Mealey's Drugs & Devices

  • February 23, 2017

    6 Claims Survive In Whole Or In Part In 5 Federal Cases Involving Essure Device

    PHILADELPHIA — All or parts of six claims involving the Essure birth control device on Feb. 21 survived dismissal the second time around while defendant Bayer Corp. picked up dismissals of other counts or parts of them (Helen McLaughlin v. Bayer Corporation, et al., No. 14-7315, Ruth Ruble v. Bayer Corporation, et al., No. 14-7316, Melda Strimel v. Bayer Corporation, et al., No. 14-7317, Susan Stelzer v. Bayer Corporation, et al., No. 14-7318, Heather Walsh v. Bayer Corporation, et al., No. 15-384, E.D. Pa., 2017 U.S. Dist. LEXIS 24378).

  • February 23, 2017

    9th Circuit Stays Cymbalta Class Withdrawal Appeal Pending Supreme Court Case

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Feb. 21 stayed an appeal in a Cymbalta withdrawal class action pending a U.S. Supreme Court ruling in a case with a similar issue (Melissa Strafford, et al. v. Eli Lilly and Company, No. 15-56808, 9th Cir.).

  • February 23, 2017

    U.S. Supreme Court Won’t Hear Avandia Common Benefit Fee Appeal

    WASHINGTON, D.C. — The U.S. Supreme Court on Feb. 21 denied review of a circuit court ruling that a plaintiffs law firm is obligated to pay a 7 percent common benefit fee from the settlement of its state court multiplaintiff lawsuit to attorneys who ran a federal multidistrict litigation (Law Offices of Steven M. Johnson, P.C., et al. v. Plaintiffs’ Advisory Committee, No. 16-804, U.S. Sup.).

  • February 23, 2017

    Boston Scientific Recalls All Lotus Valve Heart Devices Due To Premature Release

    MARLBOROUGH, Mass. — Boston Scientific Corp. on Feb. 23 announced that it has voluntarily recalled all of its Lotus Valve devices, including the Lotus with Depth Guard, from global commercial and clinical sites due to reports of premature release of a pin connecting the valve to its delivery system.

  • February 23, 2017

    Federal Murder Trial In NECC Fungal Meningitis Trial Passes 1-Month Mark

    BOSTON — The federal murder trial of the former president and chief pharmacist of the New England Compounding Center (NECC) on Feb. 21 passed its 30th day of testimony on Nov. 21 with the government presenting its 33rd witness (United States of America v. Barry J. Cadden, et al., No. 14-10363, D. Mass.).

  • February 22, 2017

    Hearing March 30 For MDL Involving Smith & Nephew Metal-On-Metal Hips

    WASHINGTON, D.C. — A federal judicial panel will hear arguments March 30 on centralizing 31 federal lawsuits alleging injuries from Smith & Nephew BHR and R3 hip implants (In Re:  Smith& Nephew BHR and R3 Hip Implant Products Liability Litigation, MDL Docket No. 2775, JPMDL).

  • February 22, 2017

    Mirena Brain Injury MDL To Be Considered At March 30 Hearing

    WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation (JPMDL) on Feb. 14 said it will hear arguments March 30 on the centralization of federal lawsuits alleging that the Mirena intrauterine device (IUD) causes intracranial hypertension (IH) (In Re:  Mirena IUS Levonorgestrel-Related Products Liability Litigation [No. II], MDL Docket No. 2767, JPMDL).

  • February 22, 2017

    6th Circuit Backs Trial Court Preemption Ruling In Depakote Birth Defect Case

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Feb. 21 affirmed a preemption ruling in a Depakote birth defect case and said the trial judge did not err in limiting plaintiff experts’ testimony or failing to give the jury her proposed instructions about warnings (Pamela Rheinfrank, et al. v. Abbott Laboratories, Inc., et al., No. 16-3347, 6th Cir.).

  • February 22, 2017

    Boston Scientific Settles With 1 Plaintiff In $26.74M Pelvic Mesh Bellwether Trial

    ATLANTA — One of four plaintiffs who won a $26.74 million pelvic mesh verdict against Boston Scientific Corp. has settled with the defendant, defense counsel told the 11th Circuit U.S. Court of Appeals on Feb. 21 (Amal Eghnayem, et al. v. Boston Scientific Corporation, No. 16-11818-H, 11th Cir.).

  • February 21, 2017

    New Jersey Appeals Panel Says Plaintiff Can Sue For Most Recent Recall Of Wipes

    TRENTON, N.J. — A New Jersey appeals court on Feb. 16 said a plaintiff who claims that he was infected by recalled medical wipes missed the state statute of limitations for one lot but not the second (Kenneth Nicolosi, et al. v. Smith and Nephew, Inc., et al., No. 1-1108-15T2, N.J. Super., App. Div., 2017 N.J. Super. Unpub. LEXIS 389).

  • February 21, 2017

    Sorin Opposes MDL For Cases For Blood Temperature Device; Hearing March 30

    WASHINGTON, D.C. — The manufacturer of a surgical blood temperature device on Feb. 17 opposed centralization of 15 federal lawsuits alleging intraoperative infections because there are too few cases and too few common issues of fact (In Re:  Sorin 3T Heater-Cooler System Products Liability Litigation, MDL Docket No. 2772, JPMDL).

  • February 17, 2017

    New Jersey Supreme Court Files Notice For Stryker LFIT Hip Multicounty Litigation

    TRENTON — The New Jersey Supreme Court on Feb. 6 said it has received an application from a plaintiff attorney to designate state court lawsuits involving the Stryker LFIT V40 femoral hip prosthesis as a multicounty litigation.

  • February 17, 2017

    Zimmer Biomet Shoulder Device Recalled For High Fracture Rate, FDA Says

    SILVER SPRING, Md. — Zimmer Biomet has recalled its Comprehensive Reverse Shoulder because the prosthesis is fracturing at a higher rate than listed on the device’s label, the Food and Drug Administration announced Feb. 16.

  • February 17, 2017

    West Virginia Court Rules Zoloft Heart Defect Cases Need Labeling Expert

    CHARLESTON, W.Va. — A West Virginia state judicial panel on Feb. 15 granted summary judgment to Pfizer Inc. in two Zoloft heart defect cases, ruling that the plaintiffs require expert testimony to establish failure to warn and that they cannot rely on record evidence or even the defendants’ own witnesses to do so (In Re:  Zoloft Litigation, No. 14-C-7000, J.C., et al., No. 12-C-146-WNE, I.H., et al., No. 13-C-229-WNE, W.Va. Cir., Kanawha Co.).

  • February 17, 2017

    Trades Council Appointed Lead Plaintiff In Securities Class Action Lawsuit

    SAN FRANCISCO — A shareholder has met all statutory requirements to serve as lead plaintiff in a securities class action lawsuit against a pharmaceutical company and certain current and former executive officers over their alleged misrepresentations concerning their involvement in a generic drug price-fixing scheme in violation of federal securities laws, a federal judge in California ruled Feb. 15 (Greg Fleming v. Impax Laboratories Inc., et al., No. 16-6557, N.D. Calif., 2017 U.S. Dist. LEXIS 22147).

  • February 17, 2017

    Parties Debate Whether Lead Plaintiffs Properly Pleaded Loss Causation

    CINCINNATI — Parties in a securities class action lawsuit recently asked the Sixth Circuit U.S. Court of Appeals to determine whether a federal district court erred in dismissing the lead plaintiffs’ amended complaint for failure to plead loss causation (Norfolk County Retirement System v. Community Health Systems Inc., et al., No. 16-6059, 6th Cir.).

  • February 17, 2017

    1st Circuit Asked To Decide Whether Court Properly Dismissed Securities Claims

    BOSTON — Parties in a securities class action lawsuit against a drug maker and certain of its executive officers recently asked the First Circuit U.S. Court of Appeals to determine whether a federal district court erred in dismissing the lead plaintiff’s amended complaint for failure to plead scienter and abused its discretion in denying the lead plaintiff’s motion to vacate the dismissal order (In re Biogen Inc. Securities Litigation, No. 16-1976, 1st Cir.).

  • February 16, 2017

    Zimmer Biomet Shoulder Device Recalled For High Fracture Rate, FDA Says

    SILVER SPRING, Md. — Zimmer Biomet has recalled its Comprehensive Reverse Shoulder because the prosthesis is fracturing at a higher rate than listed on the device’s label, the Food and Drug Administration announced Feb. 16.

  • February 16, 2017

    Motion For LFIT Hip MDL To Be Heard March 30; Defendant Opposes

    WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation (JPMDL) on Feb. 14 scheduled arguments about whether federal lawsuits involving the Stryker Orthopaedics LFIT V40 femoral head hip device should be centralized (In Re:  Stryker Orthopaedics LFIT V40 Femoral Head Products Liability Litigation, MDL Docket No. 2769, JPMDL).

  • February 16, 2017

    Illinois Federal Judge Won’t Exclude Expert In Case About Bone-Lengthening Device

    CHICAGO — An Illinois federal judge on Feb. 15 denied a motion by an orthopedic device manufacturer to exclude the testimony of a plaintiff expert about an alleged flaw in the device (Timothy Bellas v. Orthofix, Inc., No. 14-9623, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 21166).