Professional Malpractice Products Liability

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Law Review Articles That Caught Our Eye

Maybe our motto here at DDLaw should be “we read law review articles so you don’t have to.” Here are a couple of recent ones that looked interesting to us....more

Compounding Pharmacies Protected by Medical Liability Act

In a court decision holding that a compounding pharmacy is entitled to certain protections against medical malpractice claims, the Supreme Court of Texas established a precedent that may well prove valuable to pharmacists...more

Maryland, My Maryland: Aldara Case Dismissed for Multiple Reasons

Today’s date is rich in literary history. It is the birthday of Vladimir Nabokov, one of two writers whose prose style makes us want to snap our Pilot Varsity pens in despair, so great is the gap between those authors'...more

Health Alert (Australia) - February 23, 2015

In This Issue: Judgments; Legislation; and Reports. - Excerpt from Reports: Australia. Department of Health - Media releases - 18 February 2015 - Action on Hepatitis A - Assistant Minister for Health...more

Polsinelli Podcasts - What Employers Need to Know about Mediation and Arbitration [Video]

If you own a business, chances are one day you will likely be sued by a disgruntled employee, a customer or a vendor. But the solution may not be found in the courtroom. In this week's Polsinelli Podcast, William B. Hill, Jr....more

"Damages" in an Injury Lawsuit: An Introduction for Lay People [Video]

Anyone who has survived a serious injury caused by someone else's fault wants to know what the legal system provides by way of hard dollars. In this video, attorney Alfred Clarke explains the different types of "damages" an...more

Your Deposition: What to Expect [Video]

Depositions sound intimidating to any lay person involved in a civil lawsuit. Whether the case is about a personal injury, a commercial dispute, an employment issue or any other kind of claim that winds up in civil court,...more

Ninth Circuit Offers Guidance to Defendants Seeking to Establish Removal Jurisdiction

The Supreme Court recently denied a petition for a writ of certiorari in Leite v. Crane Co., 49 F.3d 1117 (9th Cir. 2014), cert. denied, 574 U.S. ___ (2014) (No. 14-119), a case in which the Ninth Circuit established the...more

Bringing a Lawsuit to Find Out What Happened and Why [Video]

When a traumatic event has happened to someone, what is the point of seeing a lawyer? One basic reason is to answer the questions of what happened, why it happened, and whether anyone is at fault. This is particularly true...more

Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits [Video]

Injured people bringing lawsuits against whoever caused the harm need to know about "subrogation" claims. These are piggyback claims typically brought by a health insurer, seeking part of whatever the injury victim recovers...more

Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant) [Video]

Confidentiality agreements at the end of injury lawsuits are commonplace, but often are bad for the injured person, and bad for the civil justice system, in ways that lawyers sometimes don't think through. When settling a...more

Johnson & Johnson Quietly Settles Three Transvaginal Mesh Cases in Missouri

After committing to fight each of the thousands of transvaginal mesh cases it is facing, healthcare giant, Johnson and Johnson (J&J) quietly settled three mesh-injury cases in Joplin, Missouri last month. The three women had...more

Drop-down Menus: The Pitfalls of Electronic Medical Records, Part II

In an earlier blog post, I discussed the importance of time stamps and signatures in electronic medical records (EMRs). A potential pitfall in using EMRs is the prevalence of drop-down menus....more

Third Circuit Requires Affidavit of Merit in Products Liability Case Against Residential Homebuilder

In a case of first impression, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of design defect claims against a residential homebuilder under New Jersey’s Product Liability Act when the homeowner...more

Plaintiff's Rights Regarding an Independent Medical Examination

When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. More likely than not, plaintiff counsel is going to allow the plaintiff to submit to...more

Robotic Surgical Machines: Safe or Deadly?

Imagine your doctor recommends routine spleen removal surgery. When discussing your surgical options, the doctor tells you about da Vinci® - an increasingly used surgical robot. The doctor raves about the safety,...more

Why Should a Personal Injury Attorney Conduct and Asset Search

If used properly and if conducted by a reputable Asset Search Company, asset searches can be used as a valuable tool in both pre and post litigation. Often is the case when a personal injury attorney has a client with...more

The Skinny on Bank Account Searches and Why Choosing the Right Asset Search Firm is so Important

Short Answer: As an attorney who has been conducting asset searches for other attorneys for over 20 years, I am repeatedly contacted or approached by lawyers and other professionals and asked whether it is permissible for a...more

Why It Is Critical To Conduct Asset Searches Aside From Bank Account Searches

On November 12, 1999, President Clinton signed the “Financial Services Modernization Act” into law, which made conducting bank account searches by asset search companies impermissible and a federal crime as you could no...more

Your Money or Your Life: Injury Toll from Pain Injection Drugs Climbs

As more patients in Maryland, Virginia and seven other states are found with severe meningitis infections from an injected steroid pain drug, the tradeoff in how the drug got made is becoming increasingly plain. It's a new...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

OTC Drugs Bear Fewer Warnings than Their Prescription Predecessors

Generally, when a prescription drug becomes available over the counter (OTC), it’s a good thing—it’s less expensive and available more quickly. But as a recent report on MedPage Today explains, often, something gets lost in...more

The High Rate of Inappropriate Prescriptions for Seniors

Just as children require medical treatment different from that of adults, seniors have specific health-care needs as well. As we’ve noted, elderly patients are more sensitive to some drugs, less to others, can present...more

Wrongful Death

UPDATED THROUGH SEPTEMBER 4, 2012 Product Liability – Tobacco. In an action by individual class member, did the trial court err in application of finding reached by jury and affirmed by Florida Supreme Court in class...more

Young Lawyers' Recommended Reading List

A summary of four key books for young lawyers to read to assist in obtaining a better grasp on their trial advocacy skills in the courtroom. These four books will assist in defeating defense strategies and connecting with...more

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