Civil Remedies Health Products Liability

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Supreme Court Denies Certiorari in MAO’s Double Damages Case

On April 15, 2013, the United States Supreme Court denied a petition for certiorari brought by GlaxoSmithKline (“Glaxo”) seeking review of a Third Circuit decision in favor of Humana Medical Plan (“Humana”), as a Medicare...more

Pharmaceutical Law Update -- October 2012: Learned Intermediary Doctrine Applies to Failure-to-Warn Pharmaceutical Cases in...

An August 7, 2012 decision by the New Jersey Appellate Division overturned three judgments totaling almost $12 million in damages previously awarded against New Jersey drug manufacturer Hoffman–La Roche, Inc. for injuries...more

First Circuit Holds That Warranty Not Exclusive Remedy When Repeated Corrective Efforts Fail

According to the U.S. Court of Appeals for the First Circuit in Berkshire Medical Center, Inc. v. U.W. Marx, Inc., an owner is at some point legally entitled to run out of patience, at least where defective work is concerned....more

Pennsylvania District Court Dismisses Class Action Against Pharmaceutical Giant Johnson & Johnson

Judge Mary McLaughlin of the U.S. District Court for the Eastern District of Pennsylvania tossed a class action lawsuit last week after finding that the named plaintiffs lacked standing in In re McNeil Consumer Healthcare...more

Medicare . . . Yep It Is Still Boring

It has been several months since we last posted about Medicare and our client’s new reporting requirements. While we are sure you have enjoyed the reprieve, Medicare remains one of those boring things you need to know....more

Punitive Damages Legislation Of Interest

Thanks to the folks over at the FDA law blog for tipping us off to interesting provisions of pending legislation that emerged earlier this week from various house committees. The bill, H.R. 5, is part of the ongoing debate...more

In Stricker Case, District Court to Dismiss Medicare's Suit Seeking Reimbursement from Defendants, Insurers and Attorneys

In December 2009 in United States v. Stricker,1 the U.S. government filed suit against chemical companies, insurers and several plaintiffs' attorneys who participated in the $300 million Abernathy v. Monsanto class action...more

Glaxo to Pay $1 Billion to Children with Birth Defects from Mothers who took Paxil

Bloomberg News reported that GlaxoSmithKline P.L.C. has agreed to pay $1 billion to injured consumers to resolve more than 800 cases involving the antidepressant Paxil. The medication has been in use in the U.S. since 1992....more

Curbing Drug-Company Abuses: Are Fines Enough?

That’s the headline of a recent Time Magazine article. The question is whether relatively small fines (relative to drug company profits) are any real deterrent to continued false marketing practices. The article is a good...more

Generic Drug Manufacturers Post-ANDA Approval Duties With Reference To Labeling Changes: Viability of Federal Preemption Defense...

The U.S. Supreme Court's decision in Wyeth v. Levine, 129 S.Ct. 1187 (2009), found that plaintiffs' state-law based failure-to-warn claims were not preempted in the context of drugs manufactured by innovator manufacturers....more

Qui Tam? Now More Plaintiffs Will Qualify

An important mechanism for bringing suit against healthcare providers and pharmaceutical and medical device companies – the Qui Tam Action – has been expanded as part of the Patient Protection and Affordable Care Act (Pub. L....more

Pfizer Agrees to First Neurontin Lawsuit Settlement

Pfizer, the manufacturer of the epilepsy medication Neurontin has been involved in many claims by plaintiffs who blame the drug for creating suicidal tendencies. One such lawsuit, by a Massachusetts’ man’s survivors, has just...more

Insurance and Reinsurance Alert: Donovan v. Philip Morris

In a ground-breaking decision that has troubling implications for tort defendants and insurers alike, Massachusetts’ highest court has found that a group of plaintiffs may proceed with a suit against Philip Morris for future...more

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