In the Spring 2008 Newsletter

The Next Mass Tort: Chantix®
By Kristian Rasmussen and Elizabeth Chambers,
Birmingham, AL

Chantix®, known generically as varenicline, is a smoking cessation drug. The FDA has recently linked Chantix® to cases of suicide, suicidal thoughts, violent behavior, and other psychological adverse events.

Late last year, in November 2007, the Food and Drug Administration (FDA) announced the results of its preliminary assessment of Chantix®. The FDA specifically highlighted the number of reports noting the association between suicide and attempted suicide “within days to weeks of initiating Chantix treatment.”1

Many of the cases were reported for patients without any prior history of psychiatric illness. Currently, government scientists are conducting further investigations into the drug and . . .

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Your Free CLE Reference Materials

HOW TO SURVIVE REVERSE BIFURCATION AND OTHER INSIDIOUS DEFENDANT LAND MINES: HORMONE THERAPY LITIGATION EXAMPLE
By Robert K. Jenner

1. To Reverse or Not to Reverse, That Is the Question

a. Reverse bifurcation defined: Defendants seek to have some pharmaceutical cases bifurcated. That means that the case is split into two parts: liability and damages.

(1) Phase I: The damages portion addresses whether the defendant’s drug caused the plaintiff’s damages, and asks the jury to determine the amount of those damages

(2) Phase II: The liability portion addresses whether the defendant violated the standard of care.

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This paper, available free to members of the Section on Toxic, Environmental, and Pharmaceutical Torts (STEP), was presented at the 2007 AAJ Annual Convention in Chicago. Copyright © 2007 American Association for Justice. Further reproduction of any kind is prohibited. For more information, call AAJ Education at (800) 622-1791. To purchase other papers, visit the AAJ Exchange.

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