News & Analysis as of

Learned Intermediary

Second Circuit Affirms Summary Judgment in Hip Repair Product Liability Action

by Harris Beach PLLC on

Harris Beach attorneys Judi Abbott Curry, Victoria A. Graffeo and Marina Plotkin prevailed on plaintiffs’ appeal to the Second Circuit of product liability failure to warn claims against Pioneer Surgical Technology, Inc. and...more

Learned Intermediary Doctrine Bar’s Plaintiff’s Discovery of Direct-to-Consumer Advertising in Ambien Case in District of Nevada

by Reed Smith on

We are back in the trenches today after spending a wonderful day in New York with our lifelong best friend, in yet another of the blissfully endless celebrations of the milestone birthday we marked in December. We saw “The...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

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

The Lows - Mourning the Worst Prescription Drug/Medical Device Decisions of 2017

by Reed Smith on

The second most successful college basketball coach of all time (in terms of NCAA Division 1 national championships) has said “All of life is peaks and valleys. Don’t let the peaks get too high and the valleys too low.” ...more

How Not To Create an “Exception” to the Learned Intermediary Rule

by Reed Smith on

We’ve heard more about the constitutional “emoluments clause,” Art 1 §9, clause 8, this year than during the entire rest of our legal careers. But while it’s illegal for anybody working for the U.S. government to accept...more

Artificial Intelligence and Learned Intermediaries

by Reed Smith on

In the July 7, 2017, “Artificial Intelligence” issue of Science, we were intrigued by a short piece in the “Insights” section on “Artificial Intelligence in Research” that discussed the future use of autonomous robots in...more

Product Liability Update: April 2017

by Foley Hoag LLP on

Massachusetts Federal Court In Prescription Drug Case Holds “Learned Intermediary” Rule Requiring Warnings Only To Prescribing Physician Applied Even Though Patient and Caregiver Were Physicians, But Experts’ Affidavits of...more

Non-Physician Learned Intermediaries

by Reed Smith on

One of us was asked a question the other day that we couldn’t answer immediately. “Does the learned intermediary rule apply to a physician’s assistant?” We didn’t remember any cases actually deciding that issue. So we did...more

Hip Case Breaks the Right Way in New York

by Reed Smith on

A recent case in the Southern District of New York debunks two myths that we see all the time. Myth number one: A medical device is defective if it fails. Myth number two: A plaintiff can prove causation on a...more

Guest Post – Failure to Warn Claim Dead on Arrival Without Testimony from Prescribing Physician

by Reed Smith on

This is a guest post from Michael Salimbene, an associate at Reed Smith. It’s about learned intermediary causation, and the need for prescriber testimony. Not infrequently, in mass torts with lots of solicited plaintiffs,...more

The Peaks – The Ten Best Prescription Drug/Medical Device Decisions of 2016

by Reed Smith on

Today we’re going peak bagging – no, not to the Canadian Rockies or Patagonia (we leave that to Bexis) – for the high points in this year’s drug/medical device product liability jurisprudence. Last week, we visited the...more

Oklahoma Becomes the Latest State To Apply Learned Intermediary Principles To Pharmacies

by Reed Smith on

Our learned intermediary rule “head count” lists Oklahoma as solidly in support of the doctrine: Oklahoma: Edwards v. Basel Pharmaceuticals, 933 P.2d 298, 300-01 (Okla. 1997); Tansy v. Dacomed Corp., 890 P.2d 881, 886...more

Probably the Best Wisconsin Law Decision We’ve Ever Seen

by Reed Smith on

Bexis, who took some lumps in probably the worst Wisconsin product liability decision ever (he filed PLAC’s amicus brief in Thomas v. Mallett, 701 N.W.2d 523 (Wis. 2005)), just read what we believe is the best Wisconsin law...more

Warning Causation Potpourri in New Jersey Mass Tort

by Reed Smith on

Over the last couple of years, the Accutane mass tort in New Jersey state court has become the gift that keeps on giving. The latest installment is a two-fer: In re Accutane Litigation, 2016 WL 5958374 (New Jersey Super....more

The Learned Intermediary Rule in Consumer Protection Claims

by Reed Smith on

We recently posted about a new California decision that was notable, in part, because it applied the learned intermediary rule to often-asserted (and equally often abused) California consumer protection statutes. See Andren...more

Defendant Did Not “Fail to Warn” Where It Warned of Exactly What Happened to the Plaintiff’s Artificial Hip

by Reed Smith on

We (in its blog-specific singular version) are longstanding country music fans. There is backstory – call us when you are in Philadelphia and we will tell you about it over coffee. Suffice it to say that Nashville, the Grand...more

A Banner Week For Buckman Preemption

by Reed Smith on

There used to be a TV show called “That Was the Week That Was.” It was a satirical look at the news of the prior week, but perhaps it’s most lasting accomplishment was to launch David Frost’s career. Without an ounce of...more

Environmental Litigation and Toxic Torts Update – Mountain West Coast Case Law Highlights

COLORADO CITY FRACKING BANS PREEMPTED BY STATE LAW - City of Longmont v. Colo. Oil and Gas Ass’n, 369 P.3d 573 (Colo. 2016), 2016 Colo. LEXIS 442; City of Fort Collins v. Colo. Oil and Gas Ass’n, 369 P.3d 586 (Colo....more

Two Favorable Tysabri Rulings Add Clarity to “Clear Evidence” Preemption Standard – and More

by Reed Smith on

Anyone who has checked our post-Levine innovator drug & vaccine cheat sheet lately has no doubt noticed our two most recent entries, Gentile v. Biogen Idec, Inc., 2016 WL 4128159 (Mass. Super. July 25, 2016), and Christison...more

Pro Te: Solutio - Vol. 8 No. 5

by Butler Snow LLP on

The Spring 2016 issue of Pro Te Solutio deals head-on with issues that are driving litigation in this modern era. And as it is with many issues, there are two sides to every story. The first topic we wrangle involves the...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

New Jersey Mesh Summary Judgment Hat Trick

by Reed Smith on

We’re pleased to report that good things continue to happen in Atlantic County product liability proceedings following recent judicial turnover. On February 19, 2016, the Reed Smith Bard/Davol defense team scored a hat trick...more

$11 Million Verdict Against Gynecare Prolift Pelvic Floor Repair System Under Appeal

Ethicon Women’s Health & Urology, maker of the Gynecare Prolift Pelvic Floor Repair System, is appealing an $11 million verdict awarded to a South Dakota women injured by the defective mesh implant....more

The Renaissance of the Learned Intermediary Rule

by Reed Smith on

Our recent “breaking news” post on West Virginia’s statutory restoration of the learned intermediary rule started us thinking about how every state now has pro-learned intermediary precedent. That’s a big change even from...more

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