SANTA ANA, Calif. — Teva Pharmaceuticals Inc. has agreed to settle an opioid marketing lawsuit filed by Orange and Santa Clara counties for $1.6 million and marketing restrictions, Santa Clara County announced May 24 in a press release (State of California, et al. v. Purdue Pharma LP, et al., No. 2014-00725287, Calif. Super., Orange Co.).
HARRISBURG, Pa. — Johnson & Johnson on May 24 agreed to an injunction regarding recalled over-the-counter drugs and to pay $33 million to 42 states for violations of their respective consumer protection laws (Commonwealth of Pennsylvania, et al. v. Johnson & Johnson Consumer Inc., et al., No. 2017-cv-4007, Pa. Comm. Pls., Dauphin Co.).
EAST ST. LOUIS, Ill. — A Depakote birth defect trial got under way on May 23 in an Illinois federal court (E.G., et al. v. Abbott Laboratories Inc., No. 15-702, S.D. Ill.).
INDIANAPOLIS — An Indiana judge overseeing the Cook Medical Inc. inferior vena cava (IVC) multidistrict litigation on May 17 granted judgment to the device maker on a bellwether plaintiff’s claim of negligence per se (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Product Liability Litigation, MDL Docket No. 2570, No. 15-ml-2570, Elizabeth Jane Hill v. Cook Medical, Inc., No. 14-6016, S.D. Ind., Indianapolis Div.).
CHICAGO — In the wake of the raising of statute of limitations/statute of repose defenses at the 11th-hour of the first bellwether case, the Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on May 23 ordered non-AbbVie Inc. defendants to replead any affirmative defenses that they contend still apply to a bellwether case (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill., Eastern Div.).
FRESNO, Calif. — A California federal judge on May 23 granted summary judgment in a Smith & Nephew Inc. knee case, saying that the plaintiff failed to present much evidence to support his claims and that his rebuttals fell short (Ruben B. Merancio, et al. v. Smith & Nephew, Inc., et al., No. 15-807, E.D. Calif., 2017 U.S. Dist. LEXIS 78352).
SILVER SPRING, Md. — The Food and Drug Administration on May 23 said Abbott-Thoratec has issued a Class I recall of its HeartMate II LVAS (left ventricular assist system) controller after receiving reports of 19 injuries and 26 deaths associated with the heart device.
BROOKLYN, N.Y. — Two medical experts lack the qualifications and reliable methodology to opine that a mother’s use of an anti-epileptic drug linked to birth defects caused her son’s severe birth defects, so summary judgment for the drugmaker is warranted on the mother’s failure-to-warn claims, a New York federal magistrate judge held May 22 (N.K., an infant, by his mother and natural guardian, Tanja Bruestle-Kumra v. Abbott Laboratories, No. 14-cv-4875, E.D. N.Y., 2017 U.S. Dist. LEXIS 77461).
PEORIA, Ill. — An Illinois federal judge on May 22 granted summary judgment to hip maker Smith & Nephew Inc. because the plaintiff’s deposition testimony showed that she was aware of possible fault prior to the expiration of the statute of limitations (Doris R. Cochran v. Smith & Nephew, Inc., No. 16-1121, C.D. Ill., 2017 U.S. Dist. LEXIS 77095).
NEW YORK — A New York federal judge on May 22 dismissed a hernia patch lawsuit because the plaintiff failed to show that the device caused her alleged injuries and because she failed to allege that the device was defective (Judith Rincon v. Coviden, et al., No. 16-10033, S.D. N.Y., 2017 U.S. Dist. LEXIS 77458).
NEWARK, N.J. — Lead plaintiffs in a securities class action lawsuit against a pharmaceutical company and its CEO have failed to plead any material misstatements or omissions in arguing that the defendants misrepresented that the company’s new drug was expected to gain U.S. Food and Drug Administration approval in violation of federal securities laws, a federal judge in New Jersey ruled May 19 in granting the defendants’ motion to dismiss (Blake Bauer v. Eagle Pharmaceuticals Inc., et al., No. 16-3091, D. N.J., 2017 U.S. Dist. LEXIS 76247).
CHICAGO — The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on May 22 struck defendant AbbVie Inc.’s motion for summary judgment in the first bellwether trial after ruling that the defendant waived its statute of limitations and statute of repose defenses by raising them only weeks before the June 5 trial (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Jeffrey Konrad v. AbbVie, Inc., No. 15-966, N.D. Ill., E. Div.).
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on May 17 affirmed a district court’s finding that a plaintiff's neurological injury claim involving the atypical antipsychotic drug Abilify was filed too late (Cory Jenkins v. Bristol-Myers Squibb Company, et al., No. 16-31133, 5th Cir., 2017 U.S. App. LEXIS 8673).
BOSTON — A federal district court judge did not err in dismissing a shareholder class action lawsuit because the lead plaintiff failed to plead scienter in making its federal securities law claims against a drug maker and certain of its executive officers, a First Circuit U.S. Court of Appeals panel ruled May 12 in affirming the lower court’s decision (In re Biogen Inc. Securities Litigation, No. 16-1976, 1st Cir., 2017 U.S. App. LEXIS 8475).
BOSTON — The Massachusetts federal judge overseeing the Zofran multidistrict litigation on April 24 denied defendant GlaxoSmithKline LLC’s (GSK) motion to dismiss the plaintiffs’ fraud-based complaint for failing to plead with the particularity required by Federal Rule of Civil Procedure 9(b), Fed. R. Civ. P. 9(b) (In Re: Zofran [Ondansetron] Products Liability Litigation, MDL Docket No. 2657, No. 15-md-2657, D. Mass., 2017 U.S. Dist. LEXIS 61701).
PORTLAND, Ore. — Johnson & Johnson on May 8 agreed to pay $406,100 plus interest, attorney fees and costs to settle Oregon’s lawsuit that the drug maker violated state consumer law by conducting a “phantom recall” of Motrin brand ibuprofen without telling consumers there was an in-fact recall (State of Oregon, ex rel. Ellen F. Rosenblum, et al. v. Johnson & Johnson, et al., No. 1101-00494, Ore. Cir., Multnomah Co.).
NEW YORK — The New York federal judge overseeing the newly created Eliquis multidistrict litigation on May 9 ordered all plaintiffs to show cause why her May 8 dismissal of one case should not be applied to all cases (In Re: Eliquis [Apixaban] Products Liability Litigation, MDL Docket No. 2754, No. 17-md-2754, Charlie Utts, et al. v. Bristol-Myers Squibb Company, et al., No. 16-5668, S.D. N.Y., 2017 U.S. Dist. LEXIS 73017).
BOSTON — A Massachusetts federal judge on May 16 said he intends to deny a motion for acquittal or a new trial to the former head of the New England Compounding Center (NECC) on the grounds of government misconduct after examining two trial exhibits the defendant said prejudiced him (United States of America v. Barry J. Cadden, No. 14-10363, D. Mass.).
New developments in the following mass tort drug and device cases are marked in boldface type.
LOS ANGELES — Halyard Health Inc. on May 1 filed a lawsuit asking a California state court to issue a declaratory judgment that it does not have to indemnify Kimberly-Clark Corp. for a $454 million surgical gown state class action verdict (Halyard Health, Inc. v. Kimberly-Clark Corporation, No. BC659662, Calif. Super., Los Angeles Co.).