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The bottom ten the worst prescription drugmedical device decisions of 2012

Reed Smith LLP
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USA
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December 21 2012

Do we have to? That depends on whether we mean "must" or should." There's relatively little that's really a "must," but quite a bit that's a strong

More nails in the coffin of third party payor actions

Reed Smith LLP
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USA
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May 16 2012

In a pair of precedential opinions, the Third Circuit affirmed today the dismissal - for lack of standing- of the Intron off-label promotion RICO class action

Not a win, not a loss

Reed Smith LLP
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USA
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May 17 2012

The recent decision in Mims v. Wright Medical Technology, Inc., 2012 WL 1681810 (N.D. Ga. May 11, 2012), is really neither a win nor a loss

Keeping the "settle" in "global settlement"

Reed Smith LLP
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USA
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July 12 2012

We’ve seen a couple of interesting cases lately involving global mass tort settlements and subsequent plaintiffs’ attempts to avoid them

Texas adopts learned intermediary rule; rejects DTC exception

Reed Smith LLP
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USA
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June 8 2012

Today the Texas Supreme Court, in a landmark (there goes Bexis breaking his arm patting himself on the back again) 55-page unanimous decision, the Texas Supreme Court held the following: (1) the learned intermediary doctrine generally applies within the context of the physician-patient relationship, and a prescription drug manufacturer fulfills its duty to warn its product’s end users by providing an adequate warning to the prescribing physician

Lyman: branded out; generic waist deep in big muddy

Reed Smith LLP
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USA
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July 25 2012

We’ve just read Lyman v. Pfizer, Inc., 2012 WL 2970627 (D. Vt. July 20, 2012

Sickly restatement rationales persist in Pennsylvania

Reed Smith LLP
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USA
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July 13 2012

One of the key topics our Pennsylvania law posts have covered is the continuing saga of the Third Restatement of Torts particularly in the federal courts

This just in... three New Jersey Accutane plaintiff verdicts overturned

Reed Smith LLP
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USA
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August 9 2012

In 2008, three Florida resident plaintiffs, in a joint trial, won jury verdicts in New Jersey state court on claims that Hoffman-La Roche had not adequately warned about the alleged link between ingesting Accutane and developing inflammatory bowel disease

Fifth Circuit affirms summary judgment in mesh case

Reed Smith LLP
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USA
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August 3 2012

Thanks and congratulations to Christy Jones and Anita Modak-Truran of Butler Snow for letting us know about - and more importantly winning - today's decision in Smith v. Johnson & Johnson, No. 11-60624, slip op. (5th Cir. Aug. 2, 2012), affirming summary judgment in a vaginal mesh case

Bartlett goes up

Reed Smith LLP
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USA
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August 2 2012

In our two prior posts concerning Bartlett v. Mutual Pharmaceutical Co., 678 F.3d 30 (1st Cir. 2012), we first hoped that the defendant would "take it up" to the Supreme Court, and ended our second with our belief that Bartlett was worthy of summary reversal