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Results: 1-10 of 307

Medical Doctors Aren’t Jacks-of-all-Trades
  • Dechert LLP
  • USA
  • May 9 2017

We've all had cases where plaintiffs try to use their prescribers and treaters as their experts on everything from failure to warn and causation to


PMA Preemption Revisited in Pennsylvania
  • Dechert LLP
  • USA
  • March 22 2017

Back in October we posted about the Eastern District of Pennsylvania decision McLaughlin v. Bayer Corp, 2016 U.S. Dist. LEXIS 37516 (EDPA Mar. 22


Washington State Creates Device Manufacturer Duty to Warn Hospitals
  • Dechert LLP
  • USA
  • February 22 2017

A hospital? What is it? It's a big building with patients, but that's not important right now. Airplane, 1980. It's also a big building filled with


Design and Failure to Warn Claims Survive TwIqbal Challenge in Kentucky
  • Dechert LLP
  • USA
  • February 21 2017

Kentucky -sure, it gets pretty sticky in the summer, and the bluegrass isn't really blue, and Wildcats fans - well, they're a breed of their own. But


Protecting Foreign Adverse Events
  • Dechert LLP
  • USA
  • January 31 2017

Today's post is on a short decision from the Court of Appeals of Florida, but it is important. In drug and device litigation, defendants are almost


You Can Hide But You Can’t Run
  • Dechert LLP
  • USA
  • January 24 2017

Is the lesson learned by at least one plaintiff's counsel in the In re Yasmin & Yaz Mktg. Sales Practices & Prod. Liab. Litig. We already know mass


Lengthy Decision, Simple Conclusion - Preemption Win Across the Board
  • Dechert LLP
  • USA
  • January 17 2017

Some bloggers on this site have openly admitted to being swayed by the length of an opinion in choosing whether to blog about it. Shorter decision


Express Warranty Claim Preempted
  • Dechert LLP
  • USA
  • January 5 2017

We use products with warranties every day. There are warranties on frying pans, on light bulbs, on computers. We once saw a warranty on a pair of


A Twist on PMA Preemption
  • Dechert LLP
  • USA
  • December 27 2016

One doesn't see many new PMA preemption issues raised, but we found a case that does just that - Vincent v. Medtronic, Inc., 2016 WL 7374271 (N.D


Pennsylvania Federal Court Uses Tincher to Find Claim for Strict Liability Manufacturing Defect in Medical Device Case
  • Dechert LLP
  • USA
  • December 6 2016

It's been two years since we applauded the downfall of Azzarello in Pennsylvania. Two years since the Pennsylvania Supreme Court ruling in Tincher v