There has been an increasing push by plaintiffs attorneys to pursue theories of liability against medical journals and medical publishers for harm allegedly caused to their clients from drugs they ingested. The National Law Journal reports that the First Circuit has rejected "a Massachusetts consumer protection case against two doctors, a medical journal and its publisher over an allegedly flawed article cited by defendants in birth-injury medical malpractice cases." The author of the opinion said "'the plaintiffs' theory of the case is imaginative but unpersuasive,"' The National Law Journal also reports.
The court did not reach the issue of the First Amendment in the case.
Lawyer and Legal Journalist
