Drug & Device Law

AUGUST 22, 2022

This time, plaintiff pleaded “1) violation of [defendant’s] premarket approval; 2) breach of implied warranty; and 3) lack of informed consent (failure to warn).” Id. She also tried to sue three new defendants – a doctor, a medical society and the FDA itself. Mentor Worldwide LLC , 2014 WL 6390307 (D.S.C. 341 (2001).

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Drug & Device Law

JUNE 6, 2022

Further, “both doctors testified that they still prescribe [the drug] for patients with conditions similar to plaintiff’s condition.” Abbott Laboratories , 2014 WL 4197494, at *7 (C.D. 8, 2019) (no causation where prescriber “testified that none of the additional risk information. . . Schering Corp. , 2d 1140, 1148 (N.J.

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Drug & Device Law

MAY 30, 2022

The law presumes that licensed doctors know what they are doing. 1978), where a hypertensive patient was injured after being injected with the defendant’s drug – despite warnings that “expressly directed the doctor administering the drug to refrain from giving it to a patient with hypertension.” 2014 WL 3798338 at *17 (N.J.

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Drug & Device Law

APRIL 22, 2022

But what about cases where the plaintiff says, sure a stronger warning would not have influenced my doctor, but what about me? If my doctor had informed me, I would not have consented to the treatment. 2014) (applying California law)). The Ninth Circuit recently confronted a version of this scenario in Himes v.

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