The entire story from Law360 about Justice Jackson’s views during oral arguments to SCOTUS. As Purdue Pharma LP and its creditors pushed the U.S. Supreme Court on Monday to bless liability releases granted to members of the Sackler family who own it, a skeptical Justice Ketanji Brown Jackson said it was the owners themselves who […]
Discovery disputes that linger without resolution can materially affect the outcome of the case. In a Fort Lauderdale wrongful death case against Tesla, a Judge recently struck a human factors expert witness from the plaintiff’s witness list because the opinions were not timely disclosed, The lawyer for the parents off the decedent claimed the late […]
I successfully litigated a product liability case involving a Depuy knee implant and the surgeon who placed it. This recent verdict involves a different type of defect and a slightly different model. But the lesson remains true as always: medical malpractice cases are difficult, especially when mixed with product liability issues. Choose your lawyer carefully. […]
When I worked with my Father, we had a case involving catastrophic injuries in a Ford pickup rollover caused by an inoperable seatbelt. We won that case at trial and, to fully recover, we had to take the case to the Florida Supreme Court. I wrote about that case in a prior post linked just […]
FDA’s black box drug warnings can be powerful evidence in medical malpractice cases. But in Florida, they probably aren’t enough to relieve the requirement to have expert witness testimony. An Arizona appeals court on Tuesday revived a lawsuit alleging a urologist negligently prescribed an antibiotic that caused harmful side effects to a patient, saying medical […]
Whenever I read an operative report in a surgery gone bad, I wonder about the accuracy of the surgeon’s descriptions. Sometimes, the outcome and physical evidence make the descriptions untenable. We may be on the verge of something closer to a true, contemporaneous account of every surgery. The OR Black Box system, which was developed […]
Shortages of critical medications continue to rise—including drugs used in hospital emergency rooms and to treat cancer, prescription medications, and even common over-the-counter treatments like children’s cold and flu medicine. The number of active drug shortages in the U.S. reached a peak of 295 at the end of 2022. However, drug shortages are not a […]
I have had the honor to work with many medical experts and engineers responsible for developing important medical equipment, like the Hassan clamp. The Government should properly regulate the products they engineer. … although acute medical care presents myriad risks to patient safety, there is no category for devices designed to preserve that safety. Why […]
Link to the DOJ announcement below: FOR IMMEDIATE RELEASE Wednesday, June 5, 2019 Opioid Manufacturer Insys Therapeutics Agrees to Enter $225 Million Global Resolution of Criminal and Civil Investigations
From New Hampshire’s DOJ: In 2018, the state filed a complaint against J&J, alleging the company misrepresented their opioids as safer than other alternatives in their aggressive marketing campaign to prescribers and patients in New Hampshire. The state further alleged that J&J misrepresented their opioids as rarely addictive, negligently promoted the concept of pseudoaddiction, and […]
