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FDA Procedures Under the Microscope Today

Posted by Andrew J. Barovick | Nov 17, 2008 | 0 Comments

Today at 3:00 p.m., YOU CAN SPEAK TO DIANA LEVINE (WYETH v. LEVINE) ABOUT FEDERAL PREEMPTION.  The program is being sponsored by .  Anyone can go to the site, and click through to follow the conversation.  In order to take part in it, according to Christy Hardin Smith, of, you need to create a log-in account at the site, which will allow you to post notes to Ms. Levine and actively participate in the conversation.  Information on how to do it is on the blog.

In related news, according to Torts Prof Blog , Congress is investigating the FDA's medical device review process.   That is welcome and timely news as well.  Apparently, the FDA's own scientists sparked the congressional investigation because their concerns about unsafe or ineffective medical devices were ignored by federal health officials , according to today's NY Times .

About the Author

Andrew J. Barovick

Mr. Barovick is a graduate of Columbia College and Cardozo School of Law. He began his legal career at the Queens District Attorney’s Office, where he tried over 20 felonies to verdict, and argued an equal number of appeals before the Appellate Division, Second Department, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit.


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$7.9 million dollars for infant client who suffered severe brain injuries due to post- delivery medical malpractice.

$500,000 wrongful death/medical malpractice settlement on behalf of patient brought to hospital emergency room with serious injuries who suffered complications while unmonitored and died.

$425,000 wrongful death/medical malpractice settlement during trial on behalf of senior hospital patient whose surgeon failed to timely address her worsening symptoms, resulting in her death.

$250,000 to young man whose physician failed to diagnose an impending torsion testicle, causing the loss of the affected testicle.

$200,000 to young mother whose OB/GYN failed to timely diagnose and treat her ectopic pregnancy, resulting in excruciating, long-term pain and the need for surgery to address the ectopic pregnancy once it was diagnosed.