Do You Have Coverage for Product Contamination Under Your Property Policy? by Lowenstein Sandler PC on 5/22/2012 The decision in PBM Nutritionals v. Lexington Insurance Company, No. 110669 (Va. Cir. Ct., April 20, 2012), highlights the hurdles a company must overcome when trying to obtain insurance coverage for a first-party loss...more
Conflict of Interest Kills Pain Control Advocacy Group by Patrick Malone & Associates P.C. | DC Injury... on 5/21/2012 Here's another tale of Big Pharma insinuating itself into places it doesn't belong, to the detriment of quality care and patient safety. Established to support patients with chronic pain, their families and the...more
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
We've been sued! Now what? A guide to handling business litigation by Manning Fulton & Skinner, P.A. on 5/18/2012 By William S. Cherry, III A 2010 litigation trends survey warns, “Companies Expect More Litigation.” Federal statistics indicate that the number of employees suing employers rose 35% from 2007 to 2011. A study conducted...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
Merck Funded Study Says There Is No Blood Clot Risk With NuvaRing, While BMJ Medical Journal Article Reports A 90% Increased Risk by Thomas J. Lamb on 5/16/2012 Merck Funded Study Says There Is No Blood Clot Risk With NuvaRing, While BMJ Medical Journal Article Reports A 90% Increased Risk Perhaps These Conflicting Findings As Regards Serious NuvaRing Side Effects (PE, DVT,...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