PHOENIX — The Arizona federal judge overseeing the C.R. Bard Inc. inferior vena cava (IVC) multidistrict litigation on July 12 granted summary judgment in the next bellwether case on the grounds that the plaintiff missed the statute of limitations (In Re: Bard IVC Filters Product Liability Litigation, MDL Docket No. 2641, No. 15-md-2641, Carol Kruse v. C.R. Bard, Inc., No. 15-1634, D. Ariz.).
LAS VEGAS — A week after Nevada announced its new death penalty drug cocktail, a state court judge on July 11 granted a drug company’s motion for a temporary restraining order after objecting that its reputation for making life-saving and life-enhancing drugs, including its sedation drug midazolam, will suffer irreparable harm the drug is used in an execution that was scheduled for July 11 (Alvogen, Inc. v. Nevada, et al., No. A-18-777312-B, Nev. Dist., Clark Co.).
BURLINGTON, Ky. — The Kentucky attorney general on June 14 sued the Walgreens pharmacy chain, saying it contributed to the opioid epidemic in the state by failing to flag suspicious orders and prescriptions for the drugs (Kentucky, ex rel. Andy Beshear, et al. v. Walgreens Boots Alliance, Inc., et al., No. 18-CL-846, Ky. Cir., Boone Co.).
BLOUNTVILLE, Tenn. — A Tennessee state court on June 12 denied a motion by four opioid defendants to dismiss three state district attorneys’ lawsuit that primarily claims violation of the Tennessee Drug Dealer Liability Act (DDLA) (Barry Stabus, et al. v. Purdue Pharma, L.P., et al., No. C-41916, Tenn. Cir., Sullivan Co., 2018 Tenn. Cir. LEXIS 300).
New developments in the following mass tort drug and device cases are marked in boldface type.
CINCINNATI — The Sixth Circuit U.S. Court of Appeals on June 29 affirmed dismissal with prejudice of an amiodarone death claim, finding that the alleged failure of the drug manufacturer to provide a required medication guide is preempted because it sought to enforce a violation of federal law (Rita McDaniel, et al. v. Upsher-Smith Laboratories, Inc., No. 17-5741, 6th Cir., 2018 U.S. App. LEXIS 17884).
WASHINGTON, D.C. — Three plaintiffs on June 19 asked a federal judicial panel to create a multidistrict litigation for 22 federal lawsuits involving the Zimmer M/L taper hip prosthesis (In Re: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and VerSys Femoral Head Products Liability Litigation, MDL Docket No. 2859, JPMDL).
CHICAGO — Actavis Inc. and related entities on June 28 told the testosterone replacement therapy multidistrict litigation court that it has entered into a memorandum of understanding with plaintiff attorneys for a potential global settlement, including all filed cases (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill., Eastern Div.).
WASHINGTON, D.C. — The 12-year-old Fosamax jaw injury multidistrict litigation was closed June 11 after a New York federal judge told the Judicial Panel on Multidistrict Litigation (JPMDL) that all matters in the case have been closed (In Re: Fosamax Products Liability Litigation, MDL Docket No. 1789, No. 06-md-1789, S.D. N.Y.).
BROOKLYN, N.Y. — A New York federal judge on June 29 granted summary judgment in a Risperdal gynecomastia case, finding that the drug’s various labels warned of the risk and that the plaintiff presented no specific causation testimony (Tyrieke Chandler v. Janssen Pharmaceuticals, Inc., et al., No. 15-3106, E.D. N.Y., 2018 U.S. Dist. LEXIS 109346).
PHOENIX — An Arizona federal judge on June 19 denied a motion for judgement as a matter of law (JMOL) or a new trial in a $3.6 million C.R. Bard Inc. inferior vena cava (ICV) filter multidistrict litigation bellwether trial (In Re: Bard IVC Filters Product Liability Litigation, No. 15-2641, Sherr-Una Booker v. C.R. Bard, Inc., et al., No. 16-474, D. Ariz., 2018 U.S. Dist. LEXIS 102264).
PHILADELPHIA — The Pennsylvania Supreme Court on July 5 granted a petition on whether two Risperdal gynecomastia lawsuits are barred by the statute of limitations (In Re: Risperdal Litigation, Jonathan Sasek v. Janssen Pharmaceuticals, Inc., et al., No. 75 EAL 2018, and Joshua Winter v. Janssen Pharmaceuticals, Inc., No. 76 EAP 2018, 2018 Pa. LEXIS 3424).
INDIANAPOLIS — Parties in the Cook Medical Inc. inferior vena cava (IVC) filter multidistrict litigation on July 5 agreed to the dismissal without prejudice of 113 noninjury cases, according to an order by the U.S. District Court for the Southern District of Indiana (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Product Liability Litigation, MDL Docket No. 2570, No. 14-ml-2570, S.D. Ind., Indianapolis Div.).
CHICAGO — An Illinois federal judge on July 5 dismissed without prejudice an antitrust lawsuit alleging that Baxter International Inc. and Hospira Inc. conspired to create a shortage of saline intravenous (IV) solution to drive up prices and get long-term supply contracts (Washington County Health Care Authority, Inc., et al. v. Baxter International Inc., et al., No. 16-10324, N.D. Ill., Eastern Div., 2018 U.S. Dist. LEXIS 112064).
BLUEFIELD, W. Va. — A West Virginia federal judge on July 5 granted judgment for the distributors of Abilify, finding that the drug’s label explicitly warned about the risk of tardive dyskinesia that the plaintiff claims was caused by the atypical antipsychotic drug (Donald N. Proffitt, Jr., et al. v. Bristol-Myers Squibb Company, et al., No. 4391, S.D. W.Va., 2018 U.S. Dist. LEXIS 111895).
BOSTON — A First Circuit U.S. Court of Appeals panel on June 18 upheld a ruling dismissing a woman’s lawsuit against Merck & Co. Inc., the state of Maine and the federal government over the failure of an implantable contraceptive to prevent pregnancy, finding that Maine’s Wrongful Birth Statute is constitutional and that it bars the woman’s claims because she gave birth to a healthy baby boy in June 2014 (Kayla Doherty v. Merck & Co. Inc., et al., No. 17-1997, 1st Cir., 2018 U.S. App. LEXIS 16322).
LONDON — The United Kingdom Medicines and Healthcare Products Regulatory Agency on July 5 warned that a “precautionary recall” of a blood pressure drug made by two generic manufacturers is underway across Europe after an “impurity” was found in an active ingredient made at a facility in China.
CHICAGO — The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on July 5 vacated a $140.14 million verdict in the second AndroGel bellwether trial, finding the jury’s inconsistent verdict on the same causation evidence warranted a new trial (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Jeffrey Konrad v. AbbVie, Inc., et al., No. 15-966, N.D. Ill., E. Div., 2018 U.S. Dist. LEXIS 111724).
LITTLE ROCK, Ark. — An Arkansas federal judge on July 2 issued a preliminary injunction against enforcement of the state’s law requiring physicians who perform drug-induced abortions to be under contract and to have admitting privileges at a hospital with an emergency room (Planned Parenthood Arkansas and Eastern Oklahoma, et al. v. Larry Jegley, et al., No. 15-784, E.D. Ark., Western Div., 2018 U.S. Dist. LEXIS 110358).
SAN FRANCISCO — A woman’s amended complaint that states she did not learn until 2016 that her 11-year use of proton pump inhibitors (PPIs) made by AstraZeneca Pharmaceuticals LP and AstraZeneca LP could have caused her to develop kidney failure that was diagnosed in 2011 sufficiently showed that the discovery rule tolled the two-year statute of limitations on her lawsuit, a Ninth Circuit U.S. Court of Appeals panel ruled June 28 in reversing a ruling dismissing the action (Cindi Bekins v. AstraZeneca Pharmaceuticals LP, et al., No. 17-55461, 9th Cir., 2018 U.S. App. LEXIS 17797).