I get so many emails from so many marketing companies. Just today I got an offer to write a guest post on this blog (no), an email telling me I rank poorly in Salisbury, Maryland on the search engines (he’s wrong), and two more random emails from companies telling me…
A hospital did not breach a duty of care as a matter of law to a police officer who suffered injuries while responding to a traffic accident allegedly caused by a just-released colonoscopy patient, Massachusetts’ highest court has ruled, affirming the trial court below. The police officer responded to an…
Wyeth v. Levine!!!! Plaintiffs’ lawyers have seen drug (and medical device) injury victims take punch after punch. But in a huge win for patient safety, the Supreme Court upheld in a 6-3 ruling today that in a Vermont woman’s verdict against Wyeth for injuries she suffered after taking one of…
The Wall Street Journal has an editorial with an anti products liability lawyer spin. No surprise. But what is surprising is that I agree with it. Considering Enron and other business collapses that left stockholders holding the bag with no actual picture of the company’s financial condition, the Financial Accounting…
The Wall Street Journal has a good article online about the preemption battle that is being waged the FDA’s bureaucrats in the courts and in Congress. The last line of the article says that “Some drug companies are telling plaintiffs’ lawyers that if they settle their cases now, they won’t…
A New York Times article yesterday on the Zimmer Durom Cup’s problems underscores the post-market surveillance problem with drugs and medical devices, pointing to the Zimmer Durom Cup problems that have led to Zimmer recalling their hip replacement component. This is a Zimmer fault; they should have a system of…
Since the Supreme Court’s disaster in Riegel v. Medtronic, I have been hoping and expecting Congress would step in to fix the Supreme Court’s ruling, because it was clear from the amicus briefs submitted in Riegel, from history, and from common sense, that Congress did not intend to prevent medical…
On Wednesday, the House Committee on Oversight and Government Reform began hearings on the reversal of the Riegel v. Medtronic holding that preempted state tort claims regarding medical devices if the FDA granted the product a pre-market approval. Pharmaceutical drug manufacturers have been on a real hot streak of late…
The FDA said yesterday it is looking into an association between Merck’s allergy and asthma drug Singulair and suicide. The FDA has received reports of mood changes, suicidal ideation, and suicide in patients who have taken Singulair. Trying to get out on the front of the curve with its package…
Alexandra D. Lahav, a law professor and editor of the Mass Tort Litigation Blog, has an interesting blog post on choice of law made by the MDL Panel in cases merged for discovery where the applicable law chosen may foretell the outcome of the case. To receive certification by the…