Every good mystery needs a red herring. The suspicious houseguest. The gardener with the shaky alibi. The tanning lotion sitting quietly on the bathroom counter while the actual culprit — a chiropractor-prescribed anti-inflammatory cream applied minutes before the plaintiff’s collapse
Drug & Device Law Blogging Team
The Drug & Device Law Blogging Team operates a specialized blog focused on legal issues related to prescription drugs and medical devices. The blog provides detailed analysis and commentary on product liability litigation, regulatory compliance, and court decisions affecting drug and device manufacturers. It covers topics such as multidistrict litigation (MDL), fraudulent joinder, preemption under the Food, Drug, and Cosmetic Act (FDCA), failure-to-warn claims, and class action tolling. The content is aimed at legal professionals and stakeholders interested in the intersection of healthcare products and the law, offering insights into ongoing litigation trends, regulatory challenges, and case law developments.
Website:
https://druganddevicelawblog.com
Latest from Drug & Device Law Blogging Team - Page 4
DiToto Is a Total Mess
By Bexis
Our initial inclination was not to blog about DiToto v. Nevro Corp., 2026 WL 1425041 (D. Md. May 21, 2026), given that it was an adverse, poorly reasoned trial court level decision. But then we received an updated citation indicating…
Nothing to See Here (Except the Obvious)
Here’s a pop quiz. You’re a nurse. You’ve just used an insulin pen on Patient A. Do you: (a) use the same pen on Patient B or (b) grab Patient B’s own pen? If you picked (a), please put down…
Claims Can Still Be Preempted If The Drug Is Later Withdrawn
Long ago, it seemed that large-scale drug or device litigation was usually spurred on by a recall, market withdrawal, or major labeling change describing a new risk or limiting the scope of product use. The plaintiff lawyers these days seem…
Seventh Circuit Reverses Dismissal of Zero Sugar Yogurt Consumer Deception Lawsuit after FDA Reverses its Position on What Constitutes Sugar
Franco v. Chobani, LLC, 2026 WL 2150193 (7th Cir. July 27, 2026), is a food case, not a drug or device case, but it is vital reading for anyone who litigates over products regulated by the Food and Drug Administration…
No Duty to Innovate: California Supreme Court Rejects New Negligence Theory
The California Supreme Court handed down its long-awaited decision in Gilead Tenofovir Cases yesterday, and as we hoped, the Court held that a drug manufacturer owes no duty of care when deciding whether and when to develop an allegedly safer…
Medical Monitoring and the Limits to Equity
By Bexis
We recently became aware of a legal podcast comment about the incompatibility of medical monitoring claims and the availability of equitable relief (at least in federal court) under Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S.…
702 Exclusion in the Zimmer Taper Hip MDL
By Eric Hudson
Today’s post is from the Zimmer hip prothesis MDL, which appears to be winding down and which we’ve blogged about here. It’s a Rule 702 decision that excluded a treating surgeon who offered unsupported expert opinions about an alleged…
Now THAT Is A Case Vetting Order
By Lisa Baird
News about the long‑running talc MDL has developed since, but the opinion we discuss today (In re Johnson & Johnson Talcum Powder Prods. Mktg., Sales Pracs., & Prods. Liab. Litig., 2026 U.S. Dist. LEXIS 162870, 2026 LX 335455, 2026 WL…
Tenth Circuit Holds that PREP Act Preempts Vaccine Breach of Contract Claim
Dressen v. AstraZeneca Pharmaceuticals LP, 2026 WL 2122898(10th Cir. July 23, 2026), extends to four weeks our streak of discussing favorable vaccine decisions – this time involving product liability.
In a well written, fully reasoned, reported decision, the Tenth Circuit…