Phyra M. McCandless, an attorney in Gibbs Law Group LLP’s mass tort litigation practice, co-authored “Recent Developments in Medicine and the Law.”
The article was recently published in the American Bar Association Tort Trial & Insurance Practice Law Journal’s Fall 2013 edition.Each year, the Tort Trial & Insurance Practice Section (TIPS) publishes a survey of the past year’s developments in case law relevant to committees within the Section. This year, the TIPS Medicine and Law Committee’s article covers three topics related to the intersection of law and medicine: (1) Liability of Generic Drug Manufacturers Post-Bartlett, (2) Legal Challenges to Nursing Home Arbitration Agreements, and (3) Negligent Infliction of Emotional Distress.
Ms. McCandless, who is also a vice chair of the Medicine and Law Committee, co-wrote and contributed to the first section of the article, which focused on cases involving generic drug manufacturers’ liability after the United States Supreme Court’s ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett, 133 S. Ct. 2466 (2013), which limited state law causes of action available to plaintiffs suing makers of generic drugs. For more information about Bartlett and a review of the generic drug cases, please view a copy of the full-length article.