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Malarkey ? The Ten Worst Prescription Drug/Medical Device Decisions of 2023

Drug & Device Law

23, 2010) ( here ), can supersede our list, so far they’ve been thankfully uncommon. That’s significant because the labels for over 500 drugs already have such information, under a voluntary FDA program. Holley also allowed a “pre-approval” warning claim to escape preemption, largely on the same rationale. Novartis , 407 P.3d

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Another RICOdiculous Decision

Drug & Device Law

The class period is between 1999 and 2010. This time-tested type of evidence is mostly absent from the analysis in PATDC82 II – as in Neurontin , the only actual prescriber testimony belied plaintiffs’ position. at *3 (footnote omitted). We searched PATDC82 II for the word “generic” – it does not appear.

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Pro Se Plaintiff Tries and Fails To Plead Claims For Failure To Withdraw And Failure To Warn

Drug & Device Law

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). 2010) (Ohio law), and the Pennsylvania Supreme Court in Lance v. Wyeth , 619 F.3d

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The FDA and Feasible Alternative Designs

Drug & Device Law

But in prescription medical product liability litigation, products must receive FDA approval, clearance or other authorization (hereafter, collectively referred to as “approval” for short) before they can be marketed. to determine whether a proposed alternative drug would have received FDA approval.” at 237-38.

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