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 expert testimony was not required because the U.S. Food and Drug Administration issued a “black box” warning about the drug.
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About Author
Bill Thompson, Jr. is a trial lawyer with extensive experience seeking compensation for serious harm caused by, among others, Hospitals, Physicians and other healthcare providers (Federal and State), Manufacturers of dangerous products and drugs (Ford, General Motors, Michelin, and pharmaceutical companies), Common Carriers (US Airways, Carnival Cruise Lines), Class Actions involving Data Breaches, product liability, Airline Crashes, and any other negligent act leading to harm for many. We have nationwide experience in State and Federal courts, traveling wherever significant cases merit. We are often asked to appear in cases by motion with local partners in places as varied as Michigan, Massachusetts, West Virginia, Pennsylvania, Georgia, and every jurisdiction in Florida.
