We haven’t see too many of these. The reason for that is the gadolinium litigation is practically a textbook example of where federal law ought to preempt state-law product liability claims of all kinds—including both design defect claims and failure-to-warn claims. Just search gadolinium on the blog and you’ll find plenty of cases dismissed on the pleadings based on preemption. Given that, all we can really say about Gremo v. Bayer Corp., 2020 WL 3496917…

Drug & Device Law

Talking MDL Post-Remand Blues

By Bexis

July 6, 2020

On many occasions, we’ve remarked that in modern prescription medical product liability litigation MDLs, the main objective of both plaintiffs and their counsel is to file as many lawsuits as possible, and then to do the bare minimum possible to avoid dismissal. The idea is to run up the numbers, make the defendants spend huge sums in discovery (electronic or otherwise), prevent any real scrutiny of their own claims, let lead counsel litigate everything else…

Drug & Device Law

Taxotere Plaintiffs Taken Down By Their Own Expert — Again

By Rachel B. Weil

July 3, 2020

One recent night, three-plus months into our ongoing solitary confinement, we found ourselves laughing very hard at a classic Road Runner cartoon. We especially loved the moment when Wile E. Coyote stepped off a cliff then froze in mid-air as knowledge of his fate dawned on him. That image popped into our mind as we read today’s case, in which plaintiffs learned that the incautious testimony of their own expert was fatal to hundreds of…

Drug & Device Law

An English Lesson From An Essure Case

By Eric Alexander

July 2, 2020

Not long ago, an EPL (evil plaintiff lawyer) relayed to us that, based on reading our posts, another EPL had assumed we had a particular political view. As we laughed at the notion, we pondered the issues of assumption and incomplete information. Much like the old quip about what happens when you assume, many assumptions are not just wrong, they can be really wrong. The incidence of incorrect assumptions seems to increase with the less…

Drug & Device Law

The Second Circuit Puts the Lotion Claim in the Preemption Basket

By Stephen McConnell

July 1, 2020

Why does that last half-inch of conditioner seem to last as long as the entire rest of the bottle? This question is merely the philosophical beginning of our morning ablutions. The time is not billable. Pity. But rinse and renewal are not irrelevant to our thinking. Fresh face, fresh mind. Some of the best ideas penetrate our noggin before we head downstairs. Maybe some plaintiffs and their lawyers get their ideas over the bathroom sink.…

Drug & Device Law

Florida Court Tosses Punitive Damages Claim Pre-Trial

By Michelle Yeary

June 30, 2020

It’s a case that pre- and post-dates the IVC Filters MDL– Ocasio v. C.R. Bard, Inc., 2020 WL 3288026 (M.D. Fla. Jun. 18, 2020). In fact, this case got through summary judgment and Daubert rulings in Florida before being transferred to the MDL in Arizona in 2015. Upon its return to Florida, only two substantive claims remained – negligence and strict liability design defect. Id. at *1. Those and a claim for punitive damages. In…

Drug & Device Law

Updates x3

By Bexis

June 29, 2020

Today we’re updating our readers on new developments this month relating to three of our prior posts. First, back in March we reported on an “Advocate’s General’s opinion” in a case before the European Court of Justice (“ECJ”). See the original post for details, but the plaintiff was asserting the radical claim that EU principles of “non-discrimination” meant that, once any member state adopted a rule that expanded liability, all other member states had to…

Drug & Device Law

Plain Meaning Governs Snap Removals in Seventh Circuit

By Steven Boranian

June 26, 2020

We have always puzzled over why pre-service removals are the least bit controversial. We are referring to what are known as “snap removals,” or removals to federal court before any forum defendant has been served. They are one way to comply with the removal statute’s forum defendant rule. It’s pretty simple: Even when you have complete diversity of citizenship and the amount in controversy exceeds the jurisdictional minimum, you still cannot remove a case to…

Drug & Device Law

Guest Post – E-Gads, Once Again Preemption Prevails In Gadolinium Contrast Litigation

By Bexis

June 25, 2020

Here’s another guest post by Reed Smith’s Dean Balaes. This one looks into a major (but not too recent) post-Albrecht drug preemption case. Can’t have too many of those! As always, our guest posters deserve all the credit (and any blame) for their writings. ********** There is no hiding the fact that federal preemption is a sword that cuts deeply into the other side of the “v.”’s mass tort business prospects. In the context…

Drug & Device Law

Maryland Federal Court Holds Breast Implant Claims Preempted

By Stephen McConnell

June 24, 2020

This week we are pleased to report on yet another breast implant case in which a plaintiff’s effort to circumvent preemption failed. In Diodato v. Mentor Workdwide LLC, 2020 WL 3402296 (D. Md. June 19, 2020), the plaintiff brought manufacturing defect, breach of warranty, and failure to warn claims that were typically skimpy in terms of laying out what federal law/regulation/specification the defendant allegedly violated. The plaintiff had breast implants placed in 2014, experienced some…

Drug & Device Law

The definitive source for intelligent commentary on the law that matters for drug and device cases

Blog Authors

E-Gads – A Bad Gadolinium Preemption Case

Talking MDL Post-Remand Blues

Taxotere Plaintiffs Taken Down By Their Own Expert — Again

An English Lesson From An Essure Case

The Second Circuit Puts the Lotion Claim in the Preemption Basket

Florida Court Tosses Punitive Damages Claim Pre-Trial

Updates x3

Plain Meaning Governs Snap Removals in Seventh Circuit

Guest Post – E-Gads, Once Again Preemption Prevails In Gadolinium Contrast Litigation

Maryland Federal Court Holds Breast Implant Claims Preempted

Stay Connected

Company

Support

New to the Network