There are some basic rules for medical product liability litigation, at least as we—and the vast majority of courts—see it. One is that the manufacturer of the medical product that the plaintiff used and allegedly injured her is typically the right defendant. Part of what a potential plaintiff is supposed to do during the statute
It is starting to feel like spring. For those with a poetic or philosophical bent, spring may bring thoughts of renewal and the cyclical rhythms of the planet, among other things. For those interested in more practical things, perhaps the need to do a spring cleaning or plan for some plantings outside. Clutter does have
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
A little over a month ago, we blogged about the Pennsylvania Superior Court (the Commonwealth’s general intermediate appellate court deciding a test case, Zitney v. Wyeth LLC, 2020 WL 6129173 (Pa. Super. Oct. 19, 2020), that held, as a matter of first impression, that there was no separate duty for a prescription medical product
We have expressed our opinion on “failure to update” claims and have not hidden that we don’t think much of them. Failure to update claims were manufactured by plaintiffs in response to PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011) and Mutual Pharm. Co. v. Bartlett, 570 U.S. 472 (2013) which basically
In a significant, albeit unpublished, decision, an intermediate appellate court in Pennsylvania has ruled that there is no recognized Pennsylvania common-law “duty” for prescription medical product manufacturers to send Dear Healthcare Provider (“DHCP”, a/k/a “Dear Doctor”) letters about label changes. Zitney v. Wyeth LLC, 2020 WL 6129173 (Pa. Super. Oct. 19, 2020).
Zitney arose
Nope, we didn’t bury the lead. Today we are talking about a generic, negligence per se, warnings case that wasn’t decided on preemption grounds. No Mensing. No Buckman. No preemption of any kind. Normally that would make us a little nervous, but no need. It was the learned intermediary doctrine’s day to be
It seems so obvious as not to require a citation – but this is the Drug and Device Law Blog, so we’ll provide some anyway.
Furnishing an adequate warning satisfies a product manufacturer’s duty to warn.
Thus, in a prescription medical product case, “if the manufacturer provides complete, accurate, and appropriate warnings about the product
This post comes from the non-Reed Smith side of the blog.
The phrase may be biblical in origin, coming from the story of Cain and Abel, but its meaning certainly persists and has relevance today. Being both a sibling and a parent of siblings, this blogger doesn’t want to give the impression that her family
We all know that absent extraordinary circumstances, failure to warn claims against generic drug manufacturers are preempted under PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011). But as far as we are aware, no other court has been asked to decide whether that same preemption applies to cross-claims for contribution or indemnity. Until now.