Sometimes a case has one bright shining point floating in a sea of not-so-good ones, or a stand-out result lost among outcomes that should have gone the other way. That describes Isaac v. C.R. Bard, Inc., No. A-19-CV-895, 2021 WL 1177882 (W.D. Tex. Mar. 29, 2021), a case remanded from the Bard IVC filter
Warnings Causation
No Heeding Presumption (and No Warnings Causation) in Eastern District of Wisconsin Mesh Case
We understand the value of branching out and trying new things. Recently, a close companion prevailed upon us to try calamari (thumbs down). We signed up for a Zoom acting class during the pandemic. And we are seriously considering a “new” hair color, to take advantage of the natural phenomenon that has occurred during the…
A Mixed R&R From The Abilify MDL
Outside of the law, if you hear “R&R,” you might think of “rest and relaxation” or the original military term “rest and recuperation.” For many of us, the last year has had plenty of rest, but maybe not much true relaxation or recuperation. As in-person trials are set and the world inches toward a “return…
The Southern District of Mississippi Gets It Right in Mesh Summary Judgment Decision
It’s a good day in suburban Philadelphia. The sun is shining, the snow is melting, Covid-19 cases are down nationwide, and we just got a text from the Drug and Device Law Rock Climber heralding a weekend visit (with the Irascible Rescue Pomeranian in tow). We are enjoying a welcome (if cautious) flash of optimism. …
Failure to Read Means No “Warnings Causation” in Hip Implant Case: Summary Judgment on Warnings Claims
Great Summary Judgment Win in E.D.Pa. IVC Filter Case — with One Glitch
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…
Twiqbal Triumphs, Albeit Without Prejudice, in W.D. Texas Hernia Mesh Decision
In these strangest of times, we find ourselves seeking comfort in the familiar. Many times each day, we dial the numbers of faraway loved ones, just to hear their voices (the twenty-something Drug and Device Law Rock Climber has threatened to block our number). We gravitate toward favorite foods of our childhood (we just resorted…
More Good “Warnings Causation” News from the Taxotere MDL
We are certain that profound revelations – scientific, economic, and political – will arise from the Covid-19 crisis. For now, we comment on bits of knowledge we have gained so far. We have learned, spending 24 hours each day with our dogs, that they bark 20 hours each day. We have learned that the concept…
Warning Causation Sinks Another Generic “Failure To Update” Claim
It’s Delaware week here at the DDL Blog. A couple of days ago we brought you a particularly clear-minded order rejecting innovator liability in the First State (so nicknamed because Delaware was the first of the original 13 colonies to ratify the Constitution in 1787), and yesterday we reported on a pair of Delaware orders…