Mar 18 2009

New England Journal of Medicine Sides with Patients Against Medical Device Makers

An editorial in today’s New England Journal of Medicine laments the result of the Riegel v. Medtronic decision, based mostly on the NEJM’s concern that “preemption will result in medical devices that are less safe for the American people.”  The editors point to the most recent example of preemption in action, in which a district court judge [...]

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Mar 5 2009

Open Wide, But Don’t Say…Anything Negative

Your doctor examines you, and in the process, proves himself an incompetent creep with not a hint of a bedside manner.  You’d like to share your experience online, so that other potential patients don’t make the same mistake.  Can you do it?  Maybe not, if “Medical Justice” has gotten to your doctor first.  According to [...]

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Mar 4 2009

U.S. Supreme Court Decides Wyeth v. Levine, Holding There Is No Federal Pre-emption

The U. S. Supreme Court has issued its long-awaited decision in Wyeth v. Levine, according to Bloomberg News,   And the news is not good for Wyeth. The Court held that: “Federal law does not pre-empt Levine’s claim that Phenergan’s label did not contain an adequate warning about the IV push method of administration.”  That’s [...]

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