Product Liability & Mass Torts Digest
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March 4, 2024
|3 min read
The litigation involved claims that type 2 diabetes drugs containing saxagliptin caused heart failure. The genesis of the claims goes back to 2008 when the FDA urged additional clinical studies examining diabetes drugs and cardiovascular risks.
March 14, 2023
|4 min read
Cherry-Picking Epidemiological Data Proves Fruitless for Zantac MDL Plaintiffs
The plaintiffs in the Zantac MDL faced a challenge that is common in products liability cases: How to handle evolving science and conflicting epidemiological data.
February 15, 2023
|7 min read
Zantac MDL Decision Highlights Need for Rigorous and Objective Approach in Bradford Hill Analyses
As part of our continuing commentary on the Zantac decision, this review examines the court’s rationale for doing so and highlights potential avenues for Daubert challenges to experts conducting Bradford Hill analyses.
February 14, 2023
|3 min read
The Zantac MDL Court recently reinforced the important role of general acceptance of an expert’s conclusions to a court’s Rule 702 admissibility analysis.
December 16, 2021
|10 min read
Several recent decisions have shed light on the courts’ willingness to dismiss a product liability action where the plaintiff lacks sufficiently reliable evidence of general causation—that is, evidence that the product can cause the purported negative outcome.
August 26, 2020
|9 min read
The Growing Challenges To Drug Cos.’ Preemption Defense
In the wake of the U.S. Supreme Court’s decisions in Wyeth v. Levine and Merck Sharp & Dohme Corp. v. Albrecht, drug manufacturers face challenges in establishing a preemption defense when they receive “newly acquired information” about a drug’s side effects without clear evidence that the U.S. Food and Drug Administration would have rejected a label change adding a warning of the risk of harm.