Topic
Warnings
81 published works
Drug & Device Law
The Learned Intermediary Rule and Warning Causation
By Bexis
There are a lot of things we like about the learned intermediary rule. We’ve discussed many of them before. One aspect of the rule that we’ve touched on, but haven’t…
TortsProf Blog
Bizarre Warning Winners
Last week, Michigan Lawsuit Abuse Watch announced the winners of its 11th annual wacky warning contest. The ABA Journal coverage is here. Thanks to Alberto Bernabe of The John Marshall…
Legal Profession Blog
Year’s Most Ridiculeable Warning Labels Announced: But Does Any Top the Classic “Once used rectally, the thermometer should not be used orally”?
Posted by Alan ChildressPedantics tell me that you cannot feel nauseous, just nauseated. If so, then the word ridiculous makes no sense, or at least should mean that it describes…
Drug & Device Law
“If Only My Expert Had Treated Me”: “Reasonable” Physicians Don’t Prove Warning Causation
By Bexis
We have to admire the creativity of plaintiffs’ lawyers in learned intermediary rule cases, even while we shake our heads at their frequent departures from not just the law but…
Mass Tort Litigation Blog
Overwarning
By joetort
Ted Frank has an interesting post at Overlawyered on the social cost of excessive warning labels. A contest for wacky warning labels had turned up such gems as a washing…
TortsProf Blog
Wii Warnings!
Recall the Wii recall and the related lawsuit. Well, thanks to my brother who evidently wished to ensure that I stay up late shooting bunnies for every day of my…
TortsProf Blog
Too Few Warnings? Too Many? Just Right?
The AP has a story on the possibly negative effects of another increased set of warnings on SSRI anti-depressants.Mental health experts are worried the prospect of additional warnings about the…
TortsProf Blog
Bill Bryson on Warning Defects
Well, not exactly, but this Weekend Edition story (click on "listen") has an entertaining bit where Bryson discusses growing up in a time (the 1950s) when smoking was healthy, people…
TortsProf Blog
Perhaps the Finest Warning of the Year
I am, I admit, utterly unconvinced of the value of being able to plug a guitar into a car stereo, though that may have something to do with my playing…
Mass Tort Litigation Blog
Heart Device Warning May Change
By joetort
Article in today's Los Angeles Times -- Heart Device Warning May Change, by the Associated Press: The Food and Drug Administration is considering not using the word "recall" to…