated outside of West Virginia.
Thus: An Alabama physician prescribes a drug to an Alabama resident. The resident uses the drug in Alabama and is allegedly injured by the drug there. Alabama law recognizes the
On some days, we think we should re-name this blog. How about: “The Obscure, But Important, Stuff Blog”?
Nah. After three years, we’ll stick with the moniker we chose originally.
But we’ll report on In re Ford Motor Co., No. 09-50109, slip op. (5th Cir. Aug. 21, 2009) (link here), which addresses obscure,
We keep score here.
We keep the Drug/Vaccine Preemption Scorecard, collecting cases addressing preemption in the context of prescription drugs.
We keep the Device Preemption Scorecard, tracking device preemption cases since Riegel.
We keep the Cross-Jurisdictional Class Action Tolling Scorecard, tracking . . . well, if you understand what those words mean,
We’ve figured out how to settle a pending case!
And we’ll share our solution at the end of this post!
Read on for the details.
In Hunt v. DePuy Orthopaedics, No. 03-900 (RWR), 2009 U.S. Dist. LEXIS 61644 (D.D.C. July 20, 2009), Martha Hunt, a citizen of Maryland, underwent hip replacement surgery with a DePuy
The fascinating, and ultimately frustrating, pair of decisions in Guinan v. A.I. duPont Hospital for Children, ___ F. Supp.2d ___, 2009 WL 307019 (E.D. Pa. Feb. 6, 2009) (“Guinan I“), and Guinan v. A.I. Dupont Hospital for Children, ___ F. Supp.2d ___, 2009 WL 311113 (E.D. Pa. Feb. 6, 2009) (“
There’s a new draft of the ALI’s Principles of Aggregate Litigation in circulation. And, like all the others, you’ll have to buy it from the ALI. Make sure you ask for Council Draft #2, or you’ll be wasting your money on a superseded version.
We’ve provided you with our views – and gripes –
Our crystal ball is usually cloudy.
Not so when the U.S. Supreme Court split four-to-four and thus affirmed Warner-Lambert v. Kent, 552 U. S. ____ (2008) , by an equally divided court. We confidently predicted that this issue would continue to percolate in the lower courts until the Supreme Court actually resolved it.
And it’s
Yo! What’s goin’ on over in Joisey?
It wasn’t too long ago that New Jersey was one of the last places you’d want to be in if you were a drug or device manufacturer – litigating product liability claims, that is. To some extent that was ironic, because quite a few of our drug (not