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Category Archives: Medical Device Litigation

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How the Plaintiff Was Harmed Matters

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

When someone suffers a bodily injury while in the midst of committing a crime, they are generally prohibited from seeking a financial recovery for those injuries. This legal principle extends to the lawsuits alleging injuries from a prescription medication or medical device. For example, if someone suffers an adverse reaction after taking someone else’s… Read More »

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Senate Passed “Right to Try” Legislation That Would Expose Drug Makers to Significant Civil Liability

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

The United States Senate recently passed, by unanimous approval, a piece of legislation titled the Trickett Wendler Right to Try Act. The bill would allow extremely ill patients across the country to request access to experimental medication that has not yet been approved by the Food and Drug Administration (FDA). The legislation was drafted… Read More »

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Challenging Causation Testimony Under Daubert

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

In Texas courts, the 700 series of rules of evidence control the use of experts in civil cases. Under these rule, the trial judge acts as a gatekeeper for the admission of expert testimony. Judges review the expert testimony to ensure it meets a number of prerequisites established by the U.S. Supreme Court in… Read More »

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Lawyer Advertising May Be Causing Serious Harm to the Public

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

You have probably seen television commercials, heard radio advertisements, and encountered a banner advertisement on your computer featuring a plaintiff’s attorney decrying the side effects of a drug or medical device. Advertising by plaintiff’s lawyers has surpassed $1 billion and continues to grow, according to the ABA Journal. Lawyer advertising exclusively in the prescription… Read More »

DoctorMalp

Prescriber Testimony Needed to Establish Causation in Medical Device Litigation

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

In mass tort litigation where thousands of claimants are involved, it is quite common or plaintiff’s lawyers to procrastinate in cultivating their cases and may neglect securing prescriber testimony. This is a big oversight that your Brownsville medical device defense attorney should seek to capitalize on. Why? Because if a plaintiff does not have… Read More »

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How Pursuing Damages for Infliction of Emotional Distress in Medical Device Claim is a Fruitless Endeavor

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

A common tactic utilized by plaintiff’s lawyers is to try and inflate the “pain and suffering” damages associated with a personal injury claim. This is attributed to the fact that economic damages (e.g., medical expenses and lost wages) may be insufficient to secure a sizable settlement or verdict that would be financially worthwhile for… Read More »

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Wrong Party Defense

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

In some personal injury or death cases, the facts are so bad that one of the only viable strategies to employ by the defense is to point to the proverbial “empty chair.” This is sometimes referred to as “the wrong party defense.” The strategy is fairly straightforward – agreeing that the plaintiff was harmed,… Read More »

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Mirena IUD Litigation Prime Example of Taking on Alleged Causation Experts

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

There has been a bevy of litigation surrounding Mirena IUDs, a popular birth control device used by women across the country. A lawsuit was filed against the manufacturer alleging that the device caused idiopathic intracranial hypertension (“IIH”), which is a brain disorder resulting from increased pressure in the brain and central nervous system. Scant… Read More »

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Colvin, Saenz, Rodriguez & Kennamer L.L.P., represents clients throughout South Texas and the Rio Grande Valley, including people living in Brownsville, Harlingen, McAllen, Edinburg, Laredo, Corpus Christi, San Diego, Alice, Kingsville, Rio Grande City and other communities in Hidalgo County, Duval County, Jim Wells County, Kleberg County, Starr County, Cameron County, Webb County and Nueces County. -Site Map-

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