When a consumer brings a product liability
claim against a drug company, it is likely that the company will use a learned intermediary defense.
Not exact matches
No e-cigarette
company has submitted an application to the U.S. Food and
Drug Administration to approve e-cigarettes for smoking cession, and the FDA has not taken any action
against companies that
claim e-cigarettes are effective for quitting smoking.
To learn more about filing a defective
drug claim against C.B. Fleet
Company, contact a personal injury attorney who is familiar with the laws in your state.
The high court is also unimpressed with the fact that the
drug giving rise to the product liability was distributed by a California
company, presumably because the cause of action in question in the case was brought
against the manufacturer as a strict liability defective product
claim, rather than as a
claim against a seller of the product arising from a warranty that the product was free of defects arising under the Uniform Commercial Code or an express warranty.
So if you are making a
claim against a pharmaceutical
company, for example, it helps to know that the Missouri product liability law firm is able to take on defective
drug cases.
At Altman & Altman, LLP, our firm continues to handle dangerous
drug and injury
claims brought
against large pharmaceutical
companies.
In particular, Eli Lilly
claimed that the development of the «promise doctrine» in Canadian patent law led to the invalidation of patents protecting its
drugs atomoxetine (Strattera ®) and olanzapine (Zyprexa ®) by Canadian courts, and that this doctrine was radically new, arbitrary, and discriminatory
against pharmaceutical
companies.
Lawsuits
against Glaxo
claim that the
company failed to properly test the
drug and determine safety risks before selling it; failed to warn the public about dangerous side effects; fraudulently marketed the
drug to pregnant women even though it was not approved for this use; and misrepresented results from animal studies.
You may also have a
claim against the trucking
company if it knew or should have known that the driver had an alcohol or
drug problem, or if it failed to administer appropriate tests.
Pharmaceutical
companies have teams of lawyers ready to defend them
against any
drug injury
claim, so you will need a lawyer who has a track record of success in pharmaceutical litigation.
With respect to corporate litigation, Dan has represented corporations and senior executives
against claims of fraud, RICO, breach of contract, breach of fiduciary duty, and fraudulent transfer
claims.With respect to white collar criminal defense matters, Dan has represented large
companies, corporate executives and other individuals in cases of mail fraud, tax fraud, bank fraud, violations of the Food,
Drug, and Cosmetic Act, in addition to other complex crimes.