Class Action

FDA Drug Regulation Preempts Failure-to-Warn Claim
The U.S. Court of Appeals for the Third Circuit ruled that the Food & Drug Administration's long history of regulating anti-depressants and its explicit rejection of a suicidality warning for the drugs Paxil and Zoloft preempts state-law based failure-to-warn claims...

SCOTUS to hear two big preemption cases
Wyeth v. Levine, certiorari to the Supreme Court of Vermont, will decide to what extent FDA regulation of warning labels preempts failure-to-warn claims. The solicitor general's brief nicely explains the stakes, and why reversal is merited now that the Court...

We Like Sykes Again
A year ago, on March 31, 2007, we published a post titled "We Like Sykes" about the Pennsylvania federal decision in Sykes v. Glaxo-SmithKline, et al., No. 06-1111, slip op. (E.D. Pa...

Federal Government Concedes Autistic Child Injured by Vaccines
The Vaccine Awakening blog has this post: Ever since the historic National Childhood Vaccine Injury Act of 1986 was passed by Congress and signed into law by President Reagan, federal health officials at the U...

Paul Offit in NYT
On the recent Poling vaccine-injury case:The system [the National Vaccine Injury Compensation Program, financed by a tax on every dose of vaccine] worked fine until a few years ago, when vaccine court judges turned their back on science by dropping...

Teflon Paste Failure-to-Warn Claim Preempted by Medical Device Amendments
In yet another case, a court has ruled that a failure to warn claim regarding a Class III medical device is preempted by the FDA's approval of the product for sale. In Mathis v. E.I...

Pet Food Recall and Deaths
Dogs and Cats Sickened by Tainted Menu Food Products

Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries

SSRI Birth Defects
allegedly causing birth defects, including heart defects and PPHN.

$69M Settlement Approved in Volkswagen, Audi Design Defect Class Action
$69M Settlement Approved in Volkswagen, Audi Design Defect Class Action

Paxil Heart Defects
alleging Paxil causes heart defects in newborns.

Gardasil
Merck's HPV Vaccine Linked to Paralysis

Poling Family Receives $1.5 Million in First Autism Vaccine Settlement
Poling Family Receives $1.5 Million in Autism Vaccine Settlement

False Claims
Attorney Robert Arledge ordered to pay $5.8 million after making false Fen Phen settlement claims.