The Future is Here: Self-Driving Cars, New Technology and Product Liability Litigation

March 01, 2017

Every day we are seeing more new and exciting technology develop.  Sometimes, it is hard to believe what the next “new big thing” is, and I find myself in disbelief.  That is exactly how I feel when I see how

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A Setback for Generic Consumers

May 21, 2015

The road to recovery for generic drug consumers just got more difficult. After a series of rulings from the U.S. Supreme Court over the past few years, a person injured from a generic drug is almost entirely unable to bring

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Direct-to-Consumer Advertising: Is Less Really More?

February 12, 2015

At the heart of a case involving a prescription drug is the question of risks – what risks exist, what risks were known, and what risks were warned about. All of us have seen prescription drug advertisements that include a

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Generic Drug Labeling: The Saga Continues

October 22, 2014

Almost a year ago, I eagerly wrote about the FDA’s proposed rule that would permit generic drug manufacturers to unilaterally change the warnings on their product labels, effectively overturning the Supreme Court’s decision in PLIVA v. Mensing. Currently, a generic

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The Fallout from Hobby Lobby

July 18, 2014

On June 30, 2014, the United States Supreme Court handed down a landmark ruling in Burwell et al. v. Hobby Lobby Stores, Inc., et al. that has triggered a tidal wave of responses and opinions.  Under the Affordable Care Act (ACA),

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Proposed FDA Rule Allows Generic Drug Manufacturers to Update Labeling

November 13, 2013

After much anticipation, the U.S. Food and Drug Administration (FDA) has taken action to place responsibility on generic drug manufacturers to provide adequate warnings to consumers, and hold them legally liable for their failure to do so.  Currently, federal law

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Supreme Court Makes Second Landmark Ruling on the Liability of Generic Drug Manufacturers

August 19, 2013

Over the last year, I have written about the evolving law on an issue at the center of much controversy: the ability to bring product liability lawsuits against generic drug manufacturers.  While the Supreme Court determined that state law failure

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Hall of Shame: Johnson & Johnson’s License Suspended

May 21, 2013

Pharmaceutical giant Johnson & Johnson is currently under fire as the subject of thousands of lawsuits involving defective products, including both their metal-on-metal hip implant systems and vaginal mesh.  But it seems that is not their only problem.  The Maharashtra

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Innovator Liability Opens Doors to Recovery for Generic Drug Consumers

January 28, 2013

After the U.S. Supreme Court decided PLIVA, Inc. v. Mensing in 2011, generic drug users were left searching for possible avenues of legal recovery after incurring injury.  The Mensing decision, which held that state law failure-to-warn claims cannot be brought

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Medical Devices in the Market: Are they Safe, or Just Similarly Dangerous?

October 23, 2012

Efficiency and speed is valued when bringing new medical devices to the market, but what remains relatively unknown are the risks inherent in the current U.S. Food and Drug Administration (FDA) approval process.  The 510(k) process, outlined in the Federal

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