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There's only one thing that can lift our slushy spirits. (Okay, maybe two, if you count those charming movie scene reenactments by a guy and his boss's beagle.) That's right it's TwIqbal time. At the end of 2013 we were greeted by a jolly,
The court came to the same result applying California law in Hanhan v...Ohio Nov. 5, 2013). In Hanhan , the plaintiff was another contraceptive patch user, and like the plaintiff in Miller , she alleged a blood clot that she blamed on the product.
In Seifried , the defendant was The Hygenic Corp., the manufacturer of the resistance bands used by the plaintiff in his physical therapy sessions. Hygenic distributed the bands in bulk rolls to plaintiff's hospital. The therapists at the
Avandia directly to consumers. Id. at *5. Fortunately, like almost every court to consider the issue, this court found that DTC advertising doesn't alter the role of the physician in prescribing medications to his patients: Media dissemination of
It can powerful, and so we generally approach it with great care and from multiple angles. We meticulously develop labeling histories to establish when the label first mentioned the alleged side effect and how and where it was discussed over time.
No, we have not been drinking. Yes, we know the title of the post is jumbled. That is because the concepts of the learned intermediary doctrine, consumer protection, and class certification do not normally fit together so well. (See how we were
The problem with this reasoning, however, is that it walks right on by the lack of affirmative proximate cause evidence related to the prescribing doctor and sends the case to trial based on generic testimony that is routinely given by plaintiffs in
The Learned Intermediary Doctrine a Plaintiff with No Evidence Loses Although this seems like a simple proposition, from time to time (maybe more often than that), courts mistreat the learned intermediary doctrine. We told you about one court , for
While it may not be immediately obvious, the dismissal of pharmacy defendants from drug cases is almost always a good thing. The dismissals are often based on the learned intermediary doctrine, which says that a drug manufacturer's obligation to
Finds No Overpromotion Exception to Learned Intermediary Doctrine We have long subscribed to the notion that many of the cases we defend end up looking very like a trashy romance novel: you lied to me, you damaged me, and you abandoned me...Even when