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Posted in Effexor on June 17, 2013
According to a California federal District Court, a California company that distributed anti-anxiety and anti-depressant drug Effexor was not fraudulently joined in a products liability failure to warn action against Pfizer, Inc., Pfizer International LLC and Wyeth Pharmaceuticals, Inc., the drug’s manufacturers, and McKesson Corp., the its distributor. As a result, the action was sent…
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Posted in Dangerous Drugs on June 6, 2013
According to The New York Times, an animal study requested by Merck for its type 2 diabetes drug, Januvia, revealed worrisome changes in the pancreases of rats, leading to follow-up studies which now threaten the future of the lucrative diabetes drug, as well as all other drugs in its class.
Posted in Liability Releases on June 6, 2013
Rodriguez v. Oto, (Sixth District, January 15, 2013) 212 Cal.App.4th 1020, 151 Cal.Rptr.3d 667, 13 Cal. Daily Op. Serv. 602, 2013 Daily Journal D.A.R. 636 A man who was injured in a collision with a rented automobile retained an attorney the day after the accident, and seven months later reached a settlement releasing the rental…
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Posted in Medical Malpractice on May 30, 2013
Yun Hee So v. Sook Ja Shin, HP, (Second District, January 3, 2013) 212 Cal.App.4th 652, 151 Cal.Rptr. 34d 257, 13 Cal. Daily Op. Serv. 168, 2013 Daily Journal D.A.R. 153 A woman who awoke while under anesthesia during a D & C procedure following a miscarriage, filed an action against the anesthesiologist as well…
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Posted in Physician Payment Sunshine Act on May 30, 2013
The Physician Payment Sunshine Act (PPSA) was not established to replace state laws, but to build on them and remove redundancies. The PPSA requires “applicable manufacturers,” defined as “a manufacturer of a covered drug, device, biological, or medical supply,” to disclose payments and additional transfers of value to physicians or teaching hospitals. The Act defines…
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Posted in Physician Payment Sunshine Act on May 27, 2013
In addition to the gift ban laws discussed in our last series post, certain states require drug companies to adopt general compliance programs. Both Connecticut and California require drug companies to adopt such programs in accordance with the Office of Inspector General’s “Compliance Program Guidance for Pharmaceutical Manufacturers.” There are several elements in the guidance…
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Posted in Elder Abuse on May 23, 2013
Daniels v. Sunrise Senior Living, Inc., (Fourth District, January 4, 2013) 212 Cal.App.4th 674, 151 Cal.Rptr.3d 273, 13 Cal. Daily Op. Serv. 250, 2013 Daily Journal D.A.R. 185 A woman whose 93-year-old mother died following her stay at a residential care facility for the elderly filed an action against the owners and operators of the…
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Posted in Physician Payment Sunshine Act on May 23, 2013
In the first part of our Physician Payment Sunshine Act blog series, the experienced pharmaceutical litigation lawyers at Robinson Calcagnie Robinson Shapiro Davis, Inc. discussed existing disclosure laws of several jurisdictions. The disclosure of high-cost gifts was one of the stipulations of these laws, but there are also states which have established laws banning certain…
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Posted in Physician Payment Sunshine Act on May 20, 2013
The Patient Protection and Affordable Care Act of 2010 includes, among its provisions, the Physician Payment Sunshine Act (PPSA), which generally requires that pharmaceutical companies disclose payments to physicians for the marketing of their products. It is the first Congressional effort in the regulation of disclosure-related pharmaceutical marketing. The PPSA took effect in January 2012,…
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Posted in Products Liability on May 16, 2013
Fortman v. Förvaltningsbolaget Insulan AB, (Second District, January 10, 2013) 212 Cal.App.4th 830, 151 Cal.Rptr.3d 320, 13 Cal. Daily Op. Serv. 437, 2013 Daily Journal D.A.R. 441 A woman who suffered severe emotional distress when she witnessed her brother drown while they were scuba diving together, filed a products liability action against the manufacturer of…
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