Drug & Device Law

JANUARY 15, 2024

The court refused to apply strict liability, holding “that even if [defendants] could be shown to have ‘marketed’ the prosthesis, strict liability does not apply.” Janssen Pharmaceuticals, Inc. , 2d 439 (2005): [A]t the time this [product] was sold, it complied with all safety standards. 2d 521 (Pa. Ethicon, Inc. , 3d 709 (Pa.

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Drug & Device Law

MAY 30, 2022

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.” Plaintiff] has not identified any testimony from [the prescriber] that. . .

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

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Drug & Device Law

MARCH 16, 2023

In two of these cases, our client won summary judgment at the trial court level and an appellate court ended up creating a new cause of action to accommodate the plaintiff’s theory (and lack of helpful testimony from the prescribing physician). There was a similar endorsement in 2018. 2023 WL 2386776, *3.

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Drug & Device Law

MARCH 4, 2024

In the middle was In re Lipitor (Atorvastatin Calcium) Marketing, Sales Practices. & Plaintiffs will not be heard to argue that they “could have shored up their cases by other means had they known their expert testimony would be found inadmissible.” 49, 55 (2005). Weisgram v. Marley Co. , 440, 455-56 (2000). Fru-Con Inc. ,

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