Mealey's Drugs & Devices
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December 08, 2023
Woman Sues CVS For Contaminated Eye Drops, Proposes Class Action
WILMINGTON, N.C. — A woman filed a complaint in North Carolina federal court seeking to represent a class of consumers who purchased over-the-counter lubricating eyedrop products at CVS stores that were later recalled by the U.S. Food and Drug Administration.
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December 07, 2023
OTC Cold Medicine Cases Centralized In MDL Before Judge Cogan In New York
WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation on Dec. 6 agreed to centralize cases alleging that over-the-counter cough and cold medications containing the active ingredient phenylephrine (PE) are ineffective at relieving nasal congestion and assigned the multidistrict litigation to Judge Brian M. Cogan of the U.S. District Court for the Eastern District of New York.
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December 07, 2023
Federal Circuit Finds 3rd Filed Vaccine Complaint Is Untimely
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Dec. 6 dismissed the appeal of man who alleges that a lower court erred in finding untimely his complaint that a seasonal influenza vaccination caused him to develop Guillain-Barré syndrome (GBS).
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December 05, 2023
Hernia Mesh MDL Judge Grants Motion To Dismiss 224 Settled Cases
ATLANTA — The federal judge overseeing the Ethicon Physiomesh hernia patch multidistrict litigation granted a joint motion to dismiss with prejudice 224 cases after the parties agreed to settle all claims.
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December 04, 2023
Justices Mull Whether Purdue Bankruptcy Plan Can Allow Sackler Family Releases
WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 4 heard oral arguments in a dispute that would upend a multibillion-dollar opioid bankruptcy settlement reached by Purdue Pharma L.P. that included a liability release for members of the formerly controlling Sackler family, with multiple justices noting that the vast majority of claimants overwhelmingly approved of the plan.
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December 01, 2023
Woman Says Merck Followed Vioxx Handbook In Marketing Gardasil In Injury Suit
CHARLOTTE, N.C. — A woman on Nov. 30 filed a direct complaint in a North Carolina district court, alleging that she suffers from constant seizures and other injuries as a result of receiving the Gardasil vaccine and alleges that the manufacturer has a history of concealing a drug’s risks.
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November 30, 2023
Mass Tort Cases For Drugs, Medical Devices
New developments in the following mass tort drug and device cases are marked in boldface type.
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November 30, 2023
Zostavax MDL Judge Orders Expert Declaration From Group Of Plaintiffs
PHILADELPHIA — The Pennsylvania federal judge presiding over the Zostavax multidistrict litigation on Nov. 29 agreed to require a group of plaintiffs alleging that the shingles vaccine caused injuries other than shingles or hearing loss to produce a declaration from a causation expert stating that the vaccine caused the injuries.
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November 30, 2023
Ohio Supreme Court Agrees To Hear Certified Question In Opioid Verdict Appeal
COLUMBUS, Ohio — The Ohio Supreme Court on Nov. 29 agreed to answer a certified question from the Sixth Circuit U.S. Court of Appeals regarding whether a common-law public nuisance claim is permitted under the Ohio Product Liability Act in an appeal of a $650 million verdict awarded to two counties filed by a trio of pharmacies.
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November 30, 2023
FDA Warns Users Of Reports Of Overheating CPAP Machines
SILVER SPRING, Md. — The U.S. Food and Drug Administration through a safety communication warned users of Philips DreamStation 2 continuous positive airway pressure (CPAP) machines to watch for signs of overheating.
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November 29, 2023
FDA Moves For Dismissal Of Drug Compounder’s Suit To Stop Press Release
NEW HAVEN, Conn. — The U.S. Food and Drug Administration moved to dismiss a complaint filed by a pharmaceutical compounder asking that a federal court enjoin the agency from publishing a press release or statement regarding an investigation of its facility.
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November 29, 2023
Acetaminophen Autism/ADHD MDL Judge Agrees To Sever Rite Aid From Cases
NEW YORK — The New York federal judge overseeing the acetaminophen autism spectrum disorder-attention deficit hyperactivity disorder (ASD-ADHD) multidistrict litigation granted a request by the plaintiffs to sever Rite Aid Corp. from all cases where Rite Aid is not the only named defendant.
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November 29, 2023
Woman’s IVC Filter Injury Case Dismissed For Filing Outside Statute Of Limitations
PHOENIX — A woman claiming that she was injured by an inferior vena cava (IVC) filter acknowledged that she was aware of her injuries in 2020 and contacted other attorneys in an attempt to file a lawsuit, defeating her defense to a motion to dismiss filed by the manufacturer on statute-of-limitation grounds, an Arizona federal judge ruled.
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November 29, 2023
Man Alleging Injuries From Ankle Monitoring Device Says Colorado Law Applies
DENVER — A man suing the manufacturer of an alcohol tracking ankle monitor for injuries to his skin rejected arguments that the laws of the state in which the arrest occurred should apply or that he failed to state a claim and urged a federal court in Colorado to deny a motion to dismiss.
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November 29, 2023
Dismissal Of Diabetes Drug Complaint Not Warranted, Louisiana Woman Says
LAKE CHARLES, La. — Arguments for dismissal made by the manufacturer of Ozempic, which is facing claims that it failed to warn of risks associated with the diabetes drug, are premature and without merit, a woman argues in a Louisiana federal court.
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November 28, 2023
SoClean To Update User Manual, Provide Adapter For CPAP Cleaning Device
WASHINGTON, D.C. — The U.S. Food and Drug Administration has provided additional information regarding a voluntary product recall related to the use of SoClean2 and SoClean3 equipment that is used to clean, sanitize or disinfect CPAP devices and accessories.
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November 21, 2023
MDL Sought For Plaintiffs Alleging Dental Injuries From Suboxone Film
WASHINGTON, D.C. — A group of plaintiffs who sued the manufacturer of Suboxone film allege that the use of the prescription drug to treats opioid use disorder caused extensive dental decay have asked the U.S. Judicial Panel on Multidistrict Litigation to consolidate the cases for pretrial purposes.
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November 21, 2023
Dismissal Denied In FCA Suit Against Maker Of Alleged Defective Knee Replacements
TUSCALOOSA, Ala. — An Alabama federal judge on Nov. 20 denied a motion to dismiss and for judgment on the pleadings by an orthopedic device manufacturer in relators’ suit asserting that the manufacturer violated the federal False Claims Act (FCA) by submitting for reimbursement to government health care programs claims for knee replacement devices it knew were defective, finding that the manufacturer’s argument that the court lacks jurisdiction due to the unconstitutionality of provisions of the FCA “lack[s] merit.”
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November 20, 2023
1st Circuit Certifies Appeal In FCA Suit Against Teva Alleging Co-Pay Kickbacks
BOSTON — The First Circuit U.S. Court of Appeals on Nov. 17 granted a petition to appeal filed by Teva Pharmaceuticals USA Inc. and Teva Neuroscience Inc., asserting that appeal should be granted due to a “substantial ground for difference of opinion” regarding causation under the Anti-Kickback Statute (AKS) as applied to a district court’s partial summary judgment ruling for the government in its suit alleging that they violated the False Claims Act (FCA) and AKS by using co-pay subsidies as kickbacks when selling a multiple sclerosis (MS) drug.
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November 20, 2023
Woman Says Arguments For Dismissal Of Diabetic Drug Complaint Are Premature
LAKE CHARLES, La. — A Louisiana federal court should reject calls by the manufacturer of Ozempic to dismiss a complaint alleging that it failed to warn of risks associated with the diabetes drug, a woman argues, contending that its arguments are without merit and premature.
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November 20, 2023
Texas Federal Judge Agrees To Hear Motion To Intervene In Abortion Drug Case
AMARILLO, Texas — There is no need to wait until the U.S. Supreme Court weighs in on a pending petition for a writ of certiorari in a case involving the abortion drug mifepristone before deciding if three states can intervene in a district court proceeding, a federal judge in Texas ruled, rejecting a motion by the U.S. Food and Drug Administration to hold the motion in abeyance and ordering the FDA to respond to the request to intervene within 30 days.
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November 20, 2023
Arizona Company Ordered To Stop Selling Unapproved Contraceptive Cream
PHOENIX — A federal Arizona judge entered a consent decree and permanent injunction barring a company from selling a cream that it markets as a vaginal contraceptive in violation of the Federal Food, Drug and Cosmetic Act (FDCA).
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November 17, 2023
High Court Asked To Resolve Dispute Of Right To Appeal Partially Dismissed Case
WASHINGTON, D.C. — The U.S. Supreme Court granted a motion to extend time for a manufacturer and seller of Zantac to respond to a petition for a writ of certiorari appealing the dismissal of her case and asking the high court to settle a jurisdictional question that has split the circuit courts.
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November 16, 2023
Mass Tort Cases For Drugs, Medical Devices
New developments in the following mass tort drug and device cases are marked in boldface type.
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November 16, 2023
Don’t Delay Decision On Intervening In Abortion Drug Case, States Tell Court
AMARILLO, Texas — Danco Laboratories LLC, the manufacturer of Mifeprex brand mifepristone, on Nov. 15 concurred with the U.S. Food and Drug Administration’s position that a Texas federal court should hold in abeyance a motion by three states to intervene in a lawsuit pending resolution of a petition for a writ of certiorari in the U.S. Supreme Court, but the states argue that the delay is unwarranted.