Settlement Negotiating Psychology: “Tit for Tat” Negotiating Ploys
Gauging the next “move” based solely upon how much the other side has budged- “tit for tat” negotiations with no bearing on one’s own case evaluation is another common mediation mistake. It is...
View ArticleYaz Lawsuit
Bayer, the manufacturer of Yasmin and Yaz birth control, is slowly moving in the right direction by strengthening its warning about blood clots. There is no plan to update the warning with respect to...
View ArticleProblem with Drug Research Test for Safety and Efficacy
The first line in this editorial adequately summarizes the problem that leads to unsafe drugs and medical devices: What would your reaction be if the results of a football match were reported as 5:0 by...
View ArticleYaz Lawsuits and Plaintiff Fact Sheets
The Drug and Device Law Blog writes whines about inadequate fact sheets in the Yaz Yasmin MDL. Plaintiff Fact Sheets are basically questionnaires that serve as interrogatories in mass tort cases. In...
View ArticleActos and Cancer
The FDA is currently investigating a possible association between the diabetes drug Actos (pioglitazone) and an increased risk of bladder cancer. Actos is commonly prescribed to treat type 2 diabetes...
View ArticleMaryland Actos Lawsuits
An MDL Panel ruled this week that any Actos lawsuits filed in federal court in Maryland will be consolidated in Louisiana. Actos is another drug for type 2 diabetes that has helped treat the diabetes,...
View ArticleWhat Is the Cost of a Mass Tort Lead?
I get so many emails from so many marketing companies. Just today I got an offer to write a guest post on this blog (no), an email telling me that I rank poorly in Salisbury, Maryland on the search...
View ArticleBaltimore Dialysis Injury Cases: What Happened?
If you are on dialysis, you are vulnerable. Obviously. The last thing you need is someone who pretends to provide a product that helps while actually knowing that the product is going to create a risk...
View ArticleMaryland Pradaxa Lawsuits
One drug that has attracted the attention of plaintiffs’ lawyers in massive numbers is Pradaxa. There are not a lot of cases – you can call it a mini mass tort. But they are very strong cases that I...
View ArticleMaryland Xarelto Lawsuits Consolidated in Louisiana
All Xarelto lawsuits, including lawsuits to be filed by Maryland residents, will be consolidated before U.S. District Judge Eldon E. Fallon in the Eastern District of Louisiana. This happened quickly....
View ArticleXarelto MDL Litigation Update for Maryland Victims
In 2011, Bayer and Johnson & Johnson introduced Xarelto as a new generation anticoagulant (blood thinner) medication for use in preventing blood clots in atrial fibrillation patients and after knee...
View ArticleAbilify Gambling Lawsuits Are Getting Ready to Settle?
June 2018 Update: Abilify lawsuits may be very close to a settlement. There were three cases set to go to trial in the federal MDL. They are settled. These cases may settle very soon. If you have...
View ArticleZostavax Lawsuit February 2019 Update: Federal Court Trials on Tap
Zostavax Trials Set for 2020 U.S. District Judge Harvey Bartle of the Eastern District of Pennsylvania has selected the initial “bellwether” cases in the Zostavax MDL. The bellwether...
View ArticleProblem with Drug Research Test for Safety and Efficacy
The first line in this editorial adequately summarizes the problem that leads to unsafe drugs and medical devices: What would your reaction be if the results of a football match were reported as 5:0 by...
View ArticlePreemption in the Media
The Supreme Court’s ruling in Medtronic v. Riegel has largely been ignored by broadcast media. But I found a clip from MSNBC’s “Countdown with Keith Olbermann” on preemption and President Bush’s...
View ArticleWyeth v. Levine!
Wyeth v .Levine!!!! Plaintiffs’ lawyers have seen drug (and medical device) injury victims take punch after punch. But in a huge win for patient safety, the Supreme Court upheld in a 6-3 ruling today...
View ArticleNew Massachusetts Opinion on Duty and Foreseeability
A hospital did not breach a duty of care as a matter of law to a police office who was injured responding to a traffic accident allegedly caused by a just-released colonoscopy patient, Massachusetts’...
View ArticleProduct Liability Lawyer Accused of Misconduct
The Courier-Journal in Louisville, Kentucky has an article on an amazing lawsuit in Kentucky in yet another derivative claim of the fen-phen litigation. Plaintiff claims that her lawyers told her that...
View ArticleJudge Rejects Gilead’s Motion to Dismiss in HIV Drug Lawsuit
A lawsuit against Gilead Sciences, a prominent drug company known for its HIV medications, has been allowed to continue in federal court after the company filed a motion to dismiss the claims. Although...
View ArticleXeljanz Blood Clot Lawsuits
A mass tort that has been getting a lot of attention from lawyers around the country in recent weeks is Xeljanz blood clot lawsuits. Xeljanz now has a boxed warning, the FDA’s most severe safety...
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