Category — Learned Intermediary
Maryland Plaintiff’s Attempt to Sidestep the Learned Intermediary Doctrine Based on Improper Marketing, Sales and Advertising Practices Falls Victim to Iqbal/Relevance.
July 28, 2011 - Some plaintiffs just love to paint manufacturer as bad guys. Behind every alleged injury, they insist, there is always a well-organized, evil conspiracy to put profits above safety. Thus, they reason, if the manufacturer did something bad a few years ago with respect to product X, surely they must also have done something bad with respect to the completely different product that allegedly caused their injuries. [Read more →]
July 28, 2011 Comments Off
New Action Pending in the Western District Seeks to Impose Duty on Medical Device Manufacturers to Police Surgeons With Respect to their Use of FDA-Approved Devices.
July 20, 2011 - The plaintiffs’ bar is always looking for new ways to pick the pockets of manufacturers, particularly in prescription drug and medical device cases where medical malpractice caps limit a plaintiff’s ability to recover against physicians. Since the U.S. Supreme Court’s 2008 decision in Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), however, this task has become more difficult in cases involving FDA-approved Class III medical devices. [Read more →]
July 20, 2011 Comments Off
