The Pharma Data

NOVEMBER 11, 2020

McChesney is the founder and chief executive officer of Cloaked Therapeutics and Arbor Therapeutics, through which he has drawn on more than five decades of research in natural products chemistry to identify and develop novel cancer treatments. In 2009, he established Ironstone Separations Inc.,

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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. 662, 679 (2009).

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Drug & Device Law

JULY 24, 2023

We’ve discussed recently how a federal statute intended to allow suits against international terrorists has been misapplied as allowing suits against pharmaceutical companies. Takeda Pharmaceuticals Co. , Takeda Pharmaceutical Co. , at *6 (plaintiff “has documents and formularies reaching back to only 2009”). 3d at 1251.

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Drug & Device Law

MARCH 31, 2023

Supporting scientific articles as First Amendment-supported speech, here in 2009. Ridiculing a blatantly unconstitutional Missouri statute that sought to silence pharmacists critical of ivermectin and hydroxychloroquine as treatments for COVID-19, just yesterday. We have tried to be consistent. 2022 WL 336585 (D.

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Drug & Device Law

FEBRUARY 16, 2023

Plaintiffs claimed that “surgical treatments that do not use [bone] screws should be considered alternative designs,” and lost. The problem with this argument is that it really takes issue with the choice of treatment made by [plaintiff’s] physician, not with a specific fault of the [bone] screws sold by [the defendant]. 3d 760 (Tex.

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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. 2009), reversed a plaintiff’s verdict for entry of judgment n.o.v. Schering Corp. ,

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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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