In Himes v. Somatics, LLC, No. S273887, 2024 WL 3059637 (Cal. June 20, 2024), the Supreme Court of California delivered a win to the defense, upholding the learned intermediary doctrine in cases involving prescription drugs...more
The learned intermediary doctrine is not sexy. Its application doesn’t require depositions or a jury trial. Look no further than its name: it’s a legal doctrine. Nevertheless, drug and device manufacturers still face a...more
The world is waiting as pharmaceutical drug manufacturers rush to create products that can cure and treat COVID-19. In all likelihood, these products will require a doctor’s prescription before patients can access it....more
On December 18, 2018, the Arizona Supreme Court issued an opinion clarifying manufacturers’ duty to warn consumers under Arizona common law. The Court held that the federal Medical Device Amendments (“MDA”) impliedly...more
MASSACHUSETTS - Massachusetts Supreme Judicial Court Applies “Transient Jurisdiction” Doctrine To Hold Nonresident Individuals’ Intentional, Knowing And Voluntary Presence In Massachusetts At Time Of Service Sufficient To...more