Products Liability, Civil Remedies, Health Law

Supreme Court Denies Certiorari in MAO’s Double Damages Case

by Edward Waller | Fowler White Boggs P.A. on 5/3/2013

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...

by Sedgwick LLP on 10/4/2012

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

How the Health Care and Insurance Industries Work to Limit Your Legal Rights

by Lawyers.com on 11/22/2011

This is part two of a three-part series. The first part appeared yesterday on the Lawyers.com Blog. Washington, D.C., may seem far away, but a tort reform bill under consideration by Congress will affect you if you are...more

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

by Duane Morris LLP on 11/16/2011

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

by Duane Morris LLP on 7/26/2011

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

by Dechert LLP on 6/23/2011

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

by Dechert LLP on 5/26/2011

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

by Duane Morris LLP on 9/22/2010

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

by Regan, Zambri & Long, PLLC on 8/3/2010

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?

by Robert Kraft on 6/2/2010

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...

by Duane Morris LLP on 5/19/2010

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