Drug Labels Still Leave Pediatricians Playing a Guessing Game by Patrick Malone & Associates P.C. | DC Injury... on 5/18/2012 Nearly 50 years ago, Dr. Harry Shirkey coined the phrase "therapeutic orphan" to describe children who took prescription medicine. Because drug studies among a pediatric population were complicated and offered little...more
Cosmetics Can Help You Look Good But Feel Bad by Patrick Malone & Associates P.C. | DC Injury... on 5/18/2012 Beauty’s only skin deep, they say, but ugly cuts to the bone. And by “ugly” we’re talking about the potential for cosmetics to have unattractive consequences. At least that’s the thinking behind the push for more...more
Not sure what caused this one by Michael Durr on 5/17/2012 A challenging fire loss in Tennessee....more
More Nails in the Coffin of Third Party Payor Actions by Dechert LLP on 5/16/2012 In a pair of precedential opinions, the Third Circuit affirmed today the dismissal - for lack of standing- of the Intron off-label promotion RICO class action....more
Another Homework Failure By Plaintiffs by Dechert LLP on 5/16/2012 Yesterday, we blogged about a case where plaintiff failed to do even the most basic investigation to identify the product at issue before filing suit. She was hoping her case would survive with some vague pleadings in the...more
ALEC-Inspired Bills Could Bar Defective Drug Lawsuits by Lawyers.com on 5/16/2012 Every year, thousands of Americans are sickened or killed by bad prescription drugs, but a battle is brewing in several states that could take away the ability of consumers to sue drug makers based on model bills by the...more
Extent of Non-Debtor Parent Exposure Under Channeling Injunctions by Cadwalader, Wickersham & Taft LLP on 5/15/2012 Originally published in New York Law Journal - Volume 247—NO. 85, Thursday, May 3, 2012. On April 10, 2012, the U.S. Court of Appeals for the Second Circuit in In re Quigley issued an opinion adopting a narrow...more
Glitches on the Path Toward a High Quality Electronic Medical Record System by Patrick Malone & Associates P.C. | DC Injury... on 5/15/2012 Early in 2009, President Obama signed the American Recovery and Reinvestment Act (ARRA). Commonly known as the Stimulus, or Recovery Act, it was intended to juice the sluggish economy, and it reached into all corners of our...more
Product Identification Problems at the Pleading Stage by Dechert LLP on 5/14/2012 As another work-week starts, we thought we’d talk about beginnings – in particular, beginnings to adversarial contests. They almost always begin after the adversaries and the stakes have been identified. In the NHL, for...more
Innovation Can Eliminate Dependence on the PTC by Philip Totaro on 5/14/2012 What if technology existed for renewable energy which negated the need for the production tax credit (PTC)? What if this technology existed, but wasn’t being introduced to the market? Through our groundbreaking...more
Sunshine Dims with Delay on Big Pharma Payment Reports to Docs by Patrick Malone & Associates P.C. | DC Injury... on 5/14/2012 Here’s another arrow for the quiver of people exasperated with government. As part of its health-care reform, the Obama Administration proposed that drug companies be made to disclose payments they make to doctors for...more
The Pain Pump Litigation Pumps Out another Good Decision by Dechert LLP on 5/10/2012 To us, sometimes plaintiffs’ lawyers sound like Cary Grant. You know, “Duty, Duty, Duty.” (By the way, “Judy, Judy, Judy” is a famous misquote. Cary Grant never once said it in a movie. But he did say it here – at the...more
Types of Asbestos by Hissey Kientz LLP on 5/10/2012 Asbestos is a naturally-occurring mineral that is found in six different varieties, each of which can be used for different industrial or manufacturing applications. Workers who are exposed to asbestos may face an increased...more
Oh, Canada! by Dechert LLP on 5/10/2012 We’ve blogged before, occasionally, about drug/device developments north of the border. Most of these developments have involved class action practice, where Canadian law is considerably more liberal than the corresponding...more
NJ in Mainstream on Generic Preemption by Dechert LLP on 5/9/2012 We can't say much about it because of Dechert's involvement in the Reglan/metoclopramide litigation, but Judge Higbee has ruled on on generic preemption under Mensing. There are two opinions. The first, In re Reglan...more