Pharmaceutical Company Held Liable for Lawyer’s Suicide
4/27/17
By: Kristian N. Smith
A federal jury in Illinois recently held GlaxoSmithKline liable for the death of a Reed Smith LLP partner, Stewart Dolin. The jury found that the generic version of GSK’s Paxil caused Mr. Dolin to take his …
Higher Screening Standards Needed to Prevent Fentanyl Misappropriation in Hospitals
11/4/16
By: Robyn Flegal
A disturbing trend is on the rise. Hospital employees are misappropriating drugs intended for patients. The drug of choice is fentanyl, which has been used as a prescription painkiller since the 1960s, but is up to fifty …
FDA’s Draft Guidance on When to Submit A 501(k) Bolsters Potential for Medical Device Manufacturers to Argue that State Tort Claims are Impliedly Preempted
9/8/16
By: Michael Bruyere and Amanda Hall
On August 8, 2016, the FDA issued draft guidance on “Deciding When to Submit a 510(k) for a Change to an Existing Device.” Current regulations provide that a manufacturer of a medical device must …
From 3D Printing to 4D Printing – New Advances in Science Implicate Changes in Existing Products Liability Law
2/25/16
By: Amanda K. Hall
On January 25, 2016, researchers at Harvard University and The University of Illinois Urbana-Champaign detailed their creation of “4D-Printed” structures –made by mimicking the way orchids and other plants move and twist – that could ultimately …
MDL Procedures At-Risk For Closer Scrutiny Going Forward
1/21/16
By: Ryan Babcock
For years, the resolution of large-impact product defect and personal injury litigation has been shifting away from class actions in favor of Multidistrict Litigation cases that are consolidated in front of one judge in the federal and …
Insurance Application Omissions Not Enough to Rescind Policy
1/19/16
By: Kristian Smith
Insurers may need to pay closer attention to insurance applications. A Pennsylvania jury recently ruled that an insurer knew (or should have known) about omissions on an insurance application, preventing the insurer from rescinding the policy.
In …
Drug Distributors May Find Themselves Without a Defense
12/23/15
By: Michael Bruyere and Kristian Smith
Rising prescription drug abuse has put drug distributors under scrutiny in the last few years. Now, pharmaceutical companies are being sued for the economic costs associated with the epidemic, but they may not be …
FDA Approves First Drug Made by 3D Printing
9/1/15
By: Mike Bruyere
Additive manufacturing, or 3D printing, reached a significant milestone this month when the FDA approved the production of an epilepsy medication that will be marketed under the name Spritam. The new drug, developed by Aprecia, controls seizures …