negligent misrepresentation

Subscribe to negligent misrepresentation via RSS
Photo of Eric Hudson

We’ve been posting about decisions from In re Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation, MDL 2775, since 2018.  Its preemption ruling on defendant’s motion to dismiss made the list of ten worst decisions from 2018, and a subsequent preemption decision reflected more MDL madness.   Things improved when the court began addressing causation at summary judgment, and pretty soon cases were falling like dominoes.  Today’s decision from the MDL, Williams v. Smith & Nephew, Inc., 2024 WL 99542 (D. Md. Jan. 8, 2024), continues that positive trend.Continue Reading Another Dismissal in the Birmingham Hip MDL

Photo of Andrew Tauber

A federal court applying Florida law has refused to dismiss fraud and misrepresentation claims brought by a patient against a medical-device manufacturer, rejecting the manufacturer’s contention that such claims are categorically barred by the learned-intermediary doctrine.

It is perhaps telling that the decision, Pirlein v. Ethicon, Inc., Med. Devices Rep. ¶ 24,799 (S.D. Fla.…

Photo of Stephen McConnell

If hard cases make bad law, big cases make really bad law. No cases are bigger than product liability multidistrict litigations. Some have populations dwarfing the towns where many of you were raised. Perhaps it is the high stakes involved, or perhaps it is the judicial obsession with settling many thousands of cases ASAP, but…

Drug & Device Resources

Bexis’ Book

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.
Learn More About This Book