News & Analysis as of

Liability Pharmaceutical Industry

Searcy Denney Scarola Barnhart & Shipley

Cancer and Medication: Advocating for Yourself and Your Health

Unfortunately, the risk of a cancer diagnosis is a very real concern with many common (and not-so-common) medications. While drug companies have a legal duty to ensure that their medications are safe, these companies don’t...more

Hissey, Mulderig & Friend, PLLC

Depo-Provera Birth Control Shots and the Risk of Meningioma Brain Tumors

Depo-Provera, a birth control injection containing the hormone medroxyprogesterone acetate, has been widely used for decades as a convenient contraceptive option. For many women, the Depo shot offered an alternative to daily...more

Hissey, Mulderig & Friend, PLLC

Ozempic & Wegovy Users Report Vision Loss: Could Semaglutide Be Linked to NAION?

The diabetes drugs Ozempic and Wegovy have been linked to an increased risk of sudden vision loss and blindness due to a rare eye condition known as NAION (non-arteritic anterior ischemic optic neuropathy)....more

Paul Hastings LLP

The Verdict Is In: SuperValu Wins at Trial Despite Knowingly Submitting False Claims

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In 2023, we wrote about the Supreme Court’s decision in United States ex. rel. Schutte v. SuperValu Inc. interpreting the False Claims Act’s (FCA) scienter standard to require inquiry into a defendant’s subjective knowledge....more

Morris James LLP

Meningiomas and Depo-Provera: Where to Get Help

Morris James LLP on

Depo-Provera, a commonly used injectable contraceptive, has been linked to an increased risk of meningiomas, which are a type of brain tumor. If you or someone you know has been diagnosed with a meningioma after using...more

Morris James LLP

Depo-Provera Litigation Update: What Comes Next in the Legal Process?

Morris James LLP on

The recent decision by the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate Depo-Provera lawsuits into MDL No. 3140 in the Northern District of Florida marks a critical step forward for individuals who...more

Epstein Becker & Green

First Circuit Joins Sixth and Eighth Circuits in Adopting “But-For” Causation Standard Under the Federal Anti-Kickback Statute for...

Epstein Becker & Green on

In 2010, as part of the Affordable Care Act, Congress resolved a highly litigated issue about whether a violation of the Anti-Kickback Statute (AKS) can serve as a basis for liability under the federal False Claims Act (FCA)....more

Morris James LLP

Meningioma and Birth Control Lawsuits: The Case Against Depo-Provera

Morris James LLP on

Women across the country are taking legal action against Pfizer, the manufacturer of Depo-Provera, alleging that the company failed to warn about the risks of developing meningiomas — generally non-cancerous but potentially...more

Pierce Atwood LLP

Opioids and Common Law Liability for Indirect Economic Harm

Pierce Atwood LLP on

Earlier this month, the Law Court weighed in on a hot-button legal issue—the potential liability of opioid manufacturers for the costs of the drug epidemic. In Eastern Maine Medical Center v. Walgreen Company, the Law Court...more

Gardner Law

Product Liability Prevention: A Proactive Approach for FDA-Regulated Industries

Gardner Law on

Medical device, drug, food, cosmetic, and other FDA-regulated product manufacturers face the constant threat of product liability lawsuits. Claims of injuries from allegedly defective products can lead to significant...more

Foley & Lardner LLP

Distributor’s Claims Against Manufacturer Under Puerto Rican Law Are Denied

Foley & Lardner LLP on

Lyvette Mercado Velez, a dietitian, entered into a distribution agreement with Insulet Corporation, a leading medical device manufacturer, to promote and sell diabetes treatment products and services in Puerto Rico. Shortly...more

Morrison & Foerster LLP

Cases to Watch: Gilead Life Sciences v. Superior Court

The California Supreme Court granted review in Gilead Life Sciences v. Superior Court—a hopeful turn of events after lower courts issued decisions that resulted in an unprecedented expansion of negligence liability for...more

Dentons

Ep. 4 - Ozempic, Wegovy, and the New Compliance Risks for Providers

Dentons on

Diabetes and obesity drugs have skyrocketed in popularity as of late. According to a report released by Trilliant Health in September 2023, healthcare providers in the United States wrote more than 9 million prescriptions for...more

A&O Shearman

Limitation of liability under the microscope

A&O Shearman on

The High Court has held a limitation clause in a research agreement would be effective to limit liability for dishonesty, though not fraudulent misrepresentation. Research paper errors give rise to dispute - Innovate...more

McDermott Will & Schulte

[Webinar] Contracting in Biotech and Pharmaceutical Manufacturing - March 31st, 2:30 pm - 3:30 pm CET

Companies frequently encounter challenges in the manufacture and supply of their innovative products, in particular with respect to process development and production capacity. In our latest webinar, we review how key...more

Robins Kaplan LLP

Robins Kaplan Justice Report Winter 2021 | VOL. 15 NO. 1

Robins Kaplan LLP on

ESTABLISHING DUTY IN CHILD SEX ABUSE CASES AGAINST THE JEHOVAH’S WITNESSES - In 2019, 13 states and the District of Columbia amended civil statutes to enlarge statutes of limitations for child sex abuse claims. Eight of...more

American Conference Institute (ACI)

[Virtual Event] FCPA & Anti-Corruption for the Life Sciences Industry - April 14th, 10:00 am - 6:00 pm EDT

Virtual Forum on the FCPA & Anti-Corruption for the Life Sciences Industry will take place on April 14, 2021 (Eastern Daylight Time). This is the only practical, comprehensive anti-corruption event that is truly tailored to...more

Holland & Knight LLP

PREP Act: Liability Protection Is Available During COVID-19 Pandemic

Holland & Knight LLP on

Issues relating to liability for pharmaceutical, personal protective equipment (PPE) and diagnostic test businesses as well as for physicians and healthcare personnel in the coronavirus (COVID-19) context remains a salient...more

Troutman Pepper Locke

HHS Issues Advisory Opinion Clarifying Prep Act Immunity

Troutman Pepper Locke on

In response to a wave of questions from organizations looking to contribute to the fight against COVID-19, HHS recently clarified the bounds of immunity under the Public Readiness and Emergency Preparedness (PREP) Act, which...more

Hogan Lovells

HHS guidance confers PREP Act immunity to pharmacists for certain COVID-19 tests

Hogan Lovells on

On April 8, 2020, the Office of Assistant Secretary for Health (OASH), in the U.S. Department of Health and Human Services (HHS) issued Guidance for Licensed Pharmacists, COVID-19 Test, and Immunity Under the PREP...more

McGuireWoods LLP

Countermeasures and Why They Matter for Liability During COVID-19

McGuireWoods LLP on

Under the Public Readiness and Emergency Preparedness Act, the secretary of the U.S. Department of Health and Human Services can issue a declaration to provide immunity for individuals and entities from any liability arising...more

American Conference Institute (ACI)

[Event] False Claims and Qui Tam Enforcement Forum – Strategies to Respond to the Rapidly Changing Landscape of False Claims Act...

With more than 34.8 billion recovered by the government since 2010 under the federal False Claims Act, it has never been more crucial for private practitioners and corporate in-house counsel to keep abreast of the changes and...more

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