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In alleging that antibiotic use was a public health problem that FDA should regulate, the plaintiffs offered several testimonials from ostensibly affected people. The unanimous Court held that the doctor-plaintiffs in Hippocratic Medicine had not suffered direct, causal injury.
The Dearinger case in the Western District of Washington provided a lot of defense friendly blog fodder. We blogged about that decision here. Plaintiffs provided testimony from that physician suggesting that he would have changed his prescribing decision if presented with plaintiffs’ proposed warning language. Allied Mut.
We’ve blogged several times already about the Alliance for Hippocratic Medicine v. Doctors Who Perform Abortions: Their Characteristics & Patterns of Holding & Using Hospital Privileges,” 6. 19, 2021) (admitting and excluding Studnicki testimony); Whole Woman’s Health Alliance v. Studnicki J, Harrison D.J.,
I am excited to join the Drug & Device Law Blogging Team. A more fulsome discussion of the Washington Supreme Court’s answer is on the Blog. Plaintiffs had no evidence to rebut the treater’s clear testimony. For readers noticing the new byline, let me introduce myself. The best group of legal wonks there is.
2023) (remote trial testimony cannot be compelled beyond Rule 45’s 100-mile limit on subpoenas) ( here ); Carson v. This year’s Drug & Device Law Blog top ten decisions of the year reinforced preemption – the most powerful defense we can assert. They excluded bogus expert testimony under Fed. Bonta , 85 F.4th Monsanto Co. ,
It is hard to beat Bexis’s lists of the best and worst DDL cases, the latter of which graced us last week , and the former of which will adorn this blog tomorrow, for inventorying what happened and what mattered in our area of the law in 2022. But it really is folly to plan the future without learning from the past.
The Blog examined the excesses of such litigation here , here , and here , among other posts. 239, 253 (2012) (which the Blog discussed here ). The Superior Court here “credited testimony from doctors who never implanted mesh, or who did so outside the state of California.” 2020 WL 603964, at *1. Petition at 13.
Now, we’ve blogged before that a similar exception exists under many states’ common law that a warning need not tell physicians how to practice medicine in order to be “adequate.” That testimony was contrary, not only to the common-law cases discussed in our prior posts , but also flatly contradicted §801.109(c). emphasis added).
co-DDL blog founder Mark Herrmann offers all sorts of good advice. We’ve been writing for a while about cases rejecting someone’s insistence that a doctor prescribe ivermectin for Covid-19, even when that doctor (or hospital) thinks such use of ivermectin is not appropriate medical care – is, in fact, horsebleep. ?.
But the Clowe court’s handling of the failure to warn claim meets with DDL blog approval. The plaintiff lawyers had managed to extract some testimony from the prescriber that he would have read with interest any additional information about the mesh product’s complication rates. This ploy often works at doctor depositions.
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