article thumbnail

Malarkey ? The Ten Worst Prescription Drug/Medical Device Decisions of 2023

Drug & Device Law

Allegedly, consumers deprived of efficacy (not risk) information had their informed consent rights infringed, which in the case of persons without the genetic difference, meant that they were spared the expense of undergoing negative genetic testing. Remember Riegel ( 2008+1 )? He heckled Holley here.

FDA 52
article thumbnail

Confident Learned Intermediaries Defeat Warning Causation

Drug & Device Law

2008) (applying Texas law and discussed here ), several times. 2008); In re Pradaxa Cases , 2019 WL 6043514, at *5-6 (Cal. 8, 2019) (no causation where prescriber “testified that none of the additional risk information. . . 2008 WL 544739, at *11-12 (N.D. 2008 WL 4691626, at *7 (E.D. 2008 WL 483574, at *6 (E.D.

FDA 59
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Unimpressed Learned Intermediaries Defeat Warning Causation

Drug & Device Law

This scenario was the “third hypothetical” in our “ Learned Intermediary Rule 201 ” post back in 2008. He “did not consider the additional information contained in the [updated] label to significantly add to his corpus of knowledge” so “failure to include this information in the previous. . . Our 2008 post discussed Ackermann v.

Doctors 59
article thumbnail

FDCA-Based Negligence Per Se & Informed Consent Don’t Mix

Drug & Device Law

Plaintiff allegedly suffered an injury that, according to the informed consent form he signed, was a one in 10,000 possibility. 312 (2008). Vesoulis rejected the plaintiff’s contention that the written consent form he signed did not include a statistical presentation of the risk at issue. Medtronic, Inc. ,