News & Analysis as of

Products Liability Civil Remedies Health

Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:

Innovator Liability – A Word to the Wise

by Reed Smith on

A lot of us attended the annual ACI Drug & Medical Device Litigation Conference in New York City last week. One of the messages sent loud and clear from the initial client round table panel is that our clients don’t like...more

Fourth Circuit Excludes FDA Evidence in Transvaginal Mesh Products Liability Case

by Sands Anderson PC on

In the Southern District of West Virginia, Johnson & Johnson and its subsidiary, Ethicon, Inc., were sued for defective design and failure to warn for their transvaginal mesh TVT-O, in addition to a loss of consortium claim....more

Punitive Damages Overkill: J&J Hit With Still Another Disproportionate Punitive Award In Pelvic-Mesh Litigation

As early as 1967, Judge Friendly worried about the phenomenon of punitive damages overkill in mass tort litigation. Fifty years later, the problem persists....more

FDA Off-Label Promotion Memo Should Affect §510k Preemption & Evidence

by Reed Smith on

Remember how Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), dismissed the §510k “substantially equivalence” medical device clearance as non-preemptive because it was supposedly “focused on equivalence, not safety”? Id. at...more

Lessons Emerging from Pinnacle Hip Bellwether Trials

by Cozen O'Connor on

In a staggering verdict, a Texas jury recently awarded over $1 billion against Johnson & Johnson (“J&J”) and its subsidiary DePuy Orthopaedics Inc. (“DePuy”) (collectively referred to as “Defendants”) to six California...more

A Wise Decision: Recent Lessons on Evidence in Class Actions

by Bennett Jones LLP on

Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 was a recent pre-certification summary judgment decision, which was released after the Divisional Court's decision this past summer in Dine v Biomet Inc, 2016 ONSC 4029....more

Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases

by Wilson Elser on

Courts across the country are beginning to consider the argument that the Affordable Care Act (ACA) serves as a vehicle to limit a plaintiff’s claim for future medical damages. Plaintiffs often use exaggerated life care plans...more

Fourth Circuit Upholds $1.75 Million Punitive Damages Award In Transvaginal Mesh Case

About a month ago, we reported on a Delaware trial court decision reducing a $75 million punitive award to $7.5 million in a transvaginal mesh case. Last week, in what we believe to be the first appellate decision in one of...more

Delaware Superior Court Cuts Punitive Damages In Transvaginal Mesh Case

Last week, we posted about a $10 million award of punitive damages in a product liability action against a manufacturer of hip implants.  We explained our view that the award was excessive, in part because hundreds of similar...more

The Revolution that Wasn’t: New Jersey’s Direct-To-Consumer Exception to the Learned Intermediary Doctrine

by Reed Smith on

The learned intermediary doctrine – in which a manufacturer’s duty to warn runs to the physician, not to the patient – is one of the most potent weapons in the arsenal for a pharmaceutical or medical device manufacturer faced...more

A “Too Old” OTC Product Does Not A Class Action Make

by Reed Smith on

This past weekend, we attended a fundraising 5K race organized by a friend who lives with a form of muscular dystrophy. We volunteered to photograph the event, because the usual photographer was not able to attend. And...more

Wyoming Federal Court Dismisses Hip Case for Lack of Defect

by Reed Smith on

"And what is so rare as a day in June?" How about a drug and device law opinion out of Wyoming? We do not often get the chance to discuss Wyoming products law. That is not terribly surprising, given that Wyoming is the...more

Still No Duty To Supply Drugs - In 22 States

by Reed Smith on

Since the inception of the blog we’ve taken interest in “flip side” lawsuits in which a plaintiff sues one of our manufacturer clients making allegations diametrically opposed to what we usually see in product liability...more

Toward Class Actions for Health-Related Claims in France

by Reed Smith on

Class actions – which are progressively becoming part of the legal landscape in France as “actions de groupe” – will probably soon be extended to personal injury claims against health products manufacturers, suppliers or...more

Class Action Claims: Gluing Together Systemwide Judicial Relief

by Best Best & Krieger LLP on

The award of class action certification is often the gateway for obtaining lifesaving systemwide judicial relief in broken correctional health care systems. It also can be the beginning of a decades-long, burdensome and...more

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

Medicare . . . Yep It Is Still Boring

by Dechert LLP on

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

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

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

by Bertram Amell, PLLC on

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

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

Qui Tam? Now More Plaintiffs Will Qualify

by Foley Hoag LLP on

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

by Robert Kraft on

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

by Mintz Levin on

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

23 Results
|
View per page
Page: of 1
Cybersecurity

Follow Products Liability Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.