Confidentiality issues often arise in drug and device cases, usually when plaintiff lawyers want to send confidential company documents to the New York Times. But every once in a while it’s the plaintiffs who get impaled on the issue. That’s what happened in In re Viagra Products Liability Litigation, MDL No. 06-1724, slip op.(D. Minn. April 14, 2010). Pfizer had earlier been unable to knock out one of plaintiffs’ general causation experts on Daubert (more…)

Defendants went two for two sending forum-shopping non-resident plaintiffs back where they came from in New York this week. First, the Second Circuit, in a summary order, toldbunch of Austrian plaintiffs from a ski train fire to take their lawsuits back across the Atlantic.Ferk v. Omniglow Corp., slip op. (2d Cir. Dec. 21, 2009). Austrians injured in an Austrian accident suing in the United States were not entitled to “very little deference” (more…)

We love it when our readers share good ideas with us. For one thing, it saves us the trouble of having to think up ideas ourselves. Today we’re sharing a couple of those with you.

Ted Heise, who’s at Cook Medical, was reading our post on methods of proving up FDA-related evidence. He took the time to let us know that, if the fact of FDA pre-market approval is what’s at issue, there’s another avenue of judicial (more…)

We just love to see our victories put to good use by other lawyers in later cases.

So we got a big kick out of Pustejovsky v. Wyeth, No. 4:07-CV-103-Y, 2009 U.S. Dist. LEXIS 101513 (N.D. Tex. Sept. 4, 2009).

We didn’t get a big kick out of the facts, since we had nothing to do with them: Dr. Collini prescribed generic Reglan to treat Pustejovsky’s acid reflux. After using the drug for three years, Pustejovsky developed the movement (more…)

Not one, but two, of our readers emailed us about a recent Sixth Circuit decision, Best v. Lowe’s Home Centers Inc., 2009 WL 1010883 (6th Cir. April 16, 2009), when it came down. Unfortunately, we had other things going on – and Best wasn’t a drug/device case – so we didn’t get around to examining that decision until now. As the title of this post indicates, Best had to do with the validity (more…)

It appears more money will go toward the direction of China.  VC money is nothing new and in another post there were
over their investments.  Last year as well in somewhat of a landmark decision, the
of Chinese Clinical Trial data. 
has also invested in building a chain of hospitals in China and other Asian countries as well, reported back in August of 2008 at a time here in the US where we are struggling to keep hospitals open. 
The Health (more…)