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More breaking news - NJ Ortho-Evra -
Drug and Device Law
Thanks to Susan Sharko of Drinker for forwarding today's win in Hayes-Jones v. Ortho-McNeil Pharmaceutical, No. MID-L-3416-10, slip op. (N.J. Super. L.D. Aug. 3, 2012). It's late on a Friday afternoon, and we're trying to get out for vacation, but we liked it, so we think you will too. Hayes-Jones is a failure to warn case under Virginia law. The facts are fairly complex because the decedent was a member of the military and several military prescribers were involved. Also plaintiff was on and off the product at various times over the years. Basically, the defense swept the board on summary judgment. The warnings (dating from 2008) were adequate as a matter of law with respect to blood clots/pulmonary embolism, the alleged risk, because the risk was identified and and warned about in detail. Slip op. at 11-14. The prescribers who were deposed understood that risk very well. Id. at 14-18. Since the plaintiff couldn't win on the facts, she launched a frontal assault on Virginia's learned...
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