Senators Harkin, Leahy and Franken ask the FDA to permit generic drug manufacturers to make changes to the drug label. This includes adding new warnings. This will allow generic drug manufacturers to be sued for failing to warn for the side effects of their products. The Supreme Court recently ruled that injured people CANNOT sue [...]
Tag Archives | Preemption
Top Five News Stories Of The Week For December 16, 2011
Another week in the bank. Here are my picks for the top five stories of the week: Hospitals Adopt Drug Industry Sales Strategy. Hospitals are starting to sell themselves using ole’ pharma tactics! Plaintiffs Win Key Ruling On Preemption In Metoclopramide Mass Tort Litigation. A state trial judge in Philadelphia has denied generic drug manufacturers’ [...]
Medical Device Manufacturer Caught Red Handed, Patients Still Lose
Bottom-line: Medtronic pays doctors to recommend defective devices. Once those defective devices hurt the patient that patient cannot sue the manufacturer. Medtronic Inc. agreed to pay the United States $23.5 million to resolve allegations that it violated the False Claim Act by using physician payments related to post-market studies and device registries as kickbacks to [...]
Sony Says “No Sue For You”
A few months ago a group of hackers invaded Sony Playstation’s online service MULTIPLE TIMES. The hackers stole user credit cards and other personal data of users. As you can imagine, Sony was sued alleging poor security. Well Sony updated its “Terms of Service” last week and now you can no longer sue Sony for [...]
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The Rise and Fall of Consumer Advocacy: How The Supreme Court Is Taking Away Your Ability To Protect Yourself
This is the first article of a series exploring the rise and fall of consumer advocacy. Most people do not bother reading law related news. Rightfully so in my opinion, the stuff can be downright boring. However there is something insidious going on. The Supreme Court recently took away three very important consumer advocacy tools [...]
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The Bark is the blog of Mark Sadaka. Mark is the founder of Law Offices of Sadaka Associates LLC, advocate and scientist.
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