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. Confident learned intermediaries stand by their medical decisions. Medrano , 28 S.W.3d

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Drug & Device Law

MAY 30, 2022

The law presumes that licensed doctors know what they are doing. The prescriber’s] testimony, however, does not establish that he would have altered his prescribing conduct. Given this testimony, the plaintiffs could not “show that stronger manufacturer warnings would have altered the physician’s prescribing conduct.”

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Drug & Device Law

JUNE 13, 2022

2002), which rejected a Georgia plaintiff’s contention that a medical device manufacturer had a duty to place a warning on the product itself “that third parties should not activate the PCA pump on behalf of the patient to whom it is prescribed.” Bard, Inc. , 3d 1272 (11th Cir.

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Drug & Device Law

SEPTEMBER 9, 2022

For instance, plaintiffs in the vast majority of cases know that they will need evidence from a prescribing physician, testimony or affidavit for summary judgment and testimony for trial. 4th –, 2002 WL 3696680 (6th Cir. 2002 WL 3696680, *5. It focused squarely on the doctor. Fast forward to Thacker v.

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