Mealey's Drugs & Devices
-
May 30, 2023
Plaintiffs, Defendants Settle 154 Physiomesh Hernia Patch MDL Cases
ATLANTA — Plaintiffs in the Ethicon Physiomesh hernia patch multidistrict litigation and counsel for defendants Johnson & Johnson and Ethicon Inc. have told the court that they have “compromised and settled all claims” in 154 cases.
-
May 26, 2023
1st Circuit Affirms Dismissal Of DePuy Hip Qui Tam Case But Seals Opinion For Now
BOSTON — The First Circuit U.S. Court of Appeals has affirmed a district court’s dismissal of a DePuy Orthopaedics Inc. Pinnacle hip whistleblower case but filed it under temporary seal pending objections by the parties to publicly releasing the opinion.
-
May 26, 2023
Xyrem Antitrust MDL Judge OKs 3 Classes, Approves $3.4M Pact With 2 Defendants
SAN FRANCISCO — A California federal judge overseeing the Xyrem antitrust multidistrict litigation certified three classes of claimants against two drug companies and granted preliminary approval of a $3.4 million settlement of claims that the defendants conspired to keep a generic version of the narcolepsy drug off the market.
-
May 26, 2023
Insulin Pricing MDL Sought By 5 States For Drug Makers, PBMs
WASHINGTON, D.C. — Five states have asked the Judicial Panel on Multidistrict Litigation (JPMDL) to centralize five federal lawsuits alleging that the three largest manufacturers of insulin and the three largest pharmacy benefit managers (PBMs) schemed to monopolize the market and to artificially inflate the cost of the diabetes hormone.
-
May 26, 2023
6th Circuit: Walmart Cough Syrup Class Action Meets CAFA Threshold For Removal
ST. LOUIS — Exercising its discretion to review a remand to state court, the Sixth Circuit U.S. Court of Appeals found that a class action involving whether Walmart’s cough suppressant is “non-drowsy” meets the $5 million amount-in-controversy requirement of the Class Action Fairness Act (CAFA) and that the case can be removed to federal court.
-
May 26, 2023
Judge: Doctor Didn’t Prove Harm From Rite Aid’s Refusal To Fill Opioid Prescriptions
SACRAMENTO, Calif. — A California federal judge granted summary judgment for pharmacy chain Rite Aid Corp. in a doctor’s lawsuit alleging that the chain engaged unfair competition and defamed him when it told some of its pharmacies not to fill his prescriptions for controlled substances.
-
May 25, 2023
Immunomedics CFO Pleads Guilty To Insider Trading About Breast Cancer Drug
NEWARK, N.J. — The former chief financial officer (CFO) of Immunomedics Inc. has pleaded guilty to one charge of insider trading, admitting that he gave insider information about a new drug development and then made about $213,000 in profit off of a $65,000 purchase of company stock.
-
May 24, 2023
Walgreen Agrees In Principle To Class Settlement Of Arizona Theranos Case
PHOENIX — Plaintiffs and pharmacy chain Walgreen told an Arizona federal court that they have reached an agreement in principle to resolve class claims involving tests conducted in Arizona and California pharmacies by the now-defunct Theranos Inc. blood testing company.
-
May 24, 2023
Heart Device Maker Pays $400,000 For Selling ECG Cables Not Made In The U.S.
PROVIDENCE, R.I. — Heart device manufacturer Zoll Medical Corp. has agreed to pay the United States $400,000 for violating the Trade Agreements Act (TAA) by misrepresenting that replacement electrocardiogram (ECG) cables sold to the federal government were made in the United States when, in fact, they were made in China, according to a settlement agreement.
-
May 23, 2023
Primary Drug Investigator Convicted Of Making False Statements To FDA
MIAMI — A Florida doctor who was the primary investigator at a clinical study site has been convicted in the U.S. District Court for the Southern District of Florida of making false statements to Food and Drug Administration inspectors, but he and two co-defendants were acquitted of other charges including conspiracy to commit mail and wire fraud, mail fraud and money laundering after a 15-day trial.
-
May 23, 2023
Walgreen Pharmacy Chain Settles San Francisco’s Opioid Case For $229M
SAN FRANCISCO — San Francisco and pharmacy chain Walgreen Co. told a California federal judge that they have agreed to settle San Francisco’s opioid litigation for $229.61 million to be paid over 15 years, according to a joint status report.
-
May 22, 2023
Judge Dismisses Quest’s Third-Party Claims Against Agent In Opioid Coverage Dispute
CINCINNATI — A federal judge in Kentucky issued an agreed order of dismissal of Quest Pharmaceuticals Inc.’s third-party complaint alleging negligence and breach of contract against an insurance agent in a coverage dispute over lawsuits alleging that Quest improperly distributed opioids.
-
May 18, 2023
4th Circuit Asks West Virginia High Court To Rule On Alternative Design Standard
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals has asked the West Virginia Supreme Court of Appeals whether the state’s new pattern jury instructions (PJIs) for strict liability design defects in civil cases requires a plaintiff to prove both that an alternative design exists and that the alternative design must eliminate the risk of harm to the patient.
-
May 18, 2023
Judge Won’t Dismiss Mifepristone Maker’s Challenge Of West Virginia Abortion Law
HUNTINGTON, W.Va. — A West Virginia federal judge has denied motions by West Virginia’s attorney general and a county prosecutor to dismiss for lack of standing a lawsuit by a mifepristone manufacturer challenging the state’s new restrictions on medication abortions.
-
May 18, 2023
Wisconsin High Court: Ivermectin Treatment Order Lacked Basis In Law
MADISON, Wis. — On a 6-1 vote, the Wisconsin Supreme Court has affirmed an intermediate appeals court’s reversal of an injunction that would have forced a hospital to allow a health care power of attorney to have ivermectin administered to a COVID-19 patient or force a hospital to consider credentialing a health care provider who could administer the drug.
-
May 18, 2023
Elizabeth Holmes Seeks, Gets May 30 Prison Report Date To Put Affairs In Order
SAN JOSE, Calif. — A California federal judge on May 17 granted a request by Theranos Inc. founder and former CEO Elizabeth A. Holmes to give her until May 30 to get her affairs in order before she reports to federal prison.
-
May 17, 2023
9th Circuit Denies Bail For Elizabeth Holmes Pending Appeal Of Fraud Conviction
SAN FRANCISCO — Theranos Inc. founder and former CEO Elizabeth A. Holmes on May 16 had her motion for bail pending appeal of her securities fraud conviction denied by the Ninth Circuit U.S. Court of Appeals, with a panel saying there is no debatable question of law or fact and no likely outcome that is likely to result in a reversal of conviction, a new trial, a sentence of no imprisonment or a sentence shorter than the current 11-year term.
-
May 17, 2023
Theranos’ Holmes, Balwani Ordered To Pay $452M In Restitution For Fraud
SAN JOSE, Calif. — The California federal judge presiding over the Theranos Inc. fraud case on May 16 ordered defendants Elizabeth A. Holmes and Ramesh “Sunny” Balwani to pay restitution of $452.04 million.
-
May 16, 2023
Acetaminophen ASD/ADHD MDL Judge Asks FDA For Views On Proposed Pregnancy Warning
NEW YORK — The New York federal judge overseeing the acetaminophen autism spectrum disorder (ASD) attention-deficit/hyperactivity disorder (ADHD) multidistrict litigation has invited the Food and Drug Administration to submit its views on whether a new pregnancy warning should be required on all acetaminophen products and whether current science warrants a new warning label or advice about in utero exposure to the anti-inflammatory product.
-
May 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.