FDA Black Box Warnings

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 […]

Robot Lawyers and Judges?

If they’re working on AI lawyers and AI judges, why not AI juries? #7A Today, an artificial intelligence firm made a curious offer for any lawyer or person with a case coming up at the Supreme Court to allow an AI to feed them lines, promising anyone who goes through with it will receive $1 million in […]

Conflicts In Medical Studies (Extravascular ICD)

If you go to the credits on the article, you learn a little about how global medical device manufacturers like Medtronic “support” the investigations conducted by health care organizations like Mayo Clinic and the New England Journal of Medicine into the safety of their new products. A link to the NEJM article on the Mayo […]

New OTC Laxative Recalls

Here is a link to my experience with product liability litigation. wdeft Practice Area: Product Liability Product liability applies to over the counter medicines like Tylenol as well as prescribed pharmaceuticals. Here is a story on a recent OTC laxative recall. Vi-Jon issued a recall a few weeks ago for various laxative products, warning that […]

Transplant Lists (are broken)

The system for getting donated kidneys, livers and hearts to desperately ill patients relies on out-of-date technology thathas crashed for hours at a time and has never been audited by federal officials for security weaknesses or other serious flaws, according to a confidential government review obtained by The Washington Post. If you ever wondered, yeah, […]

The Lazarus Phenomenon

I look at the world through a gothic lens. I love the old and traditional mixed with the new and modern. “The Lazarus Phenomenon” describes the spontaneous return of electrical heart function and circulation after CPR (often abbreviated in a medical record as ROSC). It was first described in 1982 when I was in college. […]

Why is rehab important?

Rehabilitation is relevant in personal injury litigation in two important ways. First, there are present rehab needs that must be recognized and fulfilled by treating care providers. This requires detailed attention to the physical problem at issue and the patient’s ability to work through those problems. Time and attention are the keys to the treatment […]

Earth Day and Shadow Docket Shenanigans

The story on the case of Louisiana v. American Rivers in the Environmental Law Institute is here: Justice Thomas and Shadow Docket Abuse By nonetheless granting relief, the Court goes astray. It provides a stay pending appeal, and thus signals its view of the merits, even though the applicants have failed to make the irreparable […]

Our Dog Was Sick Over The Holiday

And the local vet and I were limited to x-rays and bloodwork which only ruled out the basics. The medicines we chose in the absence of other evidence left the dog lame and unable to get up and about. Specialty services were not available for weeks and required a three-hour drive (each way). We got […]

Communication Breakdown (The Theranos Trial)

Communication breakdown / Its always the same As the federal fraud trial against Theranos’ Elizabeth Holmes winds down, her lawyer argued a “fundamental disconnect” in the evidence. The charges revolve around Theranos’ blood testing devices. Holmes is charged with deliberately misleading investors from whom Theranos put together $700 Million in capital regarding the technology’s capability. […]