If the FDA reviewed the data and negotiated the text of the drug label, how can Levine sue for failure to warn about a side effect?
Informed consent case law dictates that if the patient does not suffer the injury that the surgeon failed to warn of, proximate cause between injury and failure to warn cannot be established.
FORBES: Effort Fails To Strip Actual Injury Requirement From 'Failure To Warn' Drug Liability
Wyeth argued, and the three-judge Superior Court of Pennsylvania agreed, that in a failure to warn case, the plaintiff has to suffer from the actual condition of which the drug company failed to warn.
FORBES: Effort Fails To Strip Actual Injury Requirement From 'Failure To Warn' Drug Liability
Also likely in 1999: drives that use predictive failure analysis to warn you of hardware problems that could hasten a crash.
Failure by Microsoft to warn purchasers that the use of Windows may cause disk fragmentation.
CNN: Microsoft hit with Windows-related class-action lawsuit
Failure by Microsoft to warn purchasers that the ability to use the Windows data link library may be missing.
CNN: Microsoft hit with Windows-related class-action lawsuit
Failure by Microsoft to warn purchasers that the use of Windows may cause hard drive and other failures, causing data loss.
CNN: Microsoft hit with Windows-related class-action lawsuit
Failure by Microsoft to warn purchasers that Windows settings may be unconfigured.
CNN: Microsoft hit with Windows-related class-action lawsuit
Mensing that failure-to-warn claims against generic drug companies are preempted by federal law, primarily because generic companies have no authority to make unilateral changes to their product labels even if they come to believe that stronger safety warnings are warranted.
When a drug is likely to cause a severe side effect--say, an increased risk of heart attack, an allergic reaction that causes the skin to burn or liver failure--the standard practice is to warn patients and doctors about the product's labeling, and to send out warning letters to physicians who might prescribe the medicine.
Economists warn that failure to avoid the fiscal cliff could bring a recession, and stocks have been down since the middle of last week, when apparent progress in the talks suddenly unraveled with Boehner proposing his own "Plan B" that was rejected by fellow House Republicans.
The NYT article then quotes two (of the approximately 15, 000) economists and two banks (Goldman Sachs and Societe Generale), who warn that a failure to extend the payroll tax cut will stall the recovery.
FORBES: The Payroll Tax-Cut Consensus: Another Keynesian Sand Castle
The failure of the Transports to confirm the Industrials may warn of future economic weakness which could mean that the rally in the Industrials is not sustainable.
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