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28 May 2009, 10:19 pm
And from Beck & Herrmann comes word that the new bill includes a change... [read post]
28 May 2009, 8:41 pm
Beck and Herrmann promised to present the other side of the argument, and today they... [read post]
28 May 2009, 11:26 am
We say "allegedly" because, whilst Herrmann can blame being out of pocket if he wants, Bexis (although likewise at ALI) doesn't rely upon that excuse. [read post]
26 May 2009, 10:11 pm
Beck & Herrmann note that commentary on the landmark pleading decision has thus far been one-sidedly negative, and hint tantalizingly that they may intend to rectify that.... [read post]
21 May 2009, 11:40 pm
I don't generally agree with Beck/Herrmann at their Drug and Device Law Blog, but when a student publishes a piece in the Stanford Law Review concluding that "the legal profession should consider regulating ex parte blogging" (that stops lawyers from blogging about their cases) they shoot the idea down dead in its tracks.I often talk about medical mistakes here, since a large part of my law practice has revolved around them. [read post]
19 May 2009, 5:25 am
One of your co-hosts - Bexis (Herrmann couldn't make it) - leads off a day-long Harris-Martin conference on "Preemption in a Post-Levine World" at the Rittenhouse Hotel in Philadelphia on June 3, 2009. [read post]
18 May 2009, 5:00 am
But sometimes Bexis will recuse himself from writing about a particular case that he's working on, and Herrmann alone will publish a post about the case, or vice versa. [read post]
18 May 2009, 3:22 am
Beck & Herrmann describe and oppose the bill. [read post]
17 May 2009, 10:13 pm
Beck & Herrmann believe that the supposed justifications for Albany's proposed abolition of the "learned-intermediary defense" (which essentially requires only that prescribing doctors be warned adequately of risks) "in all likelihood ... only serve as a fig leaf for what's... [read post]
11 May 2009, 10:44 am
The Poet Max Herrmann-Neisse. [read post]
11 May 2009, 5:50 am
Property owners are not liable for "really, really, really obvious" dangers under Minnesota law, the Court conceded, but Judge Kyle held that whether this danger was obvious, really obvious, really, really obvious, or really, really obvious is a question for a jury to decide (obviously).Herrmann v Continental Herrmann v Continental SJSLeventhal Publish at Scribd or explore others: Law … [read post]
6 May 2009, 8:42 am
Bloomberg reports: “We’re seeing a very clear bottoming pattern,” said John Herrmann, chief economist at Herrmann Forecasting. [read post]
5 May 2009, 5:57 am
Federal preemption may be found for drugs where "the FDA had thought very hard on the issue for many years," Herrmann said. [read post]
5 May 2009, 5:00 am
[Disclosure: My firm, and blogging co-host Herrmann, and I represented Wyeth], the plaintiff alleged that Wyeth's antidepressant caused her decedent's suicide. [read post]
24 Apr 2009, 10:23 pm
Update on controversy over FASB treatment of accounting contingencies for litigation [Beck & Herrmann; earlier here, here, etc.] [read post]
23 Apr 2009, 5:59 am
Beck & Herrmann survey its current status in each of the fifty states.... [read post]
20 Apr 2009, 12:08 pm
In a recent law journal article authored about FDA approved labels and off-label uses, authors Mark Herrmann (of the [druganddevicelaw.blogspot.com]) and Pearson Bownas demonstrate the folly of letting the standard of care in medical malpractice cases be defined by whether the doctor used a prescription product "on label" or "off label. [read post]
20 Apr 2009, 6:12 am
Off-label use -- using a drug or medical device for an indication other than that set forth in the FDA-approved label -- poses tricky legal issues.Off-label use is entirely legal: The FDA doesn't regulate the practice of medicine, so physicians can use drugs or devices for any appropriate purpose, approved by the FDA or not.But if the physician is later sued for malpractice, a lay jury may give disproportionate weight to the fact that the use was off-label.To help combat that problem, one of… [read post]
18 Apr 2009, 3:31 am
" And most people over 30 have seen this on the news or read about it in the paper.This post (written by Herrmann, alone and way off-topic, on a weekend) is aimed at the two of you who haven't yet seen this.Go to YouTube. [read post]
17 Apr 2009, 11:42 am
But as Beck & Herrmann... [read post]
