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Can You Sue a Drug Company When You Don't Know Which One Made the Pill? (Patreon)

Published:
2026-10-19 07:37:29
Imported:
2026-10

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OA1306 - We're on a winning streak! ...because we picked the winners. This week we cover two cases where the little guy comes out on top against the big corporation, and learn some key torts concepts along the way. Maybe your neighborhood billboard personal injury attorney isn't such a bad guy after all.

Sources:

Election Protection Hotline

Brennan Center statement/information on ICE at the polls

The SALUTE reporting method

Civil litigation statistics

Sindell v. Abbott Laboratories

Mobil v Ellender

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Comments

Despairing Radical

Super weird to hear Janessa explaining SALUTE reports to this audience. To answer Thomas' question: they're a standard military report sent up whenever we see potential enemy activity and have been in use for decades. Higher level Intel folks can aggregate the reports and use them to determine a lot about how the enemy is arrayed just based on what we already know about what patches and equipment is fielded. It's a great way to standardize reports from disparate places. And yes, it is a confusing stupid acronym at first. Our solution was to make "Smart Cards" that Soldiers would carry with the info on it and several other reporting formats so they wouldn't screw them up under pressure. For most people, I'd suggest copying a template into your notes app or something.

VMLs last day as a GC is Oct 30 next project TBA

Had to chuckle at Jenessa losing her mind on the Dragon at Legoland because it is one of the tamest coasters I've ever ridden. When my daughter was 5 we were in line for the Baby Dragon for what seemed like forever and just as we got to the gate, it went out of service. My very brave little monkey agreed to ride the Dragon then and, with the aid of her tiptoes at the height requirement, we made it and she absolutely loved it. Very core memory for me as a proud dad.

Gmork

I remember being really interested in learning about this drug case back in law school. Excellent explainer 😀

General Contact Unit Problem Child

The thing about people thinking the it’s too easy to sue companies despite it actually having gotten harder and less common overtime. It reminded me of something Thomas said with regard to like anti welfare “moderate” conservatives that I thought was very insightful. They will say there’s too much of something in society, law or government and then never actually modify their opinion when the thing is reduced. Like a lot of the less awful conservatives will say they think some form of welfare should exist, ….but just that the current system is too generous. But they will say that regardless of how much welfare is cut. Like practice they’ll just oppose actually existent welfare system regardless of size. Similarly I think there’s a lot of people who probably concede there’s some circumstances where you should be able to sue a corporation, but will insist the current legal regime makes it too easy no matter what.

VMLs last day as a GC is Oct 30 next project TBA

Yeah same and it got extra emphasis in my 1L Torts class because the journal article that market share liability was based on was published in my rather non-elite law school's flagship journal.

Gmork

I don't think I even heard about it in torts. I think I had to take Complex Civil Procedure to hear about it.

Jason Valasek

An even better world would be one where it is illegal for drug companies to advertise directly to the consumer.

FRED R GROOTHUIS

My guess in drop in civil litigation in part might be due to increase in binding arbitration at time of initial transaction. Mediation can be quite costly.

David in Brooklyn

"DES" = Diethylsilbestrol. A former spouse/partner of mine is a "DES daughter" and has to be tested for possible cervical cancer more frequently than the standard recommendation for women in general. Her mother had had several previous miscarriages and was confined to bed for the last few months of the pregnancy--quite a trying situation for a normally active "farm wife". (This was in Texas ca. 1950-51.)