Searching Content indexed under Life Sciences, Biotechnology & Nanotechnology by Reed Smith ordered by Published Date Descending.
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The Unknown Unknowns – Differential Etiology And Idiosyncrasy
Donald Rumsfeld once justified attacking Iraq without firm evidence that his target possessed the ultimately apocryphal
20 Sep 2019
PML Valsartan Order
Few things raise our blood pressure as much as the MDL process. MDL stands for Multi-District Litigation, but the M might as well stand for Mutilating and the D for Distorting.
United States
13 Sep 2019
Utah Decision Yields Decidedly Mixed Results
We had been waiting for the Utah Supreme Court's decision in Burningham v. Wright Medical for some time. As we pointed out in a blogpost when Burningham was first certified by the district court
United States
12 Sep 2019
Why Should FDA Warning Letters Be Any Different?
We've blogged numerous times about the tentative, non-final, and informal status of FDA warning letters (and untitled letters and similar enforcement precursors
United States
10 Sep 2019
Shameless Plug: Discount Code For Our Readers To 2019 ACI Drug & Device Conference
As your bloggers – at least those without school-aged children – begin to mourn the dawning end of summer, we do at least see one bright spot in the ever-shortening days
United States
10 Sep 2019
Georgia Court Makes Short Work Of PMA Medical Device Case
It's not a long decision – but there's still a lot to it. Maybe that's because there wasn't a lot to plaintiff's complaint. Regardless, Sharp v. St. Jude Medical, S.C., Inc., 2019
United States
2 Sep 2019
Mixed Treatment Of Clinical Trial Liability On Summary Judgment
A little knowledge is a dangerous thing. A jack of all trades is a master of none. These cutesy little phrases throw some derision toward one who
United States
30 Aug 2019
CMS Issues Final FY 2020 Medicare Ipps/Ltch Update, Including New Medical Device Technology Policies
The Centers for Medicare & Medicaid Services (CMS) has finalized Medicare acute inpatient prospective payment system (IPPS) and long-term care hospital (LTCH) prospective payment system (PPS) rates and policies for...
United States
30 Aug 2019
Prescription Medical Product Causation – Expert Required − Part Three
Because we didn't want to split Pennsylvania, this part is a little longer, and part two a little shorter, than average.
United States
27 Aug 2019
Prescription Medical Product Causation – Expert Required – Part Two
What follows is the second part of our extensive 50-state of cases precluding plaintiffs from proceeding with claims in the absence of admissible expert support. Part One was last week.
United States
22 Aug 2019
Prescription Medical Product Causation – Expert Required – Part One
We recently blogged about the final chapter (at the district court level, anyway) of the big defense win in the Mirena MDL.
United States
14 Aug 2019
Clean Sweep Of Plaintiffs' Causation Experts In Gadolinium Litigation
Today we bring you a terrific Daubert defense win. But, we'll be honest it's long. Really long. Thorough, but long. So, we're going to hit the highlights.
United States
14 Aug 2019
510k Clearance Equals No Punitive Damages In Arizona
We have always thought that regulatory approval or clearance of a drug or medical device should weigh heavily against punitive damages, or even preclude punitive damages altogether.
United States
9 Aug 2019
Silicone Implant Defendants Prevail On Fraudulent Joinder And Preemption
Offhand, we cannot think of opinions we have blogged on that pleased us more than today's cases, Jacob v. Mentor Worldwide, LLC, et al., 2019 WL 3500325 (C.D. Cal. Aug. 1, 2019) and Vieira v. Mentor Worldwide, LLC,...
United States
8 Aug 2019
Excellent Infuse Preemption Decision Out Of Eastern District Of Michigan
On our office bulletin board, we keep a post-it listing the states we have not yet visited. We are down to ten, and we expected to cross Oregon off after a deposition last week.
United States
7 Aug 2019
Vaccine Act Dismissal Affirmed—An Intended Component Cannot Be A "Contaminant"
We received positive feedback on our recent post on the Vaccine Act, so a recent Sixth Circuit opinion affirming a dismissal under the Act caught our eye
United States
31 Jul 2019
Remand Court Forces Plaintiff's Counsel Out Of The Shadows
You've heard the saying – you can run, but you can't hide. Well, in Multidistrict Litigation, we could have a saying – you can hide, but only until remand.
United States
29 Jul 2019
Med Mal Case Dives Deep Into Device Regulation
Reading through Obermeier v. Northwestern Memorial Hosp., __ N.E.3d __, 2019 IL App. (1st) 170553, reminded us of scrolling through television channels in the middle of the day with time to kill.
United States
23 Jul 2019
Will Agency Deference Ruling Affect Preemption?
We might not have even read the Supreme Court's recent – and long and convoluted − agency deference decision, Kisor v. Wilkie
United States
23 Jul 2019
Guest Post – Stop The Presses – Supreme Court Decides A Dormant Commerce Clause Case
Today's guest post is by Tucker Ellis‘ Dick Dean, a longtime friend of the blog and outspoken advocate of using the Dormant Commerce Clause as a one-two punch
United States
17 Jul 2019
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