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Drug & Device Law

The definitive source for intelligent commentary on the law that matters for drug and device product liability cases

Differential diagnosis

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Unreliable Specific Causation Opinions Take Down Valsartan Bellwether

By Eric Alexander on November 20, 2025
Photo of Eric Alexander

Back in April, we pondered whether the new judge in the Valsartan MDL would change things for the better.  In contrast to the Zantac MDL, which was established a year later and has proceeded on a very similar contamination theory, the first several years of the Valsartan MDL saw a bunch of bad rulings on…

Posted in Causation, Experts

Ninth Circuit Gets On Board With The Rule 702 Amendments

By Lisa Baird on August 21, 2025
Photo of Lisa Baird

Not that long ago (last time we posted), the Sixth Circuit issued an unpublished opinion that affirmed the exclusion of an expert (yay!) but missed the boat on the amendments to Federal Rule of Evidence 702 and its reinforcement of the expert exclusion test (boo!). 

Today, we get to tell you about a…

Posted in Experts

Differential Diagnosis At Its Worst In Vaccine Litigation

By Eric Alexander on December 9, 2021
Photo of Eric Alexander

Recently, when we have spoken of vaccine litigation, it has mostly been about challenges to public health policies requiring vaccination against COVID-19 for healthcare workers, students at public universities, etc.  We have been pleased to report that these challenges have been failing without lingering too long at the trial court level, like here, here…

Posted in Causation, Experts, Vaccines

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FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
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This blog contains the personal views of the Blogging Team (and of any authors of guest posts) concerning various topics that arise in the defense of pharmaceutical and medical device product liability litigation.

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