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April-July 2022 State Regulatory Developments

New Jersey Healthcare Blog

Below are the most recent health care related regulatory developments as published in the New Jersey Register in April-July 2022: April 2022. On April 4, 2022, at 54 N.J.R. On April 4, 2022, at 54 N.J.R. 290 (2022). On April 4, 2022, at 54 N.J.R. 292 (2022). On April 4, 2022, at 54 N.J.R.

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The Supreme Court Clarifies the Government’s FCA Dismissal Power and Invites Constitutional Challenge to the FCA’s Qui Tam Provision

Health Law RX

Earlier, in the SuperValu decision (discussed in a recent Health Law Rx Blog ), the Court clarified that subjective intent is relevant in determining whether an objectively reasonable (but incorrect) interpretation of a rule or regulation could negate the FCA’s scienter element ( U.S. SuperValu Inc., 1391, 1401 (U.S. Last week, in U.S.

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How the Fifty States View Electronic Data as a “Product”

Drug & Device Law

We have blogged several times about the somewhat esoteric issue of whether intangible items – chiefly computer software, website algorithms, and other electronic information – is treated as a “product” for purposes of imposing strict liability on their creators. 171, 212 (Fall 2022). at 1291-93 (construing 19 U.S.C. at 1291-92.

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Terrible Decision Contravenes the Vaccine Act’s Purpose and Would Gut Its Protections

Drug & Device Law

Some of us on the Blog are veterans of the original vaccine wars – those that preceded the enactment of the Vaccine Act, 42 U.S.C. GlaxoSmithKline PLC , 2022 WL 17338047 (E.D.N.Y. 29, 2022), which (if allowed to stand) imperils everything that Congress and the Supreme Court accomplished through the Vaccine Act. Merck & Co.

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Live Free, or at Least Have a Present Injury

Drug & Device Law

That’s why this defense oriented blog has inveighed against claims solely for “ medical monitoring ” ever since it was founded. 135, 156-57 (2003); Metro-North Commuter Railroad Co. Plaquemines Parish Government , 982 So.2d 2022 WL 2274876, at *10-11 (D. June 23, 2022). 2022 WL 909406, at *3 (E.D.N.C.

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The FDA and Feasible Alternative Designs

Drug & Device Law

Yet another vaccine case addressed at length the reasons why viable design alternatives for products governed by the FDCA must be limited to those that the FDA has allowed onto the market. 2003), aff’d , 810 N.Y.S.2d 3d , 2022 WL 6225596 (S.D. 2022 WL 6225661, at *5 (S.D. 4:20-CV-02256, 2022 WL 6225573, at *3 (S.D.

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