We’ve been covering the Lone Pine Zostavax saga for a long time. See Part 1, Part 2, and Part 3. The story moved to the Third Circuit late last year and now we have its ruling. The appellate court upheld the district court’s entry of a Lone Pine order and its subsequent
Zostavax
Shingles, Vaccines, and Rule 702
We’ve discussed our Drug and Device Law Blog elder care duties before and how it has educated us about health issues faced by the senior population. Shingles is one health risk that increases as you get older. It is often described as a painful rash, but “painful rash” doesn’t really capture how bad shingles can…
Zostavax − Dredging the Dregs
When we last visited the Zostavax MDL last December, over a thousand plaintiffs, all claiming shingles as an injury, had been dismissed because none of them could produce results from the only medical test that could establish causation. We ended that post with:
The only claims left allege that Zostavax caused a hodge-podge of other injuries. But it’s safe to say the nucleus of this MDL pretty much self-destructed.
Zostavax MDL Judge Dismisses 173 Cases and Scolds Plaintiffs’ Lawyers.
As a young associate, we worked for a short time with then soon-to-be-Judge Harvey Bartle. We remember that, although kind and very funny, then-lawyer Bartle had a no-nonsense approach to law practice and a keen ability to discern the correct answer, sweeping aside fluff and obstacles en route to what made sense. We were excited…