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Med Mal News

ALM Staff & Law Journal Newsletters

Recent news you need to know.

Features

Agreement in Principle Made to Settle Majority of Zyprexa' Litigations Image

Agreement in Principle Made to Settle Majority of Zyprexa' Litigations

ALM Staff & Law Journal Newsletters

Eli Lilly and Company announced on June 9 that it had agreed in principle to a settlement with most of the plaintiffs involved in the Zyprexa liability litigation. Eli Lilly, an Indiana company, expects to take a pretax charge of at lease $700 million in the second quarter of 2005 to cover the settlement costs.

Features

Using Daubert to Defeat Causation in the Delayed Diagnosis Claim Image

Using Daubert to Defeat Causation in the Delayed Diagnosis Claim

Victoria M. Davis & Brian R. Stimson

<b><i>Part Two of a Two-Part Article</i></b>: The <i>McDowell</i> case discussed in the first part of this article presented the question of "whether it is so if an expert says it is so." <i>See Viterbo v. Dow Chem. Co.</i>, 826 F.2d 420, 421 (5th Cir. 1987). <i>Daubert</i> and its progeny answered in the negative and established that an expert may not present a bare causation conclusion to the jury when that expert has no scientific basis for that conclusion or for any of the predicate inferences leading up to it. The <i>McDowell</i> claim failed because a physician's personal clinical experience, sometimes called anecdotal experience, is simply not a proper scientific basis for causation opinion testimony.

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Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings you need to know.

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Med Mal News

ALM Staff & Law Journal Newsletters

National news you need to know.

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Drug & Device News

ALM Staff & Law Journal Newsletters

All the latest you need to know.

Is Patient Satisfaction a Factor in Lawsuits? Image

Is Patient Satisfaction a Factor in Lawsuits?

Linda S. Crawford

Doctors feel hurried these days, and they resent it. They believe that the demands of their days have caused them to spend less time with patients. They also believe that their patients resent it. Let's look at what has really happened to the office visit -- and then let's see if better patient satisfaction levels correlate with fewer lawsuits.

Features

Manufacturer Agrees to Pay $74 Million Image

Manufacturer Agrees to Pay $74 Million

Janice G. Inman

Natick, MA-based Boston Scientific Corp. has agreed to pay $74 million to the United States to resolve an ongoing investigation concerning its 1998 distribution and subsequent recall of one of its coronary stent delivery systems. In agreeing to the settlement, the company did not admit to any wrongdoing.

Defending the Pediatric Traumatic Brain Injury Case Image

Defending the Pediatric Traumatic Brain Injury Case

Eric L. Probst

Each year, millions of Americans, including some children, suffer non-penetrating, or closed, head injuries. When lawsuits result, they involve complex medical, academic, and legal issues. When the plaintiff is a child, the defense attorney faces numerous additional challenges in defending the matter. Certain discovery tools are necessary to simplify and defend the pediatric traumatic brain injury (TBI) lawsuit. These tools, although also used in traditional personal injury cases, take on added significance because of the age of the plaintiff and the nature of the injury.

Fen-Phen: The Never-Ending Story Image

Fen-Phen: The Never-Ending Story

Janice G. Inman

The national settlement of the fen-phen lawsuits was intended, among other things, to help defendant Wyeth, one of the world's largest pharmaceuticals manufacturers, put the lawsuits behind it. However, the number of claimants who opted out of the settlement is huge, and many of their cases are now coming to trial, with mixed results. Recently approved changes to the settlement process are also altering plaintiffs' rights. In short, the last chapter of this epic litigation is a long way from being written. So, what is happening with the fen-phen settlement and litigitions?

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