Archive for April, 2009

Boring Stuff We Need To Know

Wednesday, April 29th, 2009

Is there anything in product liability litigation as boring as Medicare liens? Putting aside document privilege reviews, or drafting answers to form complaints, that is. Some substantive area of the law?

Substantively, we’d be hard-pressed to think of anything. Back in the day – when such arguments were still possible – we got a bit of a rush arguing (and winning) the proposition that the government had no (more…)

What You Need to Know About Caralluma Fimbriata

Wednesday, April 29th, 2009

Caralluma fimbriata is a succulent plant, in the cactus family, that has been used as a natural appetite suppressant in India for centuries. It’s a new arrival in the family of cactii and succulent plants that are becoming increasingly popular for their appetite suppressant, and weight loss properties, as well as their ability to lower blood sugar. Supplements made from the popular hoodia gordonii cactus from the Kalahari Desert in Africa, are, for (more…)

Change Coming To Pennsylvania?

Tuesday, April 21st, 2009

This post is about product liability but not particularly about prescription medical products. But since this subject is something Bexis has labored over for so long, we’re invoking the McFadden exception to deviate from drugs and devices for the moment.

But if you’ve got a product liability case of any sort in Pennsylvania or involving Pennsylvania law, we think you’ll be glad we did.

Pennsylvania product (more…)

Suing Business Entrepreneurs For Fraudulently Inducing Medical Treatment

Monday, April 20th, 2009

We’re not surprised that physicians invest in medical devices companies.

Legendary investor Peter Lynch said, “Buy what you know.” Surgeons who implant medical devices know . . . medical devices.

Sometimes those surgeons invent the devices. Sometimes the surgeons simply learn about the devices and believe they’re good products.

Not surprisingly, surgeons sometimes choose to invest in companies that manufacture medical (more…)

From 510(k) To PMA

Monday, April 20th, 2009

About ten days ago, the FDA Law Blog reported on the FDA’s order requiring manufacturers of 25 types of Class III “preamendments” devices to submit to the FDA information about those devices, including adverse safety and effectiveness data not already submitted to the Agency. The data is due by August 7, 2009, and is a first step toward putting those preamendments devices through the PMA process.

We have just two things to add — one explanatory (more…)

Off-Label Use And Medical Malpractice

Sunday, April 19th, 2009

Off-label use — using a drug or medical device for an indication other than that set forth in the FDA-approved label — poses tricky legal issues.

Off-label use is entirely legal: The FDA doesn’t regulate the practice of medicine, so physicians can use drugs or devices for any appropriate purpose, approved by the FDA or not.

But if the physician is later sued for malpractice, a lay jury may give disproportionate weight to the (more…)

Silicone Immune Toxicity Syndrome

Saturday, April 18th, 2009

Silicone Immune Toxicity Syndrome is an article taken from the breastactives.com You may go through this article to evaluate their products and services. In this blog read about a problem in the human organism.

There are several forms of the chemical in breast implants that can cause a problem in the human organism. Silicon (Si) is the basic element and probably causes immune system changes. Silica or SiO2 is the form it is mined from (more…)

Breast Surgery Complications

Friday, April 17th, 2009

Breast Surgery Complications is an article taken from the breastactives.com You may go through this article to evaluate their products and services. In this blog read about Breast Surgery Complications.

First and foremost there could be an allergic reaction to the anesthetic. General is considered to be more risky yet any anesthetic could bring on a negative reaction. Although extremely rare, it is possible to bleed post-operatively resulting (more…)

Preemption 2.0

Thursday, April 16th, 2009

Defense counsel considering whether they still have good preemption arguments in drug product liability matters after Levine would do well to review preemption briefs recently filed by defendants in major product liability litigation. The litigation involves two fact patterns that we have previously mentioned as candidates for preemption even after Levine. FDA regulatory activity on the order of (but not necessarily identical (more…)

Revitol Anti Aging Solution

Wednesday, April 15th, 2009

Aging first appears on your skin and that too on your face. to check aging you have to work hard, you have to keep your skin wrinkle free and clear. There are many medical supplements available for keeping you young and fresh. Also there are many herbal supplements available for this purpose. Herbal remedies for anti aging available in two forms. The first one is for internal use and the second one is for external use.
Revitol Anti Aging Solution (more…)