Revised PhRMA Code Provides a New Roadmap
Providing physicians with up-to-date, accurate information about the medicines they prescribe clearly improves patient care and advances health care in general. Nonetheless, the public health need for informed and educated HCPs may, at times, create tension with the pharmaceutical industry's perceived drive for profits.
Practice Tip
Over the past decade, plaintiffs have stepped up their assaults on federal diversity jurisdiction in pharmaceutical and medical device litigation. Along with their efforts to chip away at the learned intermediary doctrine, plaintiffs increasingly are attempting to join local sales representatives fraudulently in order to defeat diversity.
A Review of Recent Medical Monitoring
Courts have historically been divided over several key elements with respect to what a plaintiff must prove to support a claim for medical monitoring. In this article, we review recent decisions regarding medical monitoring and assess whether there has been any consensus among the courts as to whether an actual, present physical injury is required to support a medical monitoring claim and whether class certification is appropriate for medical monitoring claims.
More Bad News for Structured Finance?
While politicians scramble to preserve <i>Fannie Mae</i> and <i>Freddie Mac</i>, more trouble for financial markets looms on the horizon. Proposed changes to accounting rules for securitization vehicles could decrease the significant role of structured finance in providing the liquidity that sustained recent economic expansion.
Case Notes
Highlights of the latest product liability cases from around the country.
The Impact of New Vehicle Technology: Reaffirming Parental Responsibility in Automotive Safety Cases
Product liability litigation sometimes arises when children are injured in and around motor vehicles ' whether it involves a moving or non-moving vehicle. When evaluating responsibility, the acts, omissions, and fault of the caregiver, parent, or person responsible for the child must be considered. In defending this type of litigation, evaluating such responsibility is part of the overall analysis of the design and performance of the motor vehicle and whether having different or additional safety technology would have made a difference or resulted in a different outcome.
A Primer on Counterfeit Products: What Should A Company Consider?
What duty, if any, do companies have to police the marketplace and protect consumers against dangers arising from counterfeits? These counterfeits, a number of which are manufactured in China, are generally of a much lower quality and are manufactured without appropriate QA/QC mechanisms that many large companies have in place.
