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Drugs & devices

March 2005 | Volume 41, Issue 3

A cure worse than the disease
Karen Barth Menzies

Drugs like Zoloft and Paxil have been marketed not just as cures for depression but also as quick fixes for everything from social anxiety to smoking withdrawal. But recent studies say they can trigger violence—especially suicide—in teenagers who take them. With public outcry growing and the FDA slow to act, litigation may be the only way to ensure consumers’ safety.

Pharmacology for lawyers
Stacy K. Hauer

You’ve just taken on a pharmaceutical case, and now you wish you hadn’t skipped all those college chemistry classes. Relax. This primer on pharmacology—the study of how drugs work—provides a painless injection of the basic knowledge you’ll need.

Deciphering the Adverse Event Reporting System
Bert Black and Keith Altman

The FDA’s database of drugs’ harmful side effects is loaded with valuable information to help you prove causation. It’s also unwieldy and confusing— unless you know just what to look for, and how. Here’s a guide to navigating the sometimes murky straits of AERS.

The risky business of off-label use
Donald C. Arbitblit and Wendy Fleishman

Off-label use of drugs and medical devices can benefit patients by giving them more treatment options, but it also carries significant risks—risks that manufacturers may not disclose. When those risks become reality, there are ways to hold manufacturers accountable for patients’ injuries.

A prescription for better drug trials
Interview with Leonard Glantz

Pharmaceutical companies conduct their clinical trials largely out of public view. This professor of health law at Boston University advocates open access to clinical data to improve consumers’ knowledge about the drugs they take and to enhance public safety.

Features

Help the jury understand pain and suffering
Charles L. Becton

How do you measure suffering? Some jurors dislike talking about pain, and others might mistrust the plaintiff’s motives in seeking damages for emotional injuries. Address these concerns head-on to help jurors see compensation not as an “award” but as payment of a debt.

News & Trends

Zylon body armor fails to protect and serve police, lawsuits claim

ABA proposes changes to jury system; plaintiff lawyers voice concerns

Girl’s case highlights rare but severe reaction to Children’s Motrin

In secondhand-smoke case, flight attendants win causation dispute

Jurors’ discussion of personal expertise not prejudicial, court holds

Michigan court rejects open-and-obvious defense for ‘natural’ oil

Jurors can’t be rejected for religious appearance, New Jersey court rules

Montana constitution guarantees health benefits for same-sex partners

New York judge orders drug-addicted moms to have no more children

Supreme Court clears doctors’ way to trial against HMOs

Departments

President’s page
A new leader for challenging times

Supreme Court review
Qualified immunity ruling raises hurdles for plaintiffs

Hearsay

ATLA in motion

ATLA in motion

Books

In Pursuit of Right and Justice: Edward Weinfeld as Lawyer and Judge
by William E. Nelson

Selling Women Short: The Landmark Battle for Workers’ Rights at Wal-Mart
by Liza Featherstone

Classifieds

Lawyer Networking

Products & Services

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Balancing the Scales of Justice
American Association for Justice
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