Legal cases involved

If the facts in a legal case involve specialized and technical subject areas, expert witnesses may testify in the case. A case may require the expertise of engineers, safety professionals and other specialists. For example, physicians usually testify about product injuries. In products liability cases, engineers often testify about a product, existence of defects, use of the product, design alternatives, negligence, compliance with published standards or standards of practice, the state of the art, and other matters. 

In 1972, 10 years after the 1962 Amendments were enacted, three lower court rulings threatened to destroy the FDA approach to these matters. The agency successfully took all three cases, as well as a fourth in which FDA had prevailed, to the US Supreme Court, and in June 1973 the Supreme Court sustained FDA on all of the legal issues involved. From then on, the basic approach to FDA implementation of the 1962 Amendments was established and strengthened. 

Although many of rhe associates whom Forman mentioned were identified by Rowse, more work needs to be done on, for instance, Formans involvement with the recusant community and numerous legal cases Rowse, Forman, esp. chs. 7—10 Traister, Forman, ch. 7. 

Analytical chemists must always emphasize to the public that the single most important characteristic of any result obtained from one or more analytical measurements is an adequate statement of its uncertainty interval. Lawyers usually attempt to dispense with uncertainty and try to obtain unequivocal statements therefore, an uncertainty interval must be clearly defined in cases involving litigation and/or enforcement proceedings. Otherwise, a value of 1.001 without a specified uncertainty, for example, may be viewed as legally exceeding a permissible level of 1. 

Efforts toward decriminalization and legalization continue. Millions of lives are still being affected by the lag in reform of marijuana laws. Figures from NORML indicate that over the last six years, half a million Americans annually have been arrested on marijuana-related charges. Some 90% of these cases involved possession of less than an ounce. 

On June 15, 2005, in a multicase product liability suit, Eli Lilly settled for 690 million. Most of the case involved life-threatening diabetes caused by Zyprexa. I was hired as a medical expert by Hersh and Hersh, a California law firm involved in that multisuit, multistate legal action, and had the opportunity to evaluate sometimes lethal cases of diabetes and pancreatitis caused by Zyprexa. Some cases became chronic other patients died within hours of onset. My Web site (http //www.breggin.com) contains more details on the Eli Lilly settlement. Meanwhile, similar cases have continued to be brought with potential payouts, or settlements, by the company estimated at 1.2 billion (Rosack, 2007). 

In reporting something new, such as a method for making a compound, a procedm-e for an analysis, or a process for making a physical measurement, the author s description should be adequate to enable one interested, if he so desires, to repeat the work. In the case of U.S. patents, one requirement of patentability is to have the description sufficiently explicit and detailed that one skilled in the art can make or use the object patented. Famous legal cases have involved this point. 

The establishment for proximate or legal causation is the first step. A factual link between the pharmacist s conduct and the patient s injury and whether the pharmacist could have foreseen the harm must be determined. The plaintiff must compare what did occur with what would have occurred if contrary-to-fact conditions existed. As an example, in a case involving a pharmacist, if the pharmacist had provided more frequent visits, would a more favorable outcome have resulted The plaintiff would have to prove, by a preponderance of the evidence, that the infrequency of visits was the cause of damages to him. In addition, even if it is established that the pharmacist s conduct caused the patient s injury, a question of forseeability may be raised. In general, unless the pharmacist could have foreseen that harm would occur, there will be no liability. The issue of foreseeability would most likely be part of the determination of duty. Many of the consensus statements and guidelines included in this paper describe appropriate intervals of follow up that, if followed, might reduce the liability of clinical pharmacists. 

Ethanol is the most common toxic substance involved in medical-legal cases. It is frequently a contributory factor in accidents. Methanol content is controlled in drinking water and fermentation media. It is also a widely used solvent in paints. The determination of other aliphatic alcohols is of minor importance. 

Given that the WIA Act entered into force just before the beginning of 2006, it is not yet possible to discern lines of administrative action, or even legal procedure. In 2005, 9,200 cases involving disability laws were filed with the district courts, compared to a total of 20,100 social security cases (welfare assistance not included) 75 the CRvB handled 5,100 social security law cases (with disability laws not specifically declared). 

The litigated cases which are discussed in the next section have been selected to illustrate particular aspects of the manufacturer s duty to warn and how that particular aspect was treated in the reported case. The manufacturer should note, however, that nearly all product liability cases involve a basic pattern of analysis. In order for the manufacturer to have been found liable there must have been, in fact, a duty to warn, a breach of that duty, and (except in Sindell) a causal relationship established between the manufacturer s breach and the plaintiffs iiyury. In conducting this analysis, regardless of the legal theory being employed, the courts will consider ... 

PET or SPECT studies are often introduced in legal proceedings. Some of these cases involve head injury others involve crime. Pre-existing brain damage militates against the death penalty. Although there are important issues of informed consent. 

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