The law-firm of Pogust, Braslow, & Millrood, LLC, recently filed in the U.S. District Court, Eastern District of Pennsylvania, a lawsuit against HughesNet, Inc., Hughes Communications, Inc., and Hughes Network Systems, LLC, for breach of contract and frauduluent business practices involving the marketing of the HughesNet® Satellite Broadband Network System.
A recent government study published in the American Journal of Psychiatry, has concluded that two of the most commonly prescribed atypical anti-psychotics, Janssen's Risperdal and Eli Lilly's Zyprexa, “neither performed any better in children and adolescents than an older generic drug.”
On September 17, 2008, Wyeth filed its reply brief in Wyeth v. Levine, No. 06-1249, in which it continues to insist that it could not comply with both federal prescription drug regulations and any state-based common law duties to warn. Wyeth Reply Brief.
Maddeningly, the Bush FDA continues overtly to spend time distracted from its mission – industry oversight and public safety – and instead, toil in support of the interests of the industries it is charged with regulating. Indeed, even as its end is near, the Bush FDA persists in waging its misguided war on drug and device litigation, attacking now with somewhat more precision that it has in the recent past. On August 22, 2008, in the form of a Final Rule published in the Federal Register, the FDA announced amendments to certain labeling regulations for prescription drugs, biologics, and medical devices. 73 Fed. Reg. 49603 (Aug. 22, 2008), available at http://www.gpoaccess.gov/fr/advanced.html.
The Environmental Working Group (EWG), a non-profit organization, has issued a September 2008 study concluding that “a class of chemicals used in fire retardants, is appearing in toddlers’ blood at three times higher than in their mothers.”
In yet another resounding victory for Plaintiffs in the battle against federal preemption, a federal district judge has rejected a drug manufacturer’s attempt to skirt liability by invoking the doctrine of implied conflict preemption. On August 29, 2008, in a 53-page memorandum opinion in Knipe v. SmithKline Beecham, d/b/a GlaxoSmithKline, 2:06-cv-03024 (RB) (E.D. Pa.), Senior Judge Ronald Buckwalter denied GlaxoSmithKlines’ (GSK’s) summary judgment motion based on preemption.
On August 28, 2008, the Law firm of Pogust, Braslow, & Millrood, LLC filed a complaint in the U.S. District Court for the District of Minnesota, against Johnson & Johnson, Inc., alleging that its antibiotic Levaquin caused a woman to suffer a tendon rupture.