A couple of Texas Supreme Court developments of interest. (1) the court reversed the adverse Vioxx decision in Garza - holding that the plaintiffs did not provide sufficient epidemiological evidence in a low dose case. A copy of the opinion, which requires two epidemiological studies showing a relative risk of 2 or more, is available here.
We've blogged before about the adverse Centocor, Inc. v. Hamilton, 310 S.W.3d 476 (Tex. App. 2010), decision allowing a direct-to-consumer exception to the learned intermediary rule - and made it #4 on our botton-ten worst decisions for 2010. Bexis also wrote an amicus brief in the case. Well, today's order list (look for "cases granted") includes the Texas Supreme Court's grant of the long-pending appeal in Hamilton. That's a very good sign for getting rid of the only non-New Jersey decision allowing a DTC exception.