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18 Feb 2013, 3:42 pm
As Mensing concluded, preemption is thus triggered since it would be impossible for PLIVA to comply with both the state law duty to warn and the federal law duty of sameness.Id. at *6-7.Plaintiffs next tried a “failure to update” claim – that is, that the generic manufacturer failed to meet its duty under federal law to update its label to match that of the branded manufacturer. [read post]
18 Aug 2014, 8:38 am
The infamous Conte decision only dealt with duties to warn and did “not alter the basic requirement that a plaintiff who asserts a claim for restitution under the UCL show that the defendant received the money or property that he lost. [read post]
30 May 2013, 12:58 pm
It’s another of those supposed torts (like duty to test) that’s really little more than duty to warn dressed up in different garb. [read post]
10 Mar 2015, 4:30 am
Because the jury returned a general verdict that simply found for the defendant on the two claims of (1) “Negligence – Manufacturer or Supplier – Duty to warn” and (2) “Strict Liability – Failure to Warn,” the appellate court was required to infer that the jury by its general verdict found for the defendant on every issue submitted. [read post]
14 Oct 2013, 10:22 am
As has been tried many times before, Plaintiff sought to use the fact that the manufacturer had directed educational and/or marketing materials directly to patients as a basis to bypass the duty to warn the prescribing doctor. [read post]
18 Feb 2013, 7:23 am
But a duty to disclose is also required, which only arises in certain circumstances. [read post]
2 Jul 2015, 11:18 am
O’Neill, 53 Cal. 4th 335 (2011), where it held that a manufacturer has no duty to warn of hazards in another manufacturer’s product due to “foreseeability. [read post]
19 May 2023, 8:41 am
“Under California law, failure-to-warn claims brought in products liability actions are subject to the learned intermediary doctrine, which holds that a manufacturer of prescription drugs or certain medical devices satisfies its duty to warn by providing adequate warning to the prescribing physician, rather than the patient. [read post]
25 Jul 2013, 5:00 am
This bright preemption line is summarized by the statement in Mensing: “[W]hen a party cannot satisfy its state duties without the Federal Government’s special permission and assistance, which is dependent on the exercise of judgment by a federal agency, that party cannot independently satisfy those state duties for pre-emption purposes. [read post]
15 Dec 2015, 12:25 pm
Plaintiff pointed to a decision by the Northern District of New York holding that a manufacturer’s duty to warn extends not to the plaintiff but to the plaintiff’s physician and that that duty is parallel to the federal duty to report adverse events. [read post]
31 May 2014, 6:45 am
” Regarding the governor’s general responsibility to “maintain order,” the SCOV notes that it’s not about to impose a duty to warn of and prevent misconduct so broad as to be unworkable on volunteer officers. [read post]
8 Apr 2015, 5:00 am
If the learned-intermediary doctrine applies with equal force to them, and therefore negates a duty to warn of dangers of which they were unaware, and thus creates a defense common to all the defendants, the case has to be remanded to the state court. [read post]
3 Jul 2014, 12:08 pm
The parties we represent – drug manufacturers – do not publish these things, and they generally don’t have any duty to warn patients anyway. [read post]
4 Nov 2014, 2:16 pm
Exclusion of Evidence Regarding a Duty to Warn Plaintiffs Directly. [read post]
9 Jan 2013, 4:00 am
But nothing in Oklahoma law suggests “any duty of a pharmacy to prevent a patient from, or warn a patient about, combining prescription drugs. [read post]
5 Nov 2013, 9:27 am
Defendant argued, rightfully we believe, that its warning was therefore adequate as a matter of law and that it discharged its duty by warning surgeons of these risks. [read post]
10 Nov 2014, 8:08 am
Carnival (cruise lines have duty to warn of crimes in ports of call), Johnson v. [read post]
12 Oct 2015, 9:29 am
“According to the learned intermediary doctrine, where a defendant manufactures a product which is dispensed to patients by doctors, rather than directly, the defendant has a duty to warn only the doctor, rather than the patients of any risks associated with the product’s use. [read post]
9 Dec 2013, 7:06 am
“Every claim susceptible to the learned intermediary doctrine has the chain of relationships described by the court: the duty owed by the manufacturers is to adequately warn physicians, who in turn must warn their patients. [read post]
10 Jul 2014, 5:00 am
Although the district court couched this holding in terms of a “duty to warn,” we call this a failure of warnings causation. [read post]
