To be certian there are very dedicated people who work inside Big Pharma to discover and market safe and helpful drugs. Unfortunately when the marketing arm takes control of the science bad things often happen. Below is anaccount of another chapter in the sad story surrounding the marketing of the drug Seroquel. By… Continue Reading
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Medical Device Manufacturers Can Not Hide Behind FDA Approval When Promoting Off Label
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In an extremely important case a Federal Court has ruled that Big Phrma companies can not hide behind FDA approval for injuries occurring as a result of off label promotion of medical devices. A common defense in medical device cases is that the FDA approved the product so we cant be held responsible. In this… Continue Reading
SEC HAS STARTED PAYING WHISTLE BLOWERS
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Many employess know secrets about what is going on within their companies that is illegal. Many are afraid to come forward eventhough the law protects them. The SEC has now provided some extra incentive. From NJ law JournalThe significance of the first whistleblower payment from the Securities and Exchange Commission wasn’t the size… Continue Reading
Judge finds TVA liable for spill of toxin-laden sludge.
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The AP (8/24) reports, “The Tennessee Valley Authority is liable for a huge spill of toxin-laden sludge in 2008 in Tennessee, a federal judge ruled Thursday.” As the AP notes, this decision ” is a victory for hundreds of plaintiffs who sued after a containment dike at T.V.A.'s Kingston Fossil Plant burst in 2008.… Continue Reading
Unnamed sources say J&J will pay $600K to settle DePuy hips suits.
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I usually don't put much stock in these kinds of reports. In this case I think the report is credible for two reasons. First I have personally seen the underlying liability documents in these cases in representing my own clients. Having seen first hand the evidence i would settle too if i was advising J&J.… Continue Reading
NEWSPAPER NOT ON THE HOOK FOR LINKING TO ARTICLE ON WEBSITE
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In today's world the Internet is replete with republication of other articles . This is especially true when it comes to blogs and other social media. In this regard ,The U.S. Court of Appeals for the Third Circuit has held that a link on a newspaper website that leads readers to other stories is not… Continue Reading
Suit Over Breastfeeding Video That Became Porn Goes Ahead
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In an important case a Judge puts the breaks on the practice of republishing videos that cast the subjects in a bad light not intended by original filming. A mother who took part in an educational video on breastfeeding only to find the images splashed across pornography web sites can sue the original producer, a… Continue Reading
Wells Fargo settles mortgage bias complaints with DOJ for $175 million.
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Unfortunately, in the economic downturn predatory lending is coom place. Discrimination is part such practice. This case addresses such practice head on. The Justice Department announced on Thursday that it has settled charges of mortgage discrimination with Wells Fargo, the nation’s largest home mortgage lender. Under the terms of the settlement, Wells Fargo will… Continue Reading
Bayer AG says Yasmin settlements have increased to $402.6M.
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Good news for women wrongfully injured as a result of taking Yaz. In light of this development it seems likely that all cases will settle in the not too distant future. Bloomberg News (8/1, Feeley, Kresge) reports that Leverkusen, Germany-based Bayer AG “said settlements of US lawsuits over claims that its Yasmin [drospirenone and… Continue Reading
Missouri Supreme Court strikes down cap on medical malpractice awards.
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In a case of national importance, the Missouri Supreme Court strikes dwon the cap on damages. Caps are the product of right wing tort deform movement to unfairly limit the rights of the wrongfully injured. The St. Louis Post-Dispatch (7/31, Bernhard) reports, “The Missouri Supreme Court struck down on Tuesday a $350,000 limit on jury… Continue Reading