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Results: 1-10 of 198

Pharmacists and the learned intermediary rule

  • Dechert LLP
  • -
  • USA
  • -
  • February 24 2011

As our readers certainly know, the learned intermediary rule holds that prescription medical product warnings are to be directed to prescribing physicians rather than to end user patients

Pennsylvania product liability law - the muddle continues

  • Dechert LLP
  • -
  • USA
  • -
  • March 23 2012

The Pennsylvania Supreme Court yesterday decided Beard v. Johnson & Johnson, Inc., No. 35 WAP 2010, slip op. (Pa. March 22, 2012), a decision that is good, bad, and ugly at the same time

Doctor’s negligence is reasonably anticipated use

  • Dechert LLP
  • -
  • USA
  • -
  • March 13 2012

Today we bring you a split decision tossing out a failure to warn claim because the doctor didn’t read the warnings at all, but allowing the plaintiff to continue on his design defect claim despite the doctor having done exactly what the warning warned against

E-discovery for defendant's cheat sheet

  • Dechert LLP
  • -
  • USA
  • -
  • November 22 2011

After getting the latest favorable Facebook discovery decision in Largent v. Reed, and seeing that Largent cited to a recent New York case that we didn’t know about, we’ve come to the (probably belated) conclusion that the fast-developing area of e-discovery for defendants with respect to social media maintained by plaintiffs is worthy of a cheat sheet to keep up with the cases as they’ve come down

The learned intermediary and implied warranties

  • Dechert LLP
  • -
  • USA
  • -
  • November 10 2011

In a relatively recent case, Currier v. Stryker Corp., 2011 WL 4898501 (E.D. Cal. Oct. 13, 2011), the court stated, with respect to a claim for implied warranty: Because this is a medical implant case, and the complaint alleges that the product was surgically inserted in a hospital, the Court cannot plausibly infer from the complaint that Plaintiff relied on anything other than his physician's skill and judgment in selecting the . . . product, nor that any purchase of the product was based on a warranty from the manufacturer to Plaintiff

Dear doctor letters as the next warning frontier Kapps vs. Winter

  • Dechert LLP
  • -
  • USA
  • -
  • October 28 2011

Under the learned intermediary rule, for a warning claim to succeed, at a bare minimum the prescribing (or sometimes another) doctor at least has to read the allegedly defective warning

Personal injury class actions not even trying anymore

  • Dechert LLP
  • -
  • USA
  • -
  • February 1 2012

We’ve been noting the impending death of class actions in personal injury cases for some time

Predictive coding gets a chance

  • Dechert LLP
  • -
  • USA
  • -
  • May 3 2012

In the high-tech morass that is ediscovery, parties have tried various ways to do something about the disparity between cost and benefit. technology

Bashing Bausch

  • Dechert LLP
  • -
  • USA
  • -
  • January 13 2011

We put up an initial post about Bausch v. Stryker Corp., ___ F.3d ___, 2010 WL 5186062 (7th Cir. Dec. 23, 2010), back in December, only four days (including Christmas) after it was decided

Imported Chinese litigation returned to sender

  • Dechert LLP
  • -
  • USA
  • -
  • September 8 2011

We thank Eamon Joyce at Sidley for alerting us to an interesting forum non conveniens decision out of the Fourth Circuit: Tang v. Syntura International, Inc., No. 10-1487, slip op. (4th Cir. Sept. 6, 2011