We have written quite a few posts about litigation over inferior vena cava filters made by various companies. Most of those posts focused on decisions in cases pending in or remanded after a stint in one of two MDLs. Broadly speaking, those decisions involved filters intended to remain in place permanently and alleged injuries from
Texas
Eastern District of Texas Tells Plaintiff to Try Again
Food Labeling Claims Get the Boot in Texas
They say everything is bigger in Texas and when it comes to cowboy boots – they are actually correct. Built by Bob “Daddy-O” Wade in 1979, the largest cowboy boots in the world measure 35 feet tall and 33 feet long and purportedly can hold 300,000 gallons of beer. They stand in front of a…
S.D. Texas Dismisses Consortium Claim for Pre-Marital Injuries
Back by popular demand, here is the mesh case of the week: Clowe v. Ethicon, Inc., 2022 U.S. Dist. LEXIS 46387 (N.D. Texas March 16, 2022). There is a bit of same-old-same-old in this case, but there is also something new.
Let’s start by getting through the same-old. The plaintiffs (the wife suffered the…
S.D. Texas Trims Back Mesh Plaintiff Regulatory Expert Opinions
Protecting A Veterinarian’s Speech: A Model For Communications On Off-Label Use?
Way before we were lawyers, we read a good chunk of the writings of James Herriot, the nom de plume of a rural English veterinarian who chronicled his exploits in helping All Creatures Great and Small (the title of a movie and TV series about him). The veneration of his seemingly altruistic and tireless work…
W.D. Texas Dismissal of Peyronie’s Disease Claims in Johnson Case
It has been a while since we’ve written about a case delivering a one-two punch against a plaintiff suing both brand and generic drug manufacturers for alleged injuries from ingesting generic drugs. Punch One is rejection of the claims against the brand manufacturers because they did not make or sell the products at issue in…
Hospital Cannot Be Forced To Grant Privileges To Doctor Who Would Administer Ivermectin
Four times in the past several months (here, here, here, and here), we have reported on cases in which plaintiffs have sought injunctions that would compel hospitals to administer the anti-parasitic drug ivermectin to COVID-19 patients. Today we report on another such case, Texas Health Huguley, Inc. v. Jones,…
Lack of Alternative Design Thwarts Plaintiff’s Design Claims
The complaint in Robinson v. Ethicon Inc., Action No. H-20-3760 (S.D. Tex.) was filed in 2013. To put that in perspective, Amazon’s first Alexa-enabled device, the Echo, wasn’t on the market. There’s a good chance you weren’t running your phone on 4G yet. And, if you were using earbuds with your phone, you were…
Conclusory Allegations Don’t Cut It In External Pacemaker Case
As we age, we sometimes forget how things used to be. It is not just age-related deterioration of the synapses in our hippocampi. (We do question why hippocampi and hippopotamuses are the preferred plural forms these days and why more anatomic structures are not named for things like seahorses.) There is also a recency effect. …