Last weekend, the Drug and Device Law Rock Climber passed through to drop off her two dogs – a four-pound Chihuahua and a chubby Pomeranian, now hirsute, who was nearly bald from a skin infection when he was rescued a year ago. These are very cute dogs who mostly get along with the Drug and
The Pennsylvania Supreme Court recently decided Walsh v. BASF Corp., ___ A.3d ___, 2020 WL 4135151 (Pa. July 21, 2020), reaffirming product identification as an essential element of product liability.
Below, the Superior Court had turned a trial court’s routine Fryebert-like exclusion ruling in a chemical exposure case into scary new precedent in
Today we’re updating our readers on new developments this month relating to three of our prior posts.
First, back in March we reported on an “Advocate’s General’s opinion” in a case before the European Court of Justice (“ECJ”). See the original post for details, but the plaintiff was asserting the radical claim that EU
Earlier this year we posted about the decision on defendant’s motion to dismiss in Crockett v. Luitpold Pharmaceuticals, Inc., 2020 WL 433367 (E.D. Pa. Jan. 28, 2020). We called it a “patchwork” decision, meaning we generally liked it but it wasn’t a seamless defense victory. Well, the court ruled on another defense motion just this
There was a time when we posted frequently about attempts to impose liability for injuries allegedly caused by the use of a generic prescription drug. Much of the attention has been directed to trying to pin liability on the company that developed the drug originally, even when the plaintiff took another company’s generic version. When
Like the rest of you, we have enjoyed streaming new video offerings as we stave off social deprivation. But, more often than not, we find ourselves resorting to our “go to” stalwarts (we have mentioned Season 5, Episode 9 of Downton Abbey), among which we choose depending on the particular chord that needs to be
This Wednesday evening marks the beginning of the Jewish holiday of Passover. In every other year, our large extended family has gathered for Seder, a ritual dinner that commemorates, with traditional foods, songs, and prayers, the exodus of the Israelites from slavery in ancient Egypt. In our family, Seder is a beloved (and occasionally raucous)
The Pennsylvania Supreme Court entered an emergency COVID-19-related order on March 24, 2020 – copy here – that should be of interest to our clients who engage in removal before service (so-called “snap removal”). As we reported at the time, the Third Circuit upheld removal before service in Encompass Insurance Co. v. Stone Mansion
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
We would be remiss (and out of character) if we plunged into a discussion of today’s case without a shout-out to “Siba,” the gorgeous black Standard Poodle who won Best in Show at last week’s Westminster Kennel Club Dog Show. Regular readers of this blog may recall that we attend Westminster every year and that