Topic
birth defects
149 published works
Medical Malpractice Inquirer
Heart Defects In Newborns
By Jack Sacks
Heart defects in newborns affect approximately 8 out of every 1000 births. Causes can include genetic factors, such as those found in Down’s syndrome, or factors due to the developing…
Drug & Device Law
Learned Intermediary Testimony Sinks Causation in California
Today’s case is about a very unfortunate set of circumstances. A woman who suffered from bipolar disorder and who was not trying to get pregnant did in fact become pregnant…
Napoli Shkolnik Blog
Proving Liability for Birth Defects and Birth Injuries
Prosecutors only pursue criminal charges against negligent doctors in extreme circumstances. Responsibility (liability) is very difficult to prove in criminal court. The burden of proof is beyond any reasonable doubt,…
Expert Institute Insights
GSK Secures Summary Judgment with Federal Preemption Argument in Zofran MDL
A judge recently granted summary judgment in over 420 lawsuits to drugmaker GlaxoSmithKline (GSK) in the ongoing Zofran multidistrict litigation (MDL). The case is addressing the plaintiffs’ claims that the…
Religion Clause
Poland’s Top Court Invalidates Law Permitting Abortion In Cases of Fetal Defects
Amnesty International and AP report that yesterday Poland's Constitutional Court has held unconstitutional the provision in Poland's Act on Family Planning, Human Embryo Protection, and Conditions of Legal Pregnancy Termination that permits abortion…
Napoli Shkolnik Blog
Medical Malpractice: Birth Injury and Birth Defects
Anytime a baby experiences harm during its birth, whether that harm is from birth trauma, some type of infection, or any of the other kinds of birth defects or birth-related…
Drug Injury Watch
Gilenya Birth Defects Warnings Issued By Drug Safety Regulators In Canada And Europe — But Not By FDA In The US
Gilenya Increased Risk of Major Congenital Malformations Such As Renal / Kidney And Musculoskeletal Abnormalities, Atrial Septal Defects (Posted by Tom Lamb at DrugInjuryWatch.com) On December 19, 2019…
Drug & Device Law
Tenth Circuit Finally Shuts the Door Completely on Cerveny
We’ve been posting about this case since 2016 when the district court first dismissed plaintiff’s failure to warn claim as preempted on the grounds that there was clear evidence the…
Drug & Device Law
A One-Two-Three Inning
By Bexis
With the Phillies stinking the joint out – off to their worst start since World War II – and both of Boranian’s local teams in last place, too (not as…
Drug & Device Law
Unreliable Expert Causation Evidence Ends Birth Defect Case
We have posted several times in the last few years (like here, here, here, and here) about cases alleging birth defects from maternal SSRI use during pregnancy. Perhaps because of…