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Always Liability Increases (ALI)?  Not Yet with Medical Monitoring.

Drug & Device Law

There was an insufficient time to discuss the Torts: Medical Malpractice draft. 2005), in preference to two federal court decisions rejecting no-injury medical monitoring and recent Tennessee Supreme Court precedent retaining present injury generally. Actions Taken Membership voted to approve §§48D-48F (Sepulcher) of the draft.

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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. procedure that existed at the time of [plaintiff’s] injury”; malpractice was “intervening cause”) (applying Kansas law); Eck v. 2005 WL 3440440, at *5-6 (D.N.J.

FDA 59