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Suing the Certifiers – A Dangerous Undertaking

Drug & Device Law

Anyway, this fraudulent “doctor” allegedly “touched them without informed consent” and caused them “emotional distress. 2012 WL 3265002, at *5 (N.D. 8, 2012) (“For claims against trade associations in particular, public policy is ‘part of the legal mix’ and favors not imposing a duty.”); Lockman v. 3d 732, 745 (M.D.N.C.

Doctors 52
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Confident Learned Intermediaries Defeat Warning Causation

Drug & Device Law

2012), it had to apply the rule. The prescriber] provided explicit, uncontroverted testimony that, even when provided with the most current research and FDA mandated warnings, as well as the information found in [defendant’s] updated. . . 2012 WL 12848432, at *4 (E.D. Hamilton , 372 S.W.3d 3d 140 (Tex. 3d 704 (5th Cir.

FDA 59
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Who Needs a Lawyer in the Eleventh Circuit?

Drug & Device Law

The plaintiff in Jacob sued the manufacturer of a Class III, FDA premarket-approved medical device. First, the plaintiff’s non-parallel claims were “preempted to the extent” that they would have imposed “alleged labeling or manufacturing requirements that are different from, or in addition to, those imposed by the FDA.” 341 (2001).