Litigation Article Archives

Defending Products Liability Suits Involving Off-Label Use: Does the Learned Intermediary Doctrine Apply?

February, 2011

Although the learned intermediary doctrine serves as a shield for manufacturers against consumer claims arising from allegations of failure to warn of a drug’s risks, physicians commonly engage in off-label use. It is impossible for manufacturers to warn physicians of every risk of any and all uses of a drug. But, court decisions that address…

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“Easy’s Getting Harder Every Day”

Social Security and Workers' Compensation Offsets - Legal and Practical Effect on Claims for Individual and Group Disability and Pension Benefits

February, 2005

This paper will discuss the resolution of some of the more common disputes which have arisen over the efforts to offset Social Security or Workers’ Compensation payments from disability or pension plan benefits.

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Maximizing Your Chances of Avoiding Lawsuits for Improper Medical or Nursing Care

Operators of assisted living facilities and related institutions are well aware of the oversight imposed by federal and state regulations. This article identifies the most common sources of potential liabilities. Paper submitted at the Eastern Claims Conference, February 28, 2005 View pdf The above publication is saved in PDF format. You will need the free Adobe…

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Access And Disclosure of Medical And Mental Health Records: Summary of Maryland Law

February, 2005

Paper submitted by J. Snowden Stanley, Jr. at the Eastern Claims Conference, February 28, 2005 Maryland laws that provide for the confidentiality of medical records, establish clear and certain rules for the disclosure of medical records, and bolster the privacy rights of patients. View pdf The above publication is saved in PDF format. You will…

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