Photo of Litigation Blog Ivan Settimba isettimba@smsm.com
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Ivan Settimba is an associate attorney focusing his practice on complex commercial litigation and toxic torts. He has extensive experience in all stages of litigation …

Showing 3 posts by Ivan Settimba.

LIFE SCIENCES CLIENT ALERT: Artificial Intelligence, Healthcare, Life Science, and the Next Merger

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As the world nears the end of the second decade of the twenty-first century, it should not come as a surprise that Artificial Intelligence (“AI”) will continue to impact a variety of business sectors. For proper context, AI has thus far been utilized primarily within consumer goods and technological sectors by familiar corporations such as Amazon, Apple, and Google. However, less familiar corporations in other business sectors have not been standing idly by. In the March 31st, 2018, issue of The Economist, the authors reported that in 2017, companies spent $22 billion dollars, 26 times more than they had in 2015, on AI-related mergers and acquisitions. Corporations, insurers, and attorneys that work in both the healthcare and life science industries would be wise to keep an eye on the next healthcare merger. The long-term benefits of AI in healthcare may be similar to the benefits that it has had on other sectors: lowering costs to consumers, creating a more efficient stream of services, and providing people with the ability to make more informed decisions. More »

LIFE SCIENCES CLIENT ALERT: Seventh Circuit Reverses $3 Million Judgment Against GlaxoSmithKline Citing Preemption

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A three-judge panel for the Seventh Circuit reversed a verdict awarding the widow of a Chicago attorney $3 million following the death of her husband. Wendy Dolin alleged drug manufacturer, GlaxoSmithKline LLC (“GSK”), was negligent in failing to warn consumers about the potential increased risk of suicide associated with the drug Paxil.

In 2010, Mr. Dolin was prescribed Paxil, the brand-name of the drug paroxetine manufactured by GSK, for the treatment of his depression. Mr. Dolin’s prescription was filled with a generic form of paroxetine manufactured by Mylan, Inc. While on paroxetine, Mr. Dolin committed suicide. Mr. Dolin’s widow brought suit alleging that Mr. Dolin’s suicide was a result of GSK’s failure to warn that Paxil was associated with increased risk of suicide in patients over the age of 24. Mrs. Dolin filed suit against Mylan and GSK in state court, but the matter was removed to the Northern District of Illinois by GSK. At trial, Mrs. Dolin advanced a new theory of liability where brand-name drug manufacturers, who have control over prescription drug formulas and labels, are held liable for injuries caused by taking generic forms of the drug, also known as innovator liability. After a jury awarded Mrs. Dolin $3 million in damages at trial, GSK appealed to the Seventh Circuit arguing Mrs. Dolin’s state law failure to warn claims were preempted by federal law and that GSK owed no duty of care since Mr. Dolin took a generic form of paroxetine rather than the brand-name drug, Paxil. The Seventh Circuit ruled that that GSK should not have been held liable since Mr. Dolin did not ingest the brand name prescription medication and because Mrs. Dolin’s state law failure to warn claims were preempted by federal law. More »

TECHNOLOGY & CYBER RISK CLIENT ALERT: The Battle for Standing in Data-Breach Litigation Rages On

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The battle over standing in cyber-security litigation continues. . . .

The latest example appears to be related to a data-breach involving the Hudson Bay Company. Founded in 1670, the Hudson Bay Company is one of the oldest companies in North America. On April 1, 2018 it joined the ever growing list of corporations that have been victimized by cyber-security breaches. Specifically, the Hudson Bay Company, which is the corporate parent of luxury department stores Saks Fifth Avenue, Saks Off 5th, and Lord & Taylor, posted a statement on its company web pages explaining that it had become aware of a data security issue involving customer payment data at certain North American stores. The statement goes on to inform customers that Hudson Bay Company is working with security investigators regarding the breach. On April 2nd, the statement was updated to reassure customers that there was no indication that social security numbers, drivers licenses numbers, and pins had been compromised, and that the company was conducting a diligent investigation to gain an understanding of the scope of the breach. More »

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