Lyons v. Boehringer Ingelheim Pharmaceuticals, Inc., 2020 WL 5835125 (N.D. Ga. Sept. 29, 2020), was a wrongful death action alleging that the anticoagulant drug Pradaxa was defective and not accompanied by adequate warnings that blood plasma concentrations should be monitored and that certain patient characteristics, such as age, renal impairments, and concomitant statin

The order of operations can matter.  Back in elementary school, you may have learned a mnemonic about somebody’s aunt to help you remember the right order for doing certain math problems.  In computer programming, engineering, auto repair, surgery, and a myriad of other endeavors, you can get very different results if you take the same

The Covid-19 lockdown period is approaching the six-month mark, from mid-March to mid-September. Throughout the spring and summer we have been reading old novels with convoluted plots and surprise endings. Today we take a look at an old case, though only from a prior decade, not a prior century. If the case is convoluted, it

Long ago, when we first started representing the makers of prescription pharmaceuticals, it was said that people did not tend to sue over life-saving medications.  Contraceptives, pain medications, obesity medications, diabetes medications, psychiatric medications, and many others were fair game, even if the risk-benefit calculus for an individual patient might involve major benefits on one

Truly unique cases are, well, unique. Most cases involve variations or combinations of cases we have seen before. Sometimes you get different results between two decisions on basically the same case with a single fact different. In February, we posted on an Eastern District of Pennsylvania decision on a motion to dismiss in a case

If we were to recap briefly our reactions to the Levine decision and ten years of decisions attempting to apply it, then we might say something like this. The Court’s creation of a clear evidence standard for conflict preemption in the context of warnings claims for branded drugs was both novel and misguided. The Court