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Health Products Liability

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.

Federal Right To Try Legislation – Is It Any Better – 2018 Edition

by Reed Smith on

A little more than six months ago, we reviewed then-pending federal right-to-try legislation. Since then it’s become a shiny object, capable of distracting those governing the country from more important matters. One...more

Massachusetts Creates First-In-Nation Recklessness Standard For Claims Against Brand-Name Drug Manufacturers By Users Of Generics

by Foley Hoag LLP on

In a case of first impression, the Massachusetts Supreme Judicial Court (“SJC”) held in Rafferty v. Merck & Co., No. SJC-12347 (Mar. 16, 2018), that the manufacturer of a brand-name prescription drug can be liable for...more

Brand-Name Manufacturers Could Be Liable for Generic Drug Injuries, Says Massachusetts Supreme Court

by Faegre Baker Daniels on

On March 16, 2018, Massachusetts joined a growing minority of states — California, Vermont and Illinois — recognizing innovator liability of name-brand drug manufacturers. Rafferty v. Merck & Co., Inc., SJC-12347, 2018 WL...more

Third Circuit Issues Precedential Ruling on Express Preemption for Hybrid Medical Devices

by Cozen O'Connor on

The Third Circuit has become the first U.S. Court of Appeals to address the application of the express preemption provision in the Medical Device Amendments of 1976 to hybrid medical devices. Hybrid medical devices are...more

Legal Black Holes Proliferate After Stephen Hawking’s Death – Massachusetts Allows Somewhat Limited Innovator Liability

by Reed Smith on

Stephen Hawking may have been the smartest guy in the world, even though he believed that “People who boast about their I.Q. are losers.” Hawking is best known for his work on black holes. As used in physics, a black hole...more

Will High Court Provide Clarity On 'Clear Evidence'?

by Morrison & Foerster LLP on

The U.S. Supreme Court may soon revisit one of its seminal decisions defining products liability law for pharmaceutical manufacturers. That decision — Wyeth v. Levine — addressed whether a branded manufacturer could be held...more

The Best Wisconsin Law Decision We’ve Ever Seen, Affirmed

by Reed Smith on

The district judge in the In re Zimmer Nexgen Knee Implant Products Liability Litigation MDL issued a summary judgment order in October 2016 that we called “the best Wisconsin law decision we have ever seen.” What was the...more

Mostly Favorable MIL Rulings in IVC Filters Litigation

by Reed Smith on

Here in Philadelphia, less than a week before the first day of Spring, it is sunny and calm, albeit a bit chilly. Not so last week, when we were hit with the second Nor’easter in less than a week. As much as sixteen inches...more

N.D. Illinois Dismisses Accutane Case for Lack of Personal Jurisdiction

by Reed Smith on

With a little luck on our part, by the time you read this we will be vacationing in a sunnier clime. Our beachfront cottage is an Oddjob’s hat-toss away from where Ian Fleming wrote the James Bond novels. Mind you, we are...more

Another Domino Teetering – Stream of Commerce Personal Jurisdiction after BMS

by Reed Smith on

Several decisions since the beginning of the year, and two appellate rulings in the last couple of weeks, highlight another aspect of Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) (“BMS”), that should be...more

Finding A Buckman Gem

by Reed Smith on

At times, we have given a glimpse into the sausage making that goes into our production of posts on recent interesting cases and developments. Part of the process involves standing searches for “published” (including by the...more

M.D. Florida Shoots Down All Breast Implant Claims Except for Negligent Manufacturing Defect

by Reed Smith on

Last year’s list of the Ten Worst DDL cases was remarkable because all ten decisions came from appellate courts. Yikes. And it is not as if the bad appellate decisions were spread around. Two came from our home circuit,...more

Does State Law Really Allow Tort Claims For Failure To Report To Governmental Agencies?

by Reed Smith on

Claims predicating prescription medical product liability claims on purported failure to report adverse events to the FDA – á la Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir., 2013) (en banc), Hughes v. Boston Scientific...more

“A” Is For Preemption

by Reed Smith on

The Seventh Circuit taught us recently that the letter “A” is a powerful thing. Of course, we already knew that a well-placed A can convert the ordinary (“typical”) into the extraordinary (“atypical”), the melodic (“tonal”)...more

Bad “Innovator Liability” Decision from the Central District of Illinois in Generic Fluoroquinolone Case

by Reed Smith on

We recently read a news story about a man who was imprisoned for 39 years for a crime he did not commit. The crime was grisly and resulted in the violent deaths of a 24-year-old woman and a small child, leaving a community...more

Certification to Utah Supremes on Whether Comment K Applies to Medical Devices – Part 2

by Reed Smith on

Last weekend we returned to Utah, one of the most beautiful states in the USA. Over the years we had taken in the polite delights of Salt Lake City, the powderpuff snow of Park City, and the cinematic enthusiasms of the...more

Urgent, Urgent, Urgent … Emergency: FDA Advises Companies to Issue Appropriate Product Recall Warnings

by Arnall Golden Gregory LLP on

Channeling the rock band Foreigner and its 1981 hit, “Urgent” (or the Beatles’ “Get Back” single), the Food and Drug Administration issued a draft guidance in January 2018, cautioning industry to properly warn the public...more

EDNY Lays Out Disclosure/Report Requirements for Nonretained Treating Doctor Experts

by Reed Smith on

When a drug or device case goes to trial, who is the most important witness? Let’s straightaway eliminate the plaintiff as a possible answer to that question. Based on what we’ve heard from jurors (both real and mock), when...more

More Adventures In Personal Jurisdiction - Examining The BMS “Federal Court” Caveat

by Reed Smith on

With plaintiffs desperate to find some way to continue pursuing aggravated, aggregated product liability litigation in their favorite venues after Daimler AG v. Bauman, 134 S. Ct. 746 (2014) (“Bauman”), and Bristol-Myers...more

It Should Be Obvious – An Azzarello Jury Charge Is Reversible Error In Pennsylvania After Tincher

by Reed Smith on

If you’re not interested in Pennsylvania product liability law at the moment, come back tomorrow. This particular post is not limited to (or even primarily about) prescription medical products....more

Off-Label Marketing MDL Winds Down With Some Summary Judgment

by Reed Smith on

We have written extensively on the travesty of the Neurontin trilogy and noted how the plaintiffs’ efforts to fit cases based on alleged off-label promotion of the prescription SSRIs Celexa and Lexapro into the same rubric...more

E.D. Wash. Rejects Successor Liability in Hip Implant Case

by Reed Smith on

Our first stint in a law firm was on the transactional side. Yes, it sounds crazy even to us, but we spent our first 18 months in the profession pulling all-nighters on triple-tier financings of leveraged buyouts, doing...more

Massachusetts Launches New Online Breach Reporting Form

by Murtha Cullina on

On Monday, February 5, 2018, the Massachusetts Attorney General’s Office (AGO) sent an e-mail blast regarding their new online form for businesses needing to report breaches under Chapter 93H of the Massachusetts General...more

Only You Can Prevent….

by Reed Smith on

We’ve seen the latest affirmance of largely identical verdicts in a consolidated MDL trial in Campbell v. Boston Scientific Corp., ___ F.3d ___, 2018 WL 732371 (4th Cir. Feb. 6, 2018). We’re not discussing Campbell’s merits...more

Significant New York Drug and Device 2017 Product Liability Decisions

by Harris Beach PLLC on

To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

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