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CPAP MDL Overinflates Plaintiffs’ Claims

Drug & Device Law

Taking the good doctor first, In re Philips Recalled CPAP, Bi-Level Pap, & Mechanical Ventilator Products Litigation , 2023 WL 7019667 (Sp. CPAP II shrugs off plaintiffs’ repeated allegations that defendants “failed to apprise the FDA” of this or that, with the excuse that plaintiffs don’t really “rely” on them. 341 (2001).

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Lack Of Proximate Cause Evidence Dooms Misrepresentation And Warnings Claims

Drug & Device Law

9(b), “[i]n alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.” In particular, MDLs seem to have an unfortunate habit of allowing general allegations to support fraudulent misrepresentation claims and other claims based on alleged fraud or mistake. Under Fed.

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Vaccine Products Liability Claims Preempted

Drug & Device Law

Her current lawsuit brought claims under the Connecticut Product Liability Act (CPLA) and for common law fraud. The vaccine’s labeling is approved by the FDA and typically a change is allowed only upon FDA approval. The vaccine’s labeling is approved by the FDA and typically a change is allowed only upon FDA approval.

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