Tag Archives: Defective Drug Lawyer

NuvaRing Court Dismisses Bellwether Trials On Summary Judgment For No Good Reason

  [Update, July 15, 2013: The Federal MDL court reached the opposite conclusion, denying summary judgment on liability and causation and on punitive damages. Those cases will now proceed to trial.]   In case you missed it, last week I had a guest post up at TortsProf lamenting how recent changes in civil procedure law have created a situation in which judges are frequently deciding complex cases by improperly deciding for themselves what the true facts were, in advance of a jury trial, and sometimes on nothing but the initial complaint.   Unfortunately, we just had another example: the recent order ... Continue Reading

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Defense Lawyer Earns A Well-Deserved Benchslap For Misguided Recusal Motion

Last week, we took a ride on the corporate defense lawyer baloney train, this week we jump on the express. Two months ago, pharmaceutical manufacturer Roche Laboratories filed a motion asking Atlantic County, New Jersey Superior Court Judge Carol E. Higbee to recuse herself from the over 7,000 Accutane cases still pending in that consolidated litigation.   The 39-page brief Roche filed in support of the motion didn’t have much substance to it, but it was met with much fanfare across the tort reform world as a bold effort to attack a judge who wasn’t sufficiently accommodating to their scorched ... Continue Reading

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Will The Supreme Court Cheat The Woman Living In “Hell On Earth”?

[Update, June 24, 2013. The Supreme Court ruled against Karen, holding, in essence, that generic drug companies have no responsibilities whatsoever to patients.]   I’ve written before about the United Supreme Court’s dismal PLIVA v. Mensing opinion. Although Justice Scalia recently co-wrote a book on legal interpretation that admitted that a basic principle of federalism is that “a federal statute is presumed to supplement rather than displace state law,” he had no trouble joining Justice Thomas’ opinion finding “implied” pre-emption of all state tort lawsuits that alleged  generic drug manufacturers failed to adequately warn about their product’s risks.   Nevermind ... Continue Reading

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Do The Drugs Januvia, Byetta and Victoza Cause Pancreatic Cancer?

[Update, March 2013: I originally wrote this post in December 2012. Three months later, the FDA announced it "is evaluating unpublished new findings by a group of academic researchers that suggest an increased risk of pancreatitis, or inflammation of the pancreas, and pre-cancerous cellular changes called pancreatic duct metaplasia in patients with type 2 diabetes treated with a class of drugs called incretin mimetics." Several news agencies ran with the news, including AP and Bloomberg, as did some pharma industry bloggers. The JAMA Internal Medicine medical journal ran a column urging more research into the link between the drugs and pancreatic cancer, an ... Continue Reading

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When Should The Statute Of Limitations Run For Medication Lawsuits?

Last week, our firm blog posted a short note about how Actos patients with bladder cancer in Kentucky, Louisiana, and Tennessee should move quickly to file because those states have a one-year statute of limitations for personal injury actions. We (and a whole bunch of other lawyers) assume that Takeda Pharmaceuticals will argue that the statute of limitations began to run on June 15, 2011, when the FDA issued an updated warning that one year of Actos use increases the risk of bladder cancer by more than 40%. As if on cue, the next day Pfizer moved for summary judgment on a whole swatch of consolidated Chantix ... Continue Reading

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Yaz and Propecia Labels Updated; Are They Subsequent Remedial Measures?

As I've written before, anti-consumer legislators and judges have so thoroughly eviscerated claims against pharmaceutical companies that in most states there's only a single claim left: the claim that brand-name drug manufacturers failed to warn about the risks of the drug. As long as the company warned about the risks of the drugs, they're essentially immune from liability, even if the drugs weren't properly tested, even if they were deceptively marketed, and even if the drug didn't perform as promised. (Sometimes state and federal attorneys general can sue over drugs that were falsely marketed, like how Johnson & Johnson was ... Continue Reading

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“No Tolerance” for Drug Manufacturers Fabricating FDA Data Doesn’t Mean Much

As I've written before, as a legal matter, drug companies have it easy. Consider what drug company lawyers called their ten "best" court opinions of the past year, many of which involved courts re-writing laws to dismiss lawsuits brought by injured patients. In the notorious PLIVA v. Mensing case, a 5-4 Supreme Court tried its hardest to wash away any claims injured consumers could have against generic drug manufacturers by ruling that, as a matter of law, any lawsuit would conflict with the FDA's regulations — even though the Supreme Court couldn't point to any actual conflicting regulations, and even ... Continue Reading

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Off Label Drug Use Should Be Regulated For Patient Safety

[Update: the American Medical Association recently posted an article about how "off-label" marketing is so pervasive that many doctors don't even know what the approved purposes of the prescription drugs and medical devices are, exposing them to malpractice liability.] The pharmaceutical defense lawyers at Drug & Device Law, one of my favorite blogs to throw rocks at (we went Jersey Shore over the Wellbutrin litigation a year ago), are at it again, this time attacking a legal theory they refer to as ‘FDA regulatory informed consent.’ Although drug companies aren’t allowed to market drugs for any purpose other than those ... Continue Reading

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Pennsylvania’s Defective Drug Design Laws Hang In The Balance

It's no secret that pharmaceutical companies are among the more litigious businesses in America. Up until 2003, when Congress stepped in, the big drug makers had a good thing going: whenever the patent was about to expire on one of their blockbuster drugs, they would file a new patent for trivial modifications to the medicine, and thereafter would sue generic drug manufacturers claiming that the generic version of the old drug somehow infringed on the new patent. Here’s the kicker: the big drug makers knew these patent infringement claims were frivolous, so they would enter into a “settlement” in which ... Continue Reading

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Lawyer Branding And The Race For Actos Bladder Cancer Clients

If you were diagnosed with bladder cancer after using Actos and are reviewing your legal options, please see my Actos Bladder Cancer Lawyers page for patients. As of June 2012, The Beasley Firm is still accepting cases and filing lawsuits on behalf of Actos consumers. I wrote this post for my legal blog, which is ordinarily read by other lawyers. Patients looking for legal help should read the Actos page linked above.  Personal injury law isn't like running an ordinary business, not even an ordinary law practice, because of the risk involved in taking cases. Defective drug and consumer products lawsuits ... Continue Reading

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