Drug & Device Law

MARCH 4, 2024

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.” His inability to produce admissible expert testimony is due to his own actions, namely the failure of his proposed experts to test their alternatives. Weisgram v.

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Drug & Device Law

FEBRUARY 11, 2024

Another of our posts quoted similar concerns raised by our clients in the pharmaceutical industry as the matter was being successfully appealed to the United States Supreme Court: The Fifth Circuit’s ruling threatens to stifle pharmaceutical innovation by disrupting industry’s reasonable investment-backed expectations. Longbons T.,

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Drug & Device Law

JANUARY 5, 2024

I am Susanna Moldoveanu , and I practice with Butler Snow LLP’s Pharmaceutical, Medical Device and Healthcare group. A prior opinion in this case earned the top spot on the Blog’s Ten Best Prescription Drug/Medical Device Decisions of 2022. Plaintiffs had no evidence to rebut the treater’s clear testimony. Eli Lilly & Co.,

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Drug & Device Law

DECEMBER 29, 2023

2023) (remote trial testimony cannot be compelled beyond Rule 45’s 100-mile limit on subpoenas) ( here ); Carson v. 2023) (HHS cannot force pharmaceutical manufacturers to sell unlimited amounts of prescription drugs at a discount) ( here ). They excluded bogus expert testimony under Fed. Bonta , 85 F.4th 4th 1263 (9th Cir.

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Drug & Device Law

DECEMBER 26, 2023

Testimony by expert witnesses. First, the Committee found it necessary to “emphasize” both the court’s role and the burden of proof. “[E]xpert testimony may not be admitted unless the proponent demonstrates to the court that it is more likely than not that the proffered testimony meets the admissibility requirements set forth in the rule.”

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Drug & Device Law

DECEMBER 21, 2023

There’s no science to back any of the allegations up – as demonstrated by the masterful (and even longer) take down of nearly identical substantive allegations in the Zantac ( 2022+4 ) MDL. Takeda Pharmaceutical Co. , Luitpold Pharmaceuticals, Inc. Geri-Care Pharmaceuticals Corp. , 3d , 2023 WL 4191651 (C.D. Crockett v.

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Drug & Device Law

AUGUST 2, 2023

It had filed an amicus brief with the Second Circuit and its post-decision press release headline was “In WLF Success, Second Circuit Affirms Exclusion of an unreliable Causation Evidence in Pharmaceutical Case.” And in our Best of 2022 wrap-up, we said we were eagerly awaiting the outcome of the Daniels-Feasel decision.

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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. , 2022) (many other cases recognize this problem with class actions). 3d 1243 (9th Cir.

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Drug & Device Law

JUNE 1, 2023

We think that they can, and for a state (like Pennsylvania and a number of others) that still follows the “ Frye ” standard looking to the “general acceptance” of expert testimony as the touchstone to admissibility, a Rule 702 state-law equivalent might look something like this: Rule 702. E.g. , Walsh v. BASF Corp. , 3d 446, 461 (Pa.

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Drug & Device Law

MARCH 7, 2023

Luitpold Pharmaceuticals, Inc. Specifically, the court’s analysis started with the false premise that “[w]hen reliability questions go to the weight of an expert’s proposed testimony rather than admissibility.” of Pennsylvania , 2022 WL 2467080, at *1 (E.D. In Crockett v. LEXIS 29923 (E.D.PA LEXIS 29923 (E.D.PA

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Drug & Device Law

FEBRUARY 20, 2023

The court in Wolfe refused to impose a negligence duty on the defendant pharmaceutical company to develop and obtain FDA approval of the plaintiff’s non-FDA-approved alternative. 3d , 2022 WL 6225596 (S.D. 7, 2022), which addressed the same question in the context of the admissibility of expert testimony. Ethicon, Inc. ,

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Drug & Device Law

DECEMBER 27, 2022

3d , 2022 WL 17480906 (S.D. 2022 WL 17480906, at *1. 2022 WL 17480906, at *2 (emphasis added). 2022 WL 17480906, at *7. Zantac , 2022 WL 17480906, at *14 (citation omitted). “The Zantac , 2022 WL 17480906, at *3 (footnote omitted). 702, and summary judgment entered. Lab Rats – Or at Least A Ratty Lab.

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Drug & Device Law

OCTOBER 14, 2022

Johnson & Johnson , 2022 WL 5109167 (W.D. 15, 2022) is a pelvic mesh case, remanded to the Western District of Pennsylvania from the mesh MDL. Cohen , 2022 WL 5109167 at *15 (internal punctuation and citation omitted.) In this case, the plaintiffs did not depose the surgeon who implanted the plaintiff’s mesh device.

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Drug & Device Law

JULY 25, 2022

2022 WL 2806390 (D. July 18, 2022), including the ultimate result. Cantrell , 2022 WL 2806390 at *1. B]ecause the opinions in [the expert’s] report pertain only to transvaginal implantation, [the] testimony would be unhelpful to a jury. Accordingly the court grants [the] motion to exclude [the expert’s] testimony.”

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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

MAY 30, 2022

Somatics, LLC , 2022 WL 989469 (9th Cir. April 1, 2022) (the companion case to this ). The prescriber’s] testimony, however, does not establish that he would have altered his prescribing conduct. Plaintiff] has not identified any testimony from [the prescriber] that. . . Bayer HealthCare Pharmaceuticals, Inc. ,

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Drug & Device Law

APRIL 18, 2022

2022 WL 1016686 (Wis. April 5, 2022) (per curiam). The surgeon’s testimony supported two grounds for non-causation: lack of reliance, and that a warning would not have changed how the prescription product was used. Rennick , 2022 WL 1016686, at *4 (no citations omitted). 2022 WL 1016686, at *4. See Rennick v.

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Drug & Device Law

MARCH 28, 2022

2022 WL 614919 (S.D. March 2, 2022), the court held that the expert “cannot take the final step of opining that the product was ‘misbranded’ or ‘adulterated,’ as these are impermissible legal conclusions.” Ohio Aug. Ferring Pharmaceuticals, Inc. In Robinson v. Ethicon, Inc. So we ran a search. High on the list was Tsao v.

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Drug & Device Law

FEBRUARY 25, 2022

We continue to believe that PLAC membership helps pharmaceutical and medical device defendants litigate stronger (through inter-industry cooperation on shared issues of concern), smarter (through cutting edge CLE and webinars), and more efficiently (utilizing PLAC’s online knowledge base and other resources). Janssen Pharmaceuticals, Inc.

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