A couple of cases we’ve posted about recently started us thinking – a dangerous turn of events, we know. There was that Beaumont Hospital case involving allegations about delivery of an incorrect free sample of a device. If somebody – anybody – at the hospital had simply looked at the thing, either when it was initially stored or later when it was taken back out for use, the error would have been readily apparent from the labeling, (more…)

As far as pharmaceutical mass torts go, the fen-phen litigation has been around for as long as any. But just because it’s mature litigation doesn’t mean that the old dog can’t do new tricks. Last month a fen-phen case produced the first post-
decision recognizing implied preemption, as we discussed
. This month we’ve got
Crowe v. Wyeth
”), 2009 WL 902351 (E.D. Pa. April 2, 2009), raising the
defense.
The what?
(more…)