It’s MLB playoff season and once again the Milwaukee Brewers are at the top of the field. They, along with the Philadelphia Phillies and the Chicago Cubs, have all secured a home-field advantage in the playoffs. That means those teams have the tactical edge of getting the final at-bat in each inning and overall. They
Today’s guest post is from Dechert’s Brooke Meadowcroft who brings us her take on an unfortunate learned intermediary ruling out of Illinois. As always, our guest posters deserve 100% of the praise (and any of blame) for their posts. Not that we expect the latter.
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The learned intermediary doctrine is the elegant legal principle
This is from the non-Dechert and non-RS portion of the Blog.
We used to post about defense wins in litigation over both branded and generic ranitidine fairly often. The MDL in the Southern District of Florida systematically knocked down all of plaintiffs’ theories based on the lack of legal support (e.g., preemption) and lack of
Yes, we are the Drug and Device Law Blog. Yes, we at times stray into other areas when we think a decision has application to our DDL world. Yes, today’s case is about a “drug” product. No, today’s case is not about a drug for humans. In fact, it really isn’t about a drug at
One good thing that occurred during the pandemic was the expansion of telehealth. Telehealth existed already and probably would have been expanding anyway, but patient willingness to get care from home instead of risking exposure from an in-person visit paired well with provider interest in not going to or even having to maintain an office.
One of the break-through moments in the first year of law school is when your Contracts professor distinguishes actionable promises from mere “puffery.” Not every statement invites reliance. You cannot take every statement by a seller literally. The concept of non actionable puffery is the law’s way of telling us to grow up, to get
We don’t see many cases involving human tissue, but medical products derived from human tissue are actually quite common. Skin replacement products, tissue-engineered cartilage, compounds for treating bone fractures and tumors. Those kinds of things. Just yesterday in our annual Ten Best/Ten Worst Cases webinar we discussed a case involving transplanted human eye tissue.
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
Lately, there seems to be an overdose of OTC (Over the Counter) drug cases. Everywhere we look, we see more and more lawsuits centered on OTC’s, both in the areas of product liability and consumer fraud. Is it because OTC litigation offers plaintiff lawyers the prospect of a huge potential plaintiff population? Is it because
Back in 2008, the United States Supreme Court held, in Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), that essentially all product liability claims against manufacturers of FDA pre-market approved (“PMA”) medical devices were preempted. After all, PMA “is in no sense an exemption from federal safety review − it is federal safety review.” Id. at 323. Thus, by a 7-2 margin the Court held, per Justice Scalia, that all state-law liability claims before it – “strict liability; breach of implied warranty; and negligence in the [product’s] design, testing, inspection, distribution, labeling, marketing, and sale,” id. at 320 – were expressly preempted:Continue Reading PMA Preemption Decision Slides to the Bottom of the “Parallel Claim” Slippery Slope