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. “This article is a valuable contribution because it simply observes the state of things, but to go a step further and say this is really bad because people aren’t doing what doctors want them to do is an opinion, not a fact,” said Bostwick, who was not part of the study.
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In unanimous decision, Supreme Court solves FDA’s ‘standing’ issue Two lower courts had articulated a Rube Goldberg-esque theory of “standing” – the right of a person or organization to sue another entity – based on the idea that doctors not prescribing mifepristone or treating patients who had taken it had experienced economic harms.
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5, 2024) serves up some nice defense nuggets applying the Washington Product Liability Act (WPLA) and refusing to let a sham affidavit create a fact issue. Plaintiffs provided testimony from that physician suggesting that he would have changed his prescribing decision if presented with plaintiffs’ proposed warning language. Allied Mut.
Doctors Who Perform Abortions: Their Characteristics & Patterns of Holding & Using Hospital Privileges,” 6. 9 (“Longitudinal” for the proposition that “adverse events from chemical abortion drugs can overwhelm the medical system and place ‘enormous pressure and stress’ on doctors during emergencies and complications”), at *14 n.22
Plaintiffs had no evidence to rebut the treater’s clear testimony. But that is the stuff of malpractice claims; it was “irrelevant” under the Washington Product Liability Act. A plaintiff may argue that his learned intermediary is not so learned, but that has no bearing on the products liability claim against the drug manufacturer.
In 2023 there seemed to be an unusually large number of other decisions that are likely to have a substantial impact on what we or our clients do, but involve either different products, non-product claims, or both. 2023) (remote trial testimony cannot be compelled beyond Rule 45’s 100-mile limit on subpoenas) ( here ); Carson v.
In re Fresenius Granuflo/Naturalyte Dialysate Products Liability Litigation , 935 F. We wrote a grand total of one post about it during that time, which collected several one-off state-law rulings, but zero preemption, expert admissibility, or core product liability issues decided. 2d 1362 (J.P.M.L Until a little while ago.
Defining “inconsistency” liberally, plaintiffs try to use sales reps to get around the learned intermediary doctrine often without much more evidence than that the sales rep visited the prescribing doctor. A step in the right direction of keeping the doctors in the foreground of the analysis. DePuy Orthopaedics, Inc.,
Class certification would be the norm, rather than a clear outlier position in prescription medical product litigation. Prescription medical product liability litigation has existed for decades. At the degree of abstraction taken in PATDC82 II , any damages class becomes certifiable. at *13 (citation omitted).
Law school taught us that design defect, manufacturing defect, and failure to warn are the big troika of product liability theories. Sometimes expert testimony bolsters the warnings story for one or both sides, but not always. The doctor prescribed Cipro for the plaintiff after a urological procedure. 2023 WL 3589654 (Ariz.
Returning from our maritime frolic and detour, today’s case, In re Zostavax (Zoster Vaccine Live) Products Liability Litigation , 2023 WL 2562981 (E.D. Surprise, surprise – doctors who routinely vaccinate patients tend to believe in vaccination. This testimony raised the flotsam and jetsam issue. This testimony falls short.
Is the product really defective? Sales representatives who detail medical providers on the virtues of products must look like a tasty steak to a ravenous plaintiff lawyer. Litigation is about the subject at hand, of course. Did it really cause the alleged injury? But litigation can also be about the litigation itself.
The assault on non-prescription products continues. Plaintiff lawyers seem to be paying more attention to over the counter and consumer products, alleging dangers from contaminants. or bolstering liability theories by taking out of context Materials Safety Data Sheets that list risks relevant for OSHA but not FDA issues.
This is the doctrine: to prevail on a failure-to-warn claim in a prescription drug or medical device case, a plaintiff must prove both that the products warnings were inadequate and that the inadequate warning proximately caused the plaintiff’s injuries. McConnell, we just presented a CLE on this topic.) at *17 (citation omitted).
30, 2020), decided an action filed by the California attorney general that had essentially converted the allegations that product liability plaintiffs had been making against the defendants’ pelvic mesh into the basis for a statewide civil action under certain California consumer protection statutes. 2020 WL 603964, at *1. and actual injury.
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