Topic
Failure to Warn
200 published works
Drug & Device Law
Guest post – South Carolina and the Learned Intermediary Doctrine: In the Red Zone, But Not Over the Goal Line
By Bexis
A couple of months ago we were sufficiently impressed by a guest post we received concerning Iowa and the learned intermediary rule.that we invited counsel familiar with the other states…
Searcy Law Blog
Brand-Name Zantac Makers Must Face Class of “Medical Monitoring” Plaintiffs
By Searcy Law
In early October of this year, the brand name makers of Zantac lost a major court ruling in the federal multidistrict litigation (MDL). The judge overseeing the matter, Judge Robin…
Drug & Device Law
Georgia Statute of Repose Knocks Out Failure to Warn Case
We aren’t going to beat around the bush today – the facts of Paulsen v. Abbott Laboratories, 2021 WL 4439408 (N.D. Ill. Sept. 28, 2021) are straightforward and so too…
Drug & Device Law
As Dies the Prescriber, So Dies the Failure-to-Warn Claim
We write on a lovely Sunday afternoon, much of which was devoted to trying to figure out what the oldest of the Drug and Device Law Little Rescue Dogs would…
Drug & Device Law
FDA Reporting and Consumer Protection Issues Certified to Connecticut Supreme Court
By Bexis
As we discussed in our recent 50-state survey on failure-to-report claims, plaintiff-side allegations seeking to predicate “warning” liability on a defendant’s allegedly failing to comply with FDCA adverse event reporting…
Drug & Device Law
Defendant Wins Summary Judgment Battle in Louisiana
We’ve used the term one-two punch to refer to a couple different situations – Daubert wins followed by the grant of summary judgment; Mensing preemption for generic manufacturers and no…
Drug & Device Law
M.D. Tennessee Excludes IVC Post-Sale Evidence
It is time for our quarterly report on doings in the Nolen IVC case in the Middle District of Tennessee. Last April, we discussed a decision in the Nolen case…
Drug & Device Law
Illinois Appellate Court Affirms Summary Judgment on Failure-to-Warn and “Voluntary Undertaking” Claims in Programmable Pump Case
Before we turn to today’s case, a quick update: when last we spoke, we were about to board a plane for Peoria – our first work trip in sixteen months. …
Drug & Device Law
If It Walks and Talks Like a Duck . . .
This post is from the non-Reed Smith side of the blog. Shouldn’t you call it a duck? Apparently not in New Jersey. Primarily because New Jersey is still governed by…
Drug & Device Law
Second Circuit Affirms Dismissal of Dozens of Amiodarone Cases as Implausible
A little over a year ago, the Southern District of New York dismissed a multi-plaintiff amiodarone suit primarily on the grounds of preemption. We discussed the decision in our post…