Author: Margaret Moses Branch


New Mexico Dangerous Drugs – Wyeth v. Levine Should Apply To Generic Drugs

In a victory for consumers, last Friday the Fifth Circuit Court of Appeals agreed with the lower court that individuals may sue generic drug makers in state court for the “failure to warn” consumers of potentially dangerous side effects from taking their drugs. This decision shadows last March’s Supreme Court decision in Wyeth v. Levine,… read more


Government To Study Effects Of Toxic Burn Pits In Iraq And Afghanistan

Changing his previous stance, Dr. Craig Postlewaite, the U.S. military’s senior health protection official has recently admitted that some “servicemembers might suffer long-term medical problems as a direct result of exposure to smoke and fumes from open-air pits scattered throughout Iraq and Afghanistan.” Further, after repeated denial by the U.S Military of any ill effects… read more


New Mexico Medical Device Law – Passing The MDSA Is Crucial To Patient Safety

The Medical Device Safety Act of 2009 (the “MDSA”) is one of this year’s top pieces of consumer rights legislation. This crucial legislation seeks to protect patients from dangerous and defective medical devices by reversing the effect of the Supreme Court’s ruling in Riegel v. Medtronic. Riegel provides blanket immunity from liability to some medical… read more


New Mexico Trucking Accidents – Excessive Hours Of Service and Log Book Violations Put Too Much At Risk

Driving a truck can be a dangerous job. In the last few weeks, weather conditions have created hazardous driving conditions all across New Mexico. Drivers need to be alert and focused to handle the perils of the road. Unfortunately, in an effort to increase profits, some trucking companies push their drivers to exhaustion, violating hours… read more




New Mexico Medical Malpractice – Tort Reforms Hurts Those Most In Need

On Monday, the U.S. Senate began debating the historical health care plan designed to reform the nation’s health care system by changing the way insurance companies do business. Senator Henry Reid’s (D-Nev) bill will provide much-needed reform and assistance to the millions of Americans who pay exorbitant fees for health care coverage, are denied coverage… read more