Beware: Packaging Defect May Lead to Unwanted Pregnancy
Last week, Qualitest Pharmaceuticals announced that it was recalling birth control pills due to a packaging error which left women at risk for unplanned pregnancies. Qualitest discovered that select...
View ArticleRewriting David and Goliath: Plaintiffs’ attorneys get payoff in Vioxx...
On August 9, 2011, the Eastern District of Louisiana approved the distribution of attorneys’ fees following the global settlement of litigation involving Merck’s troubled drug Vioxx in In re Vioxx...
View ArticlePreemption Returns to South Carolina
The topic of preemption comes up regularly in our posts, because it is such an important issue in products liability litigation. As you can imagine, most of the cases come out of the drug context –...
View ArticleWhen a $158 million settlement is a “Victory”
On Thursday, January 19, mega-company Johnson & Johnson and the State of Texas reached a settlement for the bargain price of $158 million in a Medicaid fraud lawsuit. The allegations? That...
View ArticleOf Pro Se Plaintiffs and Drug Warnings
My two-year-old son had an ear infection last week and, like a good mother, I took him to the pediatrician, who prescribed a liquid antibiotic with a name that, despite my seven years of higher...
View ArticleNew Jersey Court: No Dice on “Innovator Liability”
A basic principle of products liability law is that liability follows the product in the chain of distribution. In other words, if the manufacturer did not make the product, it cannot be held liable....
View ArticleClik here to view.
A Very Brief Primer on the FDASIA
On July 9, the Food and Drug Administration Safety and Innovation Act (FDASIA) was signed into law by President Obama. Thanks to the FDA Law Blog for the correct pronunciation of the...
View ArticleEighth Circuit Engages Drug Manufacturer in Semantic Exercise
I know you lawyers can, with ease, twist words and meanings as you please. - John Gay We here at Abnormal Use imagine the 18th Century wordsmith uttered these words in a derogatory tone, but we can...
View ArticleWater, Water Everywhere and Not a Drop to Drink (If You’re Downstream)
Recently, I had a great conversation with the executive director of a facility that processes wastewater. Inevitably, the conversation turned to the scandalous parts of his job. So, I asked, ever find...
View ArticleVice Squad: Dopamine Agonist Agony
It was a slow news day at the world headquarters of Abnormal Use. Oh sure, the global economy was in the process of melting down. Washington had just created a super-Congress. And Tiger Woods was...
View Article
