Here we go again. At the end of every year, we look back over the past twelve months – the highs and the lows – the thrill of victory and the agony of defeat. We always start with the agony, however, and this year’s no exception. Despite our best efforts, our side didn’t win everything everywhere. So as we’ve done for the past four years, we’re handing out lumps of coal right before Christmas, specifically the ten worst prescription medical product liability decisions of 2011. These noxious weeds seem to pop up all over. We have federal cases and state cases. We’ve been burned, of course, by hellhole jurisdictions, but also at least as much (if not necessarily as frequently) in jurisdictions that, until now, hadn’t earned that sobriquet.
Like last year, there’s still a week and a half left for courts to continue plumbing the depths. There could be a new number one before the end of the year. But, frankly, we want to get this over with before that vulture over there keels over and falls off its dung heap. The last week of the year we reserve for the fun stuff, that is to say our top ten best decisions.
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