Topic
Failure to Warn
200 published works
Drug & Device Law
California District Court Punts on Learned Intermediary Causation Post-Himes
By Susanna Moldoveanu, Adaeze Ashiedu
We posted earlier this year about the failure to warn causation decision from the California Supreme Court in Himes v. Somatics, 549 P.3d 916 (Cal. 2024), and the potential parade…
Drug & Device Law
Failure-to-Warn Claim Implicating Class II Medical Device that Received De Novo Classification Held Expressly Preempted on Facts Presented
[This post is from the non-Reed Smith side of the blog.] Today we report on Dickson v. Dexcom, Inc, 2024 WL 4291511 (W.D. La. 2024), an important medical-device preemption case…
Drug & Device Law
Has Albrecht Been Undone?
We do not mean the German Renaissance painter and thinker Albrecht Dürer. His work, while a poor cousin to that of some famous contemporaries to the south, remains as is. …
Inside Class Actions
California Supreme Court Decision Highlights Potential Class Certification Defenses for Manufacturers of Prescription Drugs & Medical Devices
By Alyssa McGraw, Andrew Soukup
A recent decision by the California Supreme Court underscores why courts should be hesitant to grant class certification in cases in which the learned intermediary doctrine applies. In Himes…
Drug & Device Law
California Supreme Court Hears Argument On Learned Intermediary Doctrine
We observed oral argument the other day before the California Supreme Court in Himes v. Somatics, a case that places California’s learned intermediary doctrine squarely in the spotlight. A learned…
Drug & Device Law
. . . Try, Try Again; But Enough is Enough
Is what the court finally had to tell plaintiff in Roshkovan v. Bristol-Myers Squibb Co., 2023 U.S. Dist. LEXIS 166742 (C.D. Cal. Sep. 19, 2023) in dismissing his second amended…
Manufacturing Industry Advisor
Seventh Circuit Finds the Duty to Warn Can Extend to Packaging Manufactured by Another Company
Can a company be found liable for failure to warn about hazards of another company’s product used in packaging for its own product? What about when the company wasn’t warned…
Drug & Device Law
This Failure-to-Warn Decision Isn’t Just Cosmetic
We defend drug and device manufacturers. Our cases involve drugs and devices. Not surprisingly, we tend to cite drug and device decisions. But there is no reason to ignore helpful…
Drug & Device Law
Med-Mal Plaintiff Expert Standard of Care Opinion Unnecessary Due to FDA Warnings
Law school taught us that design defect, manufacturing defect, and failure to warn are the big troika of product liability theories. Real life practice taught us that failure to warn…
Mass Tort Defense
Federal Court Declines to Certify, Predicts Adoption of Learned Intermediary Rule
By Sean Wajert
Better late than never. We missed last month the decision in Costa v. Johnson & Johnson, No. CV 17-452 WES, 2023 WL 2662903, at *3 (D.R.I. Mar. 28, 2023), a…