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Mealey's Drugs & Devices

  • January 17, 2019

    Brochure’s Claims About Metal-On-Metal Biomet Hip Aren’t Just ‘Puffery,’ Judge Says

    NEWARK, N.J. — A New Jersey federal judge on Jan. 15 denied dismissal of two out of three breach of warranty claims in a Biomet M2A Magnum hip lawsuit, finding that a Biomet brochure about the device went beyond “mere puffery” (David Metcalfe v. Biomet, Inc., et al., No. 18-456, D. N.J., 2019 U.S. Dist. LEXIS 7000).

  • January 16, 2019

    Minnesota Appeals Court Affirms Summary Judgment In Bair Hugger Lawsuits

    ST. PAUL, Minn. — A Minneapolis Court of Appeals panel on Jan. 14 affirmed that plaintiffs claiming to have suffered surgical site infections (SSIs) from the Bair Hugger surgical patient warming device failed to present admissible expert evidence that the device causes infections (In re:  3M Bair Hugger Litigation, No. A18-0473, Minn. App., 2019 Minn. App. LEXIS 11).

  • January 16, 2019

    Pennsylvania Judge Asks Appeals Court To Quash IVC Filter Appeal

    PHILADELPHIA — A Pennsylvania judge on Jan. 10 told the state Superior Court it should quash an appeal by an inferior vena cava (IVC) filter defendant because his order finding personal jurisdiction over the defendant is not final and appealable (In Re:  Option Vena Cava Filter Litigation, No. 170501600, Pa. Comm. Pls., Philadelphia Co.).

  • January 15, 2019

    8th Circuit Affirms That Mirapex Compulsive Gambling Claim Is Time-Barred

    ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Jan. 10 affirmed summary in a Mirapex compulsive gambling case, agreeing with the multidistrict litigation court that the plaintiff missed the applicable statute of limitations and failed to show that he was “insane” and couldn’t have filed sooner (In Re:  Mirapex Products Liability Litigation, Marc Mancini v. Boehringer Ingelheim Pharmaceuticals, Inc., et al., No. 17-2204, 8th Cir., 2019 U.S. App. LEXIS 849).

  • January 14, 2019

    2nd Insys Executive Cooperates Against 5 Other Defendants, Admits To $3.5M Profit

    BOSTON — The former president and CEO of Subsys maker Insys Pharmaceuticals Inc. has agreed to cooperate with a U.S. attorney as part of his guilty plea to paying kickbacks and bribes to get doctors to prescribe the opioid to noncancer patients, according to a Jan. 9 docket entry in the U.S. District Court for the District of Massachusetts (United States v. Michael L. Babich, et al., No. 16-10343, D. Mass.).

  • January 14, 2019

    Teva Pharmaceuticals Pays $135M To Illinois To Settle Wholesale Drug Price Suit

    CHICAGO — Teva Pharmaceuticals USA Inc. has agreed to pay $135 million to resolve allegations that it inflated wholesale prices of its drugs, the Illinois Attorney General’s Office announced Jan. 10.

  • January 14, 2019

    Judge Denies Separate Trial For Insys Defendant In Fentanyl RICO Case

    BOSTON — A Massachusetts federal judge on Jan. 10 denied a motion by one of the five remaining corporate criminal defendants in the Subsys fentanyl racketeering case to be tried separately (United States v Michael L. Babich, et al., No. 16-cr-10343, D. Mass., 2019 U.S. Dist. LEXIS 4509).

  • January 9, 2019

    Pennsylvania Appeals Court: Post-Trial Motion In $2.4M Pelvic Mesh Case Untimely

    PHILADELPHIA — The Pennsylvania Superior Court on Dec. 21 affirmed that a trial court did not err in rejecting as untimely the post-trial motions of defendants Ethicon Inc. and parent company Johnson & Johnson in a pelvic mesh case that resulted in a $2.43 million verdict (Sharon Beltz v. Ethicon Women’s Health and Urology, et al., No. 2138 EDA 2017, Pa. Super., 2018 Pa. Super. Unpub. LEXIS 4780).

  • January 9, 2019

    Mass Tort Cases For Drugs, Medical Devices

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

  • January 9, 2019

    Connecticut Judge Says Cities’ Opioids Lawsuits Would Result In ‘Junk Justice’

    HARTFORD, Conn. — A Connecticut state court judge on Jan. 8 dismissed four lawsuits filed by 37 cities against 25 opioid manufacturers, saying that because case law prohibits the type of monetary recovery they seek, the court lacks jurisdiction (City of New Haven v. Purdue Pharma, L.P., et al., No. X07 HHD CV 17 6086134 S, Conn. Super., Hartford Dist.).

  • January 9, 2019

    11th Circuit Affirms; Opioid Off-Label Promotion Claim Is Preempted

    ATLANTA — The 11th Circuit U.S. Court of Appeals on Dec. 19 affirmed dismissal of a fentanyl opioid wrongful death case because the plaintiff’s allegation of negligent marketing is preempted by federal law (Robert N. Markland, et al. v. Insys Therapeutics, Inc., et al., No. 17-14607, 11th Cir., 2018 U.S. App. LEXIS 35548).

  • January 9, 2019

    Supreme Court Asked To Reverse Preemption Ruling In Paxil Suicide Case

    WASHINGTON, D.C. — A widow who had her $3 million Paxil suicide verdict vacated by a federal appeals court on grounds of preemption on Dec. 21 asked the U.S. Supreme Court to reverse the circuit court after the high court issues its decision in a similar drug preemption case that was argued Jan. 7 (Wendy B. Dolin, et al. v. GlaxoSmithKline, LLC, et al., No. 18-803, U.S. Sup.).

  • January 9, 2019

    MDL Sought For Suits Over Gilead’s Tenofovir Disopropil Fumarate HIV Drugs

    WASHINGTON, D.C. — Plaintiffs on Dec. 19 asked a federal judicial panel to centralize federal court cases involving HIV drugs containing tenofovir disoproxil fumarate (In Re:  Tenofovir Disoproxil Fumarate Products Liability Litigation, MDL Docket No. 2881, JPMDL).

  • January 8, 2019

    MDL Sought For Suits Over Gilead’s Tenofovir Disopropil Fumarate HIV Drugs

    WASHINGTON, D.C. — Plaintiffs on Dec. 19 asked a federal judicial panel to centralize federal court cases involving HIV drugs containing tenofovir disoproxil fumarate (In Re:  Tenofovir Disoproxil Fumarate Products Liability Litigation, MDL Docket No. 2881, JPMDL).

  • January 8, 2019

    Judicial Panel Says Motion To Expand Bard IVC Filter MDL Or Create New One Is Moot

    WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation (JPMDL) on Jan. 2 declared moot a motion by C.R. Bard Inc. to expand the litigation to include cases concerning the Bard Simon Nitinol IVC filter or, alternatively, to create a new multidistrict litigation for the device (In Re:  Bard IVC Filters Products Liability Litigation, MDL Docket No. 2641, JPMDL).

  • January 8, 2019

    New York State Justice: Oxycodone Maker’s Duty Isn’t To End User

    BROOKLYN, N.Y. — A New York state court justice on Dec. 20 dismissed a negligence claim against Actavis Pharma Inc., finding that the generic drug maker’s duties to monitor prescribing of its oxycodone opioid drug do not extend to a plaintiff who claims that he became addicted to oxycodone (Alvin Floyd v. Lazar Feygin, M.D., No. 507458/17, N.Y. Sup., Kings Co., 2018 NYLJ LEXIS 4206).

  • January 8, 2019

    Supreme Court Justices Question Fracture Language, Over-Warning In Fosamax Case

    WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 7 questioned whether the term “stress fracture” can include atypical fractures of the femur and whether warning about a fracture risk from the osteoporosis drug Fosamax could lead to “over-warning” and doctors refusing to prescribe the drug to post-menopausal women (Merck Sharp & Dohme Corp. v. Doris Albrecht, et al., No. 17-290, U.S. Sup.).

  • January 7, 2019

    Bayer, Merck Sign Master Settlement Agreements For Fluoroquinolone MDL Cases

    MINNEAPOLIS — The Minnesota federal judge overseeing the fluoroquinolone multidistrict litigation on Jan. 2 said in a pretrial order that defendants Bayer Healthcare Pharmaceuticals Inc. and Merck & Co. Inc. have entered into master settlement agreements to resolve personal injury clams (In Re:  Fluoroquinolone Products Liability Litigation, MDL Docket No. 2642, No. 15-2642, D. Minn.).

  • January 7, 2019

    U.S. High Court Won’t Reverse 9th Circuit In HIV Drug Source Whistleblower Case

    WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 7 said it won’t review a Ninth Circuit U.S. Court of Appeals ruling that sent a whistleblower case against HIV drug maker Gilead Sciences Inc. back to a federal district court (Gilead Sciences, Inc. v. United States, ex rel. Jeffrey Campie, et al., No. 17-936, U.S. Sup.).

  • January 7, 2019

    High Court Won’t Take Up Daubert Challenge In Depakote Birth Defect Case

    WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 7 declined to rule on whether Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), requires additional testing of a Depakote birth defect plaintiff to eliminate an alleged alternative cause claimed by defendant Abbott Laboratories (N.K., et al. v. Abbott Laboratories, No. 18-327, U.S. Sup.).