Current Trends in Tort Reform and Pharmaceuticals Manufacturers’ Liability: Michigan’s Combination Product Exception

Pharmaceuticals Litigation Overview Pharmaceuticals litigation is usually expensive, lengthy, and sensitive. Over the past thirteen years, pharmaceutical companies have paid billions of dollars to settle U.S. federal lawsuits alone. In particular, litigation under products liability doctrine have accounted for the majority of settlements per dollar from January 2009 to May 2011, totaling $8.6 billion. Although many of these cases were brought by enforcement agencies such as the Department of Justice, class action lawsuits are increasingly Continue Reading →

Balancing the Risk in Medical Products

The New York Times recently reported a dramatic increase in complaints regarding artificial hips, widely used in hip replacements. The culprit is the metal-on-metal hip implant, used in an estimated one-third of hip replacements. Serious injuries result from the deterioration of the artificial hip, which often causes fragments to break off while in the body.  The Food and Drug Administration (F.D.A.), the agency receiving the complaints, is responsible for allowing the device to enter the Continue Reading →