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Professional Malpractice Products Liability

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N.Y. Court Holds that Manufacturer Cannot be Responsible for Medical Malpractice

by Reed Smith on

We harbor a suspicion that half the drug/device tort cases we encounter are really medical malpractice cases in search of a deeper pocket (thank you medmal damage cap statutes). We’ve said before that both Levine and Riegel...more

Shouldn’t Congress Try to Save Lives of Americans?

What kills between 250,000 and 440,000 people in the United States each year; 700 deaths per day? What is the third leading cause of death in America? Isn’t it one of the responsibilities of the US Congress to...more

Summary of California Appellate Decisions - February 2016

INSURANCE; BAD FAITH; GENUINE DISPUTE DOCTRINE - Paslay v. State Farm General Insurance Co. (2016) 248 Cal.App.4th 639 203 Cal.Rptr.3d 785 - FACTS: State Farm issued a homeowners policy to Paslay, the...more

FDA-Approved Labeling Does Not Equal Medical Standard Of Care

by Reed Smith on

We’ve been defending the ability of physicians to engage in off-label use ever since the Bone Screw litigation of the 1990s. Buckman Co. v. Plaintiffs Legal Committee, where the United States Supreme Court affirmed that...more

Lawsuits underscore need for caution with sperm banks

A reported rash of new lawsuits offers a poignant, sadly recurrent reminder: Aspiring parents who rely on commercial sperm banks for critical reproductive tissues must heed an ancient consumer prescription: caveat emptor. The...more

$70 million assessed against J&J for boy who grew breasts from Risperdal

A Tennessee teen-ager suffered such emotional distress after growing enlarged breasts as an undisclosed side-effect of an anti-psychotic medication that the drug’s maker should pay him $70 million in damages, a Philadelphia...more

JSH Reporter - Summer 2016

We are excited to announce the launch of our Summer 2016 JSH Reporter! The JSH Reporter is designed to provide information about changes in the law and how these affect a variety of industries. In this issue, you will...more

Louisiana Medmal Removals – It Ain’t Over ‘Til It’s Over

by Reed Smith on

Back in September, we reported on Flagg v. Stryker Corp., 801 F.3d 456 (5th Cir. 2015), which reversed a nearly ten-year trend in Louisiana product liability litigation recognizing diversity jurisdiction where plaintiffs...more

Mississippi Plaintiff Defeated By Improper Construction of “Amend As A Matter Of Course” Rule

by Reed Smith on

We spent the past weekend in Cleveland, visiting a dear law school friend of whom we see much too little. Cleveland deserves more press as a travel destination. It boasts beautiful architecture, (including spectacular...more

Medical Device Manufacturers as "Health Care Providers"

by Reed Smith on

We’ve read a fascinating new case out of Texas, Verticor, Ltd. v. Wood, ___ S.W.3d ___, 2015 WL 7166024, No. 03-14-00277-CV, slip op. (Tex. App. Nov. 13, 2015), posing the question whether a medical device company can be a...more

Judge Severs Transvaginal Mesh Lawsuit

In November 2011, a Maryland woman underwent surgery at Calvert Memorial Hospital in Maryland where Dr. Jeffrey Welgoss implanted her with a sling manufactured by Ethicon. The patient asserts that she continued to experience...more

Product Liability Update - October 2015

by Foley Hoag LLP on

Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

The Internet of Things and Cyber Risk

From the 2015 PLUS Cyber Liability Symposium (#PLUScyber), Kirstin Simonson of Travelers visits the PLUS Media Zone to discuss the internet of things and related, emerging risks....more

Louisiana – Long-Standing Medmal Issue Decided in Favor of Remand

by Reed Smith on

Well, that appears finally to be over, and like the “ships” (relationships) at the end of the Harry Potter series, we’re not particularly happy with the end result – as compatible as ashwinder eggs and erumpent horn, those...more

Feds Go After Websites Selling Suspect Medicine and Devices

Partnering with international regulatory and law enforcement agencies, the FDA last month put the screws to more than 1,000 websites that illegally sell potentially dangerous drugs and medical devices directly to consumers....more

Schadenfreude

by Reed Smith on

Many of the more senior among the current prescription medical product liability defense bar cut our teeth during the vaccine wars of the 1980s/1990s. Thus, we noted with grim satisfaction when the junk science progenitor of...more

ABA Hijinks – Defeat the Resolution Supporting Unlimited Punitive Damages

by Reed Smith on

Most of us are members of the American Bar Association. Some of us are more active than others. At one extreme, Bexis has been in what the ABA calls “leadership,” as editor of the Mass Torts Newsletter, for some 15 years. ...more

Law Review Articles That Caught Our Eye

by Reed Smith on

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

by BakerHostetler on

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

by Reed Smith on

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

by DLA Piper on

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

by Polsinelli on

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

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

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

by Morrison & Foerster LLP on

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

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