article thumbnail

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. 2004) (no causation where prescriber “continues to prescribe [similar] medication. . . 2004); In re Accutane Litigation , 2016 WL 355843, at *8-9 (N.J.

FDA 59
article thumbnail

Live Free, or at Least Have a Present Injury

Drug & Device Law

Abbott Laboratories , 2004 WL 3245947, at *6 (Ind. 2004 WL 3313614, at *14 (W.D. 17, 2004); Jones v. 2004); Redland Soccer Club v. Old National Bancorp , 499 F.3d 3d 629, 639 & n.10 10 (7th Cir. 2007); Hunt v. American Wood Preservers Institute , 2002 WL 34447541, at *1 (S.D. July 31, 2002); Johnson v. Iowa 2018).

article thumbnail

Removal, Severance & Rule 21

Drug & Device Law

That started us thinking about other uses of severance of non-indispensable parties to preserve diversity – particularly, as in the Rejuvenate case, medical malpractice defendants in product liability litigation – to preserve federal diversity jurisdiction. We most recently returned to this issue here , where we discussed Sullivan v.