Feb 15 2009

When You’re Lucky You Don’t Have A Medical Malpractice Case

One of the hardest things about my job is telling victims of medical malpractice that I cannot take their case.  And what I do not say, although it is usually true, is that most other lawyers in my position will not take it, either.
It is not that I am unusually picky, or mean spirited.   It is [...]

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Feb 13 2009

DAUBERT Serves Defendants Well In Medical Device Cases

 Sean P. Wajert, of the Mass Tort Defense Blog,  cites two recent federal cases to show that plaintiffs bringing products cases involving medical devices are not having an easy time meeting the Daubert standard. 
Daubert forces judges to act as a filter of proposed expert testimony, so that so called “junk science” and untested theories will [...]

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Feb 12 2009

News of Supreme Importance

Are you as tired as I am of waiting for the Supremes to issue their decision in the Wyeth case?  Well, here is something to think about until that day comes.
Marcia Coyle, writing in The National Law Journal (h/t to Law.com), reports that an esteemed group of law professors, former judges and practitioners have approached the [...]

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