Here are some personal injury stories/blog posts to check out as you wind down your week:
- Overlawyered links to the old Drug and Device Law Blog post on a lawsuit that got kicked that sought to keep a drug on the market. I can’t find the case – the cite they gave is wrong and I can’t find it on-line- but maybe the drug company decided to withdraw the drug because it was doing more harm than good to most patients yet, for some, it was doing great things. This happens all of the time. The blog post starts: “We couldn’t make this stuff up, folks.” Really, you couldn’t make up the fact that people who might be suffering might turn, perhaps misguidedly, to a lawsuit to try to keep the one thing that is making them better (saving their lives?) on the market? This extremely well written blog is filled with good humor and compassion – especially for drug companies, who are people, too. But, it is exempt from compassion for people who have suffered or lost a loved one and file a lawsuit. If they would exhibit some sense of self-awareness about this, I, for one, would be grateful. Also, please stop invoking your fantasy of Rule 11 at every turn. Yeah, plaintiff brought a novel and arguably dumb lawsuit. You know what else was novel at the time? Brown v. Board of Education. And how about a Rule 11 for insane defenses asserted by drug companies?
- Sure sign of the Apocalypse – How many Facebook likes you get can be admissible at trial. .