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Another Update on Medical Abortion Litigation

Drug & Device Law

341 (2001), is so important. Even worse is standing based on the “considerable mental and emotional stress on emergency-room doctors,” purported injury from “divert[ing] time and resources away from their ordinary practice to treat [adverse reaction] patients, and even the possibility of increased malpractice insurance costs.

FDA 52
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Another Update on Medical Abortion Litigation

Drug & Device Law

341 (2001), is so important. Even worse is standing based on the “considerable mental and emotional stress on emergency-room doctors,” purported injury from “divert[ing] time and resources away from their ordinary practice to treat [adverse reaction] patients, and even the possibility of increased malpractice insurance costs.

FDA 59
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Confident Learned Intermediaries Defeat Warning Causation

Drug & Device Law

They’re experienced at what they do and aren’t intimidated by plaintiffs’ counsel and their threats of malpractice claims if they don’t testify the way plaintiffs want them to. 2001) (no causation where medical personnel “had no alternative other than to use the. . . Confident learned intermediaries stand by their medical decisions.

FDA 59
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Guest Post – More on Expert Gatekeeping in West Virginia

Drug & Device Law

2001), the Court expressly declined to follow Kumho Tire Company, Ltd. Daubert , 509 U.S. at 596 (“[v]igorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence …”) (citation shortened; italics added).

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Live Free, or at Least Have a Present Injury

Drug & Device Law

2001 WL 34010613, at *5 (D.S.C. March 30, 2001). Right now, the schedule for the meeting has debate on the “Restatement of the Law Third, Torts: Medical Malpractice & Miscellaneous Provisions” – which includes the medical monitoring proposal – set for Monday, May 22 at 10:30 a.m. Olin Corp. , 3d 95, 105 (2d Cir.