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Attention pharmaceutical and medical device executives ignorance is not bliss
- Edwards Wildman Palmer LLP
- -
- USA
- -
- October 31 2012
The recent sentencings of a number of executives on so-called "Park pleas" serve as an important reminder that the United States Department of Justice, working with the Food and Drug Administration, holds managers, officers, and in-house counsel at drug and medical device companies to a high standard with respect to overseeing the safe manufacture and delivery of drugs and medical devices to consumers
Defense verdict for Merck in first FOSAMAX state court trial
- Edwards Wildman Palmer LLP
- -
- USA
- -
- February 16 2011
A New Jersey state court jury recently found in favor of Merck & Co., Inc. rejecting the claims of a woman who alleged that her dental and jaw related problems were caused by the osteoporosis drug FOSAMAX
Supreme Court to hear generic drug labeling issue
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 10 2010
On December 10, 2010, the Supreme Court agreed to hear appeals by Teva Pharmaceutical Industries Ltd., Mylan Inc.'s UDL Laboratories, and Actavis, Inc
U.S. Supreme Court to decide whether federal court’s denial of class certification precludes certification of the same class in state court
- Edwards Wildman Palmer LLP
- -
- USA
- -
- November 12 2010
In August 2001, George McCollins filed a putative class action in West Virginia state court against Bayer and other defendants
Thousands of consumers’ claims for injuries arising from use of contact lens solution constitute separate occurrences
- Edwards Wildman Palmer LLP
- -
- USA
- -
- June 8 2010
A New York District Court recently held that thousands of claims by consumers for injuries arising from use of contact lens solution would be treated as separate occurrences
Jury finds in favor of botox manufacturer in off-label use trial
- Edwards Wildman Palmer LLP
- -
- USA
- -
- May 28 2010
A California jury recently returned a verdict in favor of Allergan, Inc., in a trial involving claims that Allergan’s promotion of an off-label use of its drug Botox caused the death of a pediatric patient suffering from cerebral palsy
Learned intermediary doctrine: Eleventh Circuit upholds summary judgment in favor of manufacturer in lawsuit claiming antidepressant caused suicide
- Edwards Wildman Palmer LLP
- -
- USA
- -
- May 28 2010
The 11th Circuit Court of Appeals recently relied upon the learned intermediary doctrine in affirming summary judgment in favor of Smithkline Beecham Corp. (“SBC”) in a lawsuit claiming that the antidepressant Paxil caused the decedent to commit suicide
Jury awards $141 million against Pfizer in connection with off-label use of Neurontin
- Edwards Wildman Palmer LLP
- -
- USA
- -
- April 7 2010
A federal jury in Boston recently returned a verdict against Pfizer Inc. in connection with claims that Pfizer unlawfully promoted off-label uses of its anti-epilepsy drug Neurontin
Eight Circuit rejects FDA preemption defense raised by generic drug manufacturers
- Edwards Wildman Palmer LLP
- -
- USA
- -
- February 10 2010
On November 27, 2009, the United States Court of Appeals for the Eighth Circuit held that failure to warn claims directed at generic pharmaceutical manufacturers are not preempted by federal law
Wyeth v. Levine: U.S. Supreme Court rejects FDA labeling preemption argument, likely increasing defense costs for many pharmaceutical product liability claims
- Edwards Wildman Palmer LLP
- -
- USA
- -
- March 5 2009
By a 6-3 vote, the United States Supreme Court yesterday found that state law claims for failure to include an adequate warning on a pharmaceutical label are not preempted by the federal Food and Drug Administration’s ('FDA') prior approval of the product’s label
