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medical device
To Linsanity and Beyond (to the Tierney case)
Some of us on this blog have rooting interests that lie far from where The Schuylkill and The Delaware meet. They’re up past the New Jersey Turnpike, all the way to New York City. For us, ever since the echoes of the Giants’ raucous ride through the Canyon of Heroes faded, it’s been all...
Young: Recall Alone Does Not Prove Defect
It’s reassuring to read decisions in which a court embraces its role as gatekeeper and stops a claim from proceeding to trial with evidence that, by its very nature, would require a jury to speculate. For us, it’s doubly reassuring when it involves a medical device claim. Young v....
Update -- Consolidation of Defective Mesh Claims Against Boston Scientific
A couple weeks ago, the U.S. Judicial Panel on Multidistrict Litigation (JPML) met in Miami to discuss the consolidation of claims against several transvaginal mesh manufacturers. I previously wrote about this issue. Today, the JPML issued its decision. As requested by many of the plaintiffs, the...
Physicians Forewarned - The Impact of Medical Device Fraud on Physicians' Practices
A recent U.S. Department of Justice (DOJ) settlement with a medical device manufacturer highlights the need for physicians to pay close attention to their dealings with medical device companies. The settlement, announced in December, calls for the payment of $23.5 million to resolve allegations...
Twice Nice?
Every now and then there’s a piece of litigation that boldly goes where no court has gone before and opens up a host of new legal issues. Bone Screw was like that, with plaintiffs inventing new causes of action (fraud on the FDA and regulatory informed consent) and our side having to invent...
