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6 Mar 2013, 4:30 am
We’d criticize the reasoning, but we’re not sure “reasoning” is quite the right characterization when the court relies on Wisconsin authority holding that “[i]mplicit in the duty to warn is the duty to warn with a degree of intensity that would cause a reasonable man to exercise for his own safety the caution commensurate with the potential danger. [read post]
4 Mar 2013, 2:00 am
An amicus brief by Pacific Legal Foundation alerted me to an interesting case in the Maryland appellate courts. [read post]
1 Mar 2013, 2:30 pm
“Pennsylvania is where [drug] was manufactured, where the decisions surrounding the language of warnings on the label were made, where the research on the product was conducted, and where the principal personnel [listing 11 individuals]involved either resided or worked. [read post]
28 Feb 2013, 8:10 am
See also Id. at 6 (quoting Richards, 527 P.2d at 1077, for the proposition that “[o]rdinarily the manufacturer’s duty to warn of the dangers of prescription drugs is to the attending physician, not the patient”).Thus the Rimbert aberration is now even further on the way to extinction. [read post]
26 Feb 2013, 8:30 am
As Marty Schwimmer points out on his blog, this raises the interesting question of whether the defendants' counsel has a duty to warn its opponent, or whether they can let their adversary shoot themselves in the foot. [read post]
Tennessee Court of Appeals Held Owner of Parking Lot Owed No Duty of Care to Trip and Fall Plaintiff
19 Feb 2013, 8:20 am
Business and property owners in Nashville have a duty to keep their facilities in a reasonably safe condition and to warn visitors of any dangerous hazards. [read post]
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 Feb 2013, 7:23 am
But a duty to disclose is also required, which only arises in certain circumstances. [read post]
14 Feb 2013, 11:47 am
In Pain Pump we’ve seen duty to test, post-sale duty to warn, off-label promotion, and “no good deed goes unpunished” FDA-related allegations that amount to private FDCA enforcement. [read post]
10 Feb 2013, 10:27 pm
In June 2012, Texas joined 35 other states in holding that a sufficient warning to a treating doctor (the "learned intermediary") satisfies a manufacturer's duty to warn in product liability cases involving medicine and medical devices. [read post]
9 Feb 2013, 4:47 am
That the plaintiff failed to prove Exxon had a duty to warn because it wasn't proven that Exxon knew about the danger - only that it should have known. [read post]
4 Feb 2013, 2:07 pm
The plaintiff’s failure to warn claim would fail if the manufacturers satisfied their duty to warn or there was no proximate cause – say, because the doctor knew of the risk: The learned intermediary doctrine is a corollary to the rule that a manufacturer of prescription drugs or products discharges its duty to warn by providing the physician with information about risks associated with those products. . . . [read post]
22 Jan 2013, 8:38 am
The Florida Court of Appeals previously held that a pharmacist has the duty to warn "customers of the risks inherent in filling repeated and unreasonable prescriptions with potentially fatal consequences". [read post]
18 Jan 2013, 2:06 pm
There are lots of situations in which products bear similar warnings. [read post]
17 Jan 2013, 1:43 pm
” Assuming that a duty to warn falls on the hospital . [read post]
15 Jan 2013, 9:28 am
The court nixed plaintiff's claim on duty to warn, causation, and the learned intermediary doctrine. [read post]
14 Jan 2013, 11:16 am
[A]ny attempt to predicate the Stengels' claim on an alleged state law duty to warn doctors directly would have been expressly preempted. . . . [read post]
13 Jan 2013, 1:08 pm
Even if the plans were part of the contract, the duty to warn and the duty to build in a good and workmanlike manner over-rode the plans and required Double Dutch to build to that standard, and compensate the Colwells for not doing so. [read post]
11 Jan 2013, 11:12 am
While the duty to warn may run only to the prescriber, causation can be severed at any point, and here the FDA-mandated patient brochure skipped over the prescriber and adequately warned the patient a [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]
