Drug & Device Law

DECEMBER 4, 2023

Abuse of substantive law as a weapon to force settlement occurs so frequently in multidistrict litigation (“MDL”), that we’ve given it a name – “the MDL treatment.” The linchpin of the MDL treatment is that plaintiffs are allowed to take way more liberties with state law than the Erie doctrine allows. 341 (2001). 3d 78, 92 n.7

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Drug & Device Law

SEPTEMBER 11, 2023

341 (2001), is so important. They “must participate in the medical treatment that facilitates” something they don’t like. “[T]reating The Doctors therefore sustain a concrete injury when they are forced to divert time and resources away from their regular patients. That’s why Buckman Co. Plaintiffs Legal Committee , 531 U.S.

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Drug & Device Law

AUGUST 28, 2023

341 (2001), is so important. They “must participate in the medical treatment that facilitates” something they don’t like. “[T]reating The Doctors therefore sustain a concrete injury when they are forced to divert time and resources away from their regular patients. That’s why Buckman Co. Plaintiffs Legal Committee , 531 U.S.

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Drug & Device Law

AUGUST 11, 2023

We were schooled by a wound care physician that hydrogen peroxide is best used as a first aid treatment when a cut or scrape initially happens—but not over time as the wound heals, because it might impede the growth of new skin cells. We’re not doctors, we just play them on TV.) At least that was our take-away.

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Drug & Device Law

JULY 24, 2023

341 (2001). Yet what the plaintiffs were claiming is that, despite Actos’ undisputed effectiveness as a diabetes treatment, no TPP in the country would have purchased it for that purpose because of the 3/10,000 bladder cancer increased risk. Plaintiffs Legal Committee , 531 U.S. You can see where this is going. PATDC82 I , 943 F.3d

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Drug & Device Law

DECEMBER 9, 2022

And the court agreed, finding that “the undisputed facts reflected that [the doctor] testified she read the IFU, relied on the warnings provided by [the defendant], believed she had a comprehensive informed consent process, and would have passed on a warning about the risk of severe and chronic pain to patients. 2001), aff’d sub nom.

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Drug & Device Law

JUNE 6, 2022

Thus a confident learned intermediary’s testimony will defeat causation as a matter of law by stating that, notwithstanding a poor result, the treatment provided was standard of care, and even in hindsight they would not do anything different. 2001) (no causation where medical personnel “had no alternative other than to use the. . .

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Drug & Device Law

MAY 30, 2022

The law presumes that licensed doctors know what they are doing. 1978), where a hypertensive patient was injured after being injected with the defendant’s drug – despite warnings that “expressly directed the doctor administering the drug to refrain from giving it to a patient with hypertension.” at *3 (emphasis original).

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