Topic
Warnings
81 published works
Drug & Device Law
Drug/Device Labels are Not Required to Tell Doctors How to Practice Medicine
A few days ago we concluded the litigation strategy class we co-teach at Penn Law School. This year’s students were the best yet at understanding the importance of reducing any…
Drug & Device Law
And Now For A Word From The Grinch
By Bexis
This post is contributed by Melissa Wojtylak, of ReedSmith, one of our regular guest bloggers whom we're trying to convince to join us on a more formal basis. Take it…
Mass Tort Defense
Federal Court Offers Cogent Analysis of Warning Causation in Drug Case
By Sean Wajert
A New Jersey federal court granted summary judgment last week to a pharmaceutical defendant in a failure to warn case. See Baker et al. v. APP Pharmac
Drug & Device Law
Breaking News – Another Aredia Win
By Bexis
Another remanded Aredia/Zometa case has apparently bitten the dust. See Ingram v. Novartis Pharmaceuticals Corp., No Civ-05-913-L, slip op. (W.D. Okla. July 18, 2012). Ingram threw out all of the…
Drug & Device Law
Dear Doctor Letters As The Next Warning Frontier – Kapps Vs. Winter
By Bexis
Under the learned intermediary rule, for a warning claim to succeed, at a bare minimum the prescribing (or sometimes another) doctor at least has to read the allegedly defective warning.…
Drug & Device Law
Helpful Pain Pump Case on Comment K and Warning Causation
We wish everyone a nice Martin Luther King Day. Today not only honors a great American, it has also evolved into a day of service. That says something profound and…
Drug & Device Law
Barbecued Buckman
It's Labor Day, the unofficial end to what has been a long, hot Summer. (Shakespeare wrote that "thy eternal summer shall not fade," but this sweltering season has us saying,…
TortsProf Blog
2010 Wacky Warning Labels Finalists
From Walter Olson comes word that Bob Dorigo Jones has announced the five finalists in the 2010 Wacky Warning Labels Contest. From Jones, the finalists include: Never operate your speakerphone…
Drug & Device Law
Vanderwerf – A Cautionary Tale
By Bexis
We liked the district court summary judgment grant in Vanderwerf v. SmithKline Beecham Corp., 529 F. Supp.2d 1294 (D. Kan. 2008) a lot. It made our honorable mention list for best…
TortsProf Blog
Another Wacky Warning…
Torts professors frequently become connoisseurs, or at least aficionados, of warning labels. Knowing this, a colleague brought me the warning label in his copy of Walther P-38 Pistol by Major George C.…