Mealey's Drugs & Devices

  • September 20, 2017

    Mass Tort Cases For Drugs, Medical Devices

    New developments in the following mass tort drug and device cases are marked in boldface type.

  • September 20, 2017

    Trial Begins For Zimmer Sales Representative For Retaliatory Discharge

    ALLENTOWN, Pa. — Trial got under way Sept. 12 in a retaliation and slander case in which a former sales representative accused Zimmer Biomet Inc. of retaliatory discharge and slander for reporting possibly illegal practices by an orthopedic surgeon (Dominick Pistone v. Zimmer Biomet, Inc., No. 16-3526, E.D. Pa., Allentown Div.).

  • September 20, 2017

    Merck Appeals 3rd Circuit Ruling Reinstating Fosamax Femur Fracture MDL Cases

    WASHINGTON, D.C. — Merck Sharp & Dohme Corp. on Sept. 12 gave blanket consent to the filing of amicus curiae briefs in its petition for a writ of certiorari to the U.S. Supreme Court on the reinstatement of Fosamax femur fracture claims (Merck Sharp & Dohme Corp. v. Doris Albrecht, et al., No. 17-290, U.S. Sup.).

  • September 20, 2017

    JNOV, New Trial Denied For GlaxoSmithKline In $3M Paxil Suicide Case

    CHICAGO — An Illinois federal judge on Sept. 14 denied judgment as a matter of law or a new trial for GlaxoSmithKline LLC (GSK) in a Paxil suicide case that ended in a $3 million verdict (Wendy B. Dolin, et al. v. GlaxoSmithKline LLC, No. 12-6403, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 148966).

  • September 20, 2017

    2nd Criminal Trial In Deadly Fungal Meningitis Outbreak Gets Under Way In Boston

    BOSTON — A second federal criminal trial stemming from the deadly 2012 fungal meningitis outbreak tied to New England Compounding Center (NECC) got under way Sept. 19 in Boston (United States of America v. Glenn A. Chin, No. 14-cr-10363, D. Mass.).

  • September 20, 2017

    8th Circuit Reverses Dismissal Of Baycol False Claims Suit On Jurisdiction Grounds

    ST. LOUIS — An Eighth Circuit U.S. Court of Appeals panel on Sept. 8 reversed and remanded a Baycol whistleblower case, saying a district court misapplied the standard for whether the relator was an original source of information about fraudulent promotion of the cholesterol drug and the filing of false claims to government health care programs (In Re:  Baycol Products Litigation, United States of America, ex rel. Laurie Simpson v. Bayer Healthcare, et al., No. 15-2220, 8th Cir., 2017 U.S. App. LEXIS 17371).

  • September 20, 2017

    EpiPen MDL Judge Names Plaintiff, Defense Council To Leadership Positions

    TOPEKA, Kan. — The Kansas federal judge overseeing the EpiPen multidistrict litigation on Sept. 12 appointed plaintiff and defense attorneys to leadership positions (In Re:  EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-2785, D. Kan.).

  • September 19, 2017

    Kugel Hernia Mesh Patch MDL Closed Sept. 15 After 10 Years

    WASHINGTON, D.C. — The 10-year-old Kugel mesh hernia patch multidistrict litigation was marked closed Sept. 15 by the Judicial Panel on Multidistrict Litigation (JPMDL) (In Re:  Kugel Mesh Hernia Patch Products Liability Litigation, MDL Docket No. 1842, JPMDL).

  • September 19, 2017

    Sanofi, Mylan Debate If EpiPen Competition Was A Price War Or A Monopoly

    TOPEKA, Kan. — A motion to dismiss an EpiPen antitrust lawsuit continued to play out in two federal courts Sept. 14 when defendant Sanofi-Aventis U.S. LLC filed its opposition and defendant Mylan Inc. filed a reply (In Re:  EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-md-2785, D. Kan., and Sanofi-Aventis U.S. LLC v. Mylan, Inc., et al., No. 17-2763, D. N.J.).

  • September 19, 2017

    Judge Says Salix Manager Failed To Show Retaliation For Reporting Fraud

    NEW YORK — A New York federal judge on Sept. 14 said a former senior manager for Salix Pharmaceuticals Ltd. failed to show that her employer retaliated against her for reporting false claims activities in the promotion of certain drugs (Rasvinder Dhaliwal v. Salix Pharmaceuticals, Ltd., No. 15-706, S.D. N.Y., 2017 U.S. Dist. LEXIS 149690).

  • September 19, 2017

    St. Jude Spinal Stimulator Case Dismissed As Preempted With Leave To Amend

    WILMINGTON, Del. — A  Delaware federal judge on Sept. 15 said a plaintiff in a Protégé Spinal Cord Stimulator case cannot overcome federal preemption of her claims but can file an amended complaint to state more plausible claims (Kathleen M. Freed, et al. v. St. Jude Medical, Inc., et al., No. 17-1128, D. Del., 2017 U.S. Dist. LEXIS 149926).

  • September 19, 2017

    MDL Judge Denies Interlocutory Appeal Of AndroGel Failure-To- Warn Preemption Issue

    CHICAGO — The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on Sept. 18 denied a motion by defendants AbbVie Inc. and Abbott Laboratories to certify for interlocutory appeal the court’s ruling denying summary judgment on failure-to-warn claims (In Re:  Testosterone Replacement Therapy Products Liability Litigation, No. 14-01748, N.D. Ill.).

  • September 18, 2017

    U.S. Supreme Court To Weigh ‘510(k) Defense’ At Sept. 25 Conference

    WASHINGTON, D.C. — The U.S. Supreme Court on Sept. 25 will consider whether to review an MDL court’s exclusion of 510(k) approval from an Ethicon pelvic mesh bellwether trial that resulted in a $3.27 million verdict in 2014 (Ethicon, Inc., et al. v. Jo Huskey, et vir., No. 16-1399, U.S. Sup., U.S. S.Ct. Briefs LEXIS 2913).

  • September 18, 2017

    EpiPen Consumer, Competitor Claims Put On Separate Tracks In Multidistrict Litigation

    TOPEKA, Kan. — The Kansas federal judge overseeing the new EpiPen multidistrict litigation on Sept. 14 ordered separate tracks for consumer class claims and an antitrust lawsuit (In Re:  EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-md-2785, D. Kan.).

  • September 18, 2017

    Incretin Mimetic Appeal Must Address 3rd Circuit Case, 9th Circuit Tells Parties

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Sept. 15 told parties in the incretin mimetics multidistrict litigation appeal that it wants them to address the effect of the Third Circuit’s warnings ruling in the Fosamax femur fracture multidistrict litigation when their case comes up for argument on Oct. 3 (In Re:  Incretin-Based Therapies Products Liability Litigation, Jean Adams, et al. v. Merck Sharp & Dohme Corp., et al., No. 15-56997, 9th Cir.).

  • September 14, 2017

    MDL Judge Won’t Keep AndroGel Marketing Out Of Bellwether Retrial

    CHICAGO — An Illinois federal multidistrict litigation judge on Sept. 13 denied a motion by AbbVie Inc. to reconsider his decision allowing certain marketing evidence in a Sept. 18 retrial of an AndroGel heart attack case (In Re:  Testosterone Replacement Therapy Products Liability Litigation, MDL No. 14-1748, N.D. Ill.).

  • September 14, 2017

    Judge Finds No Support For Drugmaker’s UCL, Antitrust Claims

    SACRAMENTO, Calif. — After finding that a biotechnology company failed to show that it is a current or potential competitor of a company that uses the same pharmaceutical ingredient in its product, a California federal judge on Sept. 12 dismissed its claims for violation of California’s unfair competition law (UCL) and other causes of action (Ixchel Pharma LLC v. Biogen Inc., No. 2:17-00715, E.D. Calif., 2017 U.S. Dist. LEXIS 147742).

  • September 14, 2017

    Missouri Supreme Court: $38M Depakote Birth Defect Verdict Came From ‘Fair Trial’

    JEFFERSON CITY, Mo. — The Missouri Supreme Court on Sept. 12 ruled that Abbott Laboratories Inc. received a fair trial in a Depakote birth defect case that resulted in a $38 million judgment (Miasia Barron, et al. v. Abbott Laboratories, Inc., No. SC96151, Mo. Sup., 2017 Mo. LEXIS 403).

  • September 14, 2017

    Judge: Reliance On Erroneous Information In Securities Suit Fatal To Claims

    OAKLAND, Calif. — The lead plaintiff in a securities class action lawsuit against a clinical stage biopharmaceutical company relied on erroneous information in arguing that the company and certain of its senior executives concealed from investors certain adverse events observed in a phase III clinical trial for the company’s hepatitis B drug in violation of federal securities laws, a federal judge in California ruled Sept. 12 in granting the defendants’ motion to dismiss (In re Dynavax Securities Litigation, No. 16-6690, N.D. Calif., 2017 U.S. Dist. LEXIS 147760).

  • September 12, 2017

    5th Circuit Affirms Summary Judgment In Medtronic Spinal Plate Case

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Sept. 11 affirmed summary judgment in a spinal plate lawsuit and the denial of the plaintiff’s “newly discovered evidence” in the case (Bryant Lyles v. Medtronic Sofamor Danek, USA, Inc., No. 16-30517, 5th Cir., 2017 U.S. App. LEXIS 17534).