The class action lawyers must be getting desperate, if Reeves v. Pharmajet, Inc., 2012 WL 380186 (N.D. Ohio Feb. 3, 2012), is any indication. In one fell swoop, this plaintiff sought: (1) to take over enforcement of the Food, Drug and Cosmetic Act (“FDCA”) from the FDA, and (2) turn product liability into a
Litigated a prescription drug product liability case in Ohio lately? Say in, oh … the last quarter century or so?
If you have, then you’ve run into our old friend the heeding presumption. In the very first prescription drug product liability case that the Ohio Supreme Court ever encountered, it adopted a “presumption” that a
We’ve lost our senses! We’ve forgotten about drug and device law!
But a court has just addressed another one of Herrmann’s old interests, and he can’t resist. (Beck played no role in drafting this post; don’t blame him for this one.)
Ohio has no state court analogue to Federal Rule of Appellate Procedure 35, which
This post is the work of Bexis alone; Herrmann had to stay on the sidelines today:
“We grow too soon old and too late schmart.”
That’s what the Pennsylvania Dutch say, and now that seems to be the story of the fen-phen litigation. After a fifteen-year run that produced billions of dollars in settlements, a
On Thursday, we noted that the Ohio Supreme Court had upheld two tort reform provisions in Arbino v. Johnson & Johnson, 2007-Ohio-6948. We also said that we’d be back after we had a chance to read the decision.
We’re back.
You know what’s odd? Arbino is plainly an important case: It’s the most recent
In Arbino v. Johnson & Johnson, 2007-Ohio-6948, the Ohio Supreme Court today upheld constitutional challenges to Ohio Revised Code Secs. 2315.18 and 2315.21, tort reform statutes capping noneconomic damages and punitive damages in tort actions.
Here’s a link to the opinion.
We may post more, but we make no promises. It is, after all,
We generally stick to the product liability side of drug and device law, but occasionally we slip over to the medical malpractice side.
One half of your dynamic blogging duo recently represented an obstetrician and health clinic in an appeal from the largest medical malpractice verdict in the history of the State of Ohio —