FDA Issues Guidance on Correcting Third-Party Misinformation About Prescription Drugs & Medical Devices on Internet and Social Media
The internet and social media can provide a wealth of information for patients and consumers of healthcare services. However, due to the way that information is created and shared, it is possible for incorrect or incomplete information to be published online which can put patients at risk. The FDA recently issued a draft guidance for manufacturers of drugs and medical devices related to user-generated (independent third-party) internet content which addresses the correction of misinformation about an FDA approved product.
Congratulations! You landed a great case with a great client. Unfortunately, the case is out of your jurisdiction. Do you still take the case? The answer is “yes” if you can find and hire effective local counsel. I have been fortunate in my career to be hired as local counsel and to have needed to hire local counsel myself. Based on my experience, here are a few hiring tips for those seeking local counsel:
By: Jonathan A. Knoll, Attorney
In a previous blog article, I wrote about the impact that the United States Supreme Court’s 2013 decision in Mutual Pharmaceutical Co., Inc. v. Bartlett had on injured consumers of generic drugs. In Bartlett, the Court held that state-law design defect claims against generic drug manufacturers that turn on the adequacy of a drug’s warnings are pre-empted by federal law. Bartlett was an extension of the Court’s 2011 decision in PLIVA, Inc. v. Mensing, which found that state-law failure to warn claims against generic manufacturers are pre-empted under federal law.
by: David J. Cutshaw, Attorney
Medical Malpractice Claims by non-patients–are they permitted in Indiana? The law in Indiana generally requires there to be a patient/physician relationship before a medical malpractice claim can be filed against a doctor. A recent case decided by the Indiana Supreme Court, however, recognized that in certain situations, a person may sue a doctor even if he or she was not the doctor’s patient.
A considerable amount of buzz has surrounded the use of 3-D printing technology lately. Forbes magazine recently reported on Wall Street investors’ increasing interests in 3-D printing companies and the anticipated growth of the industry. Medical science has also reported stories of lives being saved or improved by the use of 3-D printed medical devices. In one case, the life of a 3-month old boy with a rare bronchial condition was saved by the use of a 3-D printed stent. Other medical devices that have been manufactured using 3-D printers include prosthetics, skull implants, and hearing aids.
People hire attorneys for many different reasons. What if you were involved in a car accident and were seriously injured? What would you do if you had a medical emergency and discovered that the cause may have been a medication that you were taking? How would you react if you learned that a medical device that was used to help your body recover from an injury actually caused life-threatening side effects or worsened your injury?
Ouch! Yeah, that title hurts. But, we have all been there. As we all know, jury trials just are not as common as they used to be, and it is not unusual for an experienced litigation associate to not have a jury trial under his or her belt.
What happens when that day has finally arrived? A partner or senior associate needs your help for an upcoming trial, and approaches you to help. What now? Your first jury trial is staring you in the face? What can you do to help make the trial less nerve wracking?
I recently had a conversation with a lawyer for a large pharmaceutical manufacturer. We were discussing the merits of a particular mass tort case. Near the end of our talk, he asked me whether I believed the pharmaceutical industry had any good intentions or purpose. I was a little shocked by his question and believe he asked me because of the heated debate that we had. I obviously gave him the impression that I was for the immediate destruction of the pharmaceutical industry, but this is not the case.
I am a trial lawyer. I make my living representing injured plaintiffs. I chose my profession because I believe in helping people. Many of the clients that I represent have had their lives permanently changed because of a defective medical device or drug. I feel a great sense of duty to help these people seek justice and receive compensation for their injuries so they can put their lives back together.
People generally assume that because someone is a lawyer, they must know about every area of law. While lawyers might have a basic understanding of multiple areas of law, asking a tax lawyer about class actions and mass torts, is the equivalent of asking a pediatrician about brain surgery. While the paths of class actions and mass torts may cross paths, they are separate and distinct legal proceedings. People often, understandably, confuse the two.
Life is full of exciting moments…