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24 Jan 2013, 11:49 am by Bexis
  Regardless, the real problem with plaintiff’s warnings case was that they relied on a single expert, our old friend, Lemuel Moye, M.D., Ph.D., to establish the inadequacy of warnings and he never articulated what different warnings as to a risk of bleeding should have said. [read post]
18 Jan 2013, 2:06 pm by Bexis
  We have to think that asbestos plaintiffs are going to have a field day with Weeks – more, perhaps, than even generic plaintiffs, since the learned intermediary rule still applies to prescription drug cases.Anyway, we could go through each of these policy considerations at length, but we’re not going to. [read post]
27 Dec 2012, 3:47 pm by Bexis
Dec. 18, 2012); Jacobsen, 2012 WL 3575293, at *9; In re Accutane Products Liability Litigation, 2012 WL 3194952, at *2-3 (M.D. [read post]
20 Dec 2012, 11:05 am by Bexis
  The plaintiff alleged that a bogus Aredia-Zometa class action, filed in Tennessee and never certified (see In re Aredia & Zometa Products Liability Litigation, 2007 WL 3012972 (M.D. [read post]
30 Nov 2012, 1:21 pm by Daniel Richardson
By Andrew DelaneyIn re Jon Porter, M.D., 2012 VT 97This case turns partially on the definition of “legally liable” and—though no one is going to say it out loud—partially on common sense.Here’s the scenario: Physician Assistant (or “PA” for short) overprescribes and perhaps diverts certain controlled substances. [read post]
30 Nov 2012, 10:06 am by Michelle Yeary
Tex. 2005) (entering Lone Pine type order requiring each plaintiff to submit specific information about his exposure to silica dust and detailed medical information concerning each alleged injury).In re 1994 Exxon Chemical Plant Fire, 2005 WL 6252312 (M.D. [read post]
29 Nov 2012, 1:23 pm by Bexis
[t]he reasoning in both the George and White cases is applicable”), aff’d, 44 F.3d 806 (9th Cir. 1995); In re TMJ Implants Products Liability Litigation, 872 F. [read post]