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. procedure that existed at the time of [plaintiff’s] injury”; malpractice was “intervening cause”) (applying Kansas law); Eck v. 2014 WL 1276489, at *6 (E.D.

FDA 59
article thumbnail

Guest Post – Curling Up With a Good Reasonable Alternative Design Opinion

Drug & Device Law

She sued the gynecologist, not the surgeon who implanted the mesh, for failing to obtain informed consent for the implant. But anyone who has a medical malpractice defense practice will be interested in that rationale. at *20 (citing Casey v. Toyota Motor Engineering & Mfg. 3d 322, 331 (5th Cir. That’s right.