PHOENIX — The third bellwether trial in the C.R. Bard Inc. inferior vena cava (IVC) filter multidistrict litigation got under way Sept. 18 (Lisa Hyde, et al. v. C.R. Bard Inc., No. 16-893, D. Ariz.).
WASHINGTON, D.C. — U.S. Supreme Court intervention is needed to repair the damage done to Daubert jurisprudence when the Second Circuit U.S. Court of Appeals upheld exclusion of a mother’s causation experts in her attempt to hold a drugmaker liable for her child’s birth defects, she tells the high court in her Sept. 7 petition for a writ of certiorari (N.K. v. Abbott Laboratories, No. 18-327, U.S. Sup., 2018 U.S. S. Ct. Briefs LEXIS 3358).
BROOKLYN, N.Y. — A New York federal judge on Sept. 17 dismissed without prejudice a whistleblower lawsuit alleging that an oncology center chain caused false claims to be submitted to federal health care programs for drugs made by Amgen Inc. (United States, ex rel. Joseph Piacentile, et al. v. Amgen, Inc., et al., No. 04-3983, E.D. N.Y., 2018 U.S. Dist. LEXIS 158126).
EAST ST. LOUIS, Ill. — The Illinois federal judge presiding over the Yaz/Yasmin multidistrict litigation on Sept. 3 said the remaining plaintiff leadership owes no fiduciary duty to three plaintiffs who failed to provide records necessary to support their injury claims (Jessica Casey, et al. v. Roger Denton, et al., No. 17-521, S.D. Ill., 2018 U.S. Dist. LEXIS 150157).
New developments in the following mass tort drug and device cases are marked in boldface type.
CHICAGO — An Illinois state appellate court on Sept. 13 said a trial court did not err in denying a forum non conveniens motion by Abbott Laboratories Inc. in two Depakote birth defect cases (Cody Benedict, et al. v. Abbott Laboratories Inc., No. 1-18-0377, Ill. App., 1st Dist., 4th Div.).
OAKLAND, Calif. — The California Insurance Commission on Sept. 18 filed an insurance fraud complaint against AbbVie Inc. in state court, alleging that the drug maker used nurse “ambassadors” as sales representatives for the biologic drug Humira (The State of California, ex rel. Lazaro Suarez v. AbbVie Inc., et al., No. RG18893169, Calif. Super., Alameda Co.).
SAN FRANCISCO — A Cymbalta withdrawal plaintiff and Eli Lilly and Co. have settled their case, according to a Sept. 4 motion filed with the Ninth Circuit U.S. Court of Appeals (Erin Hexum v. Eli Lilly and Company, No. 15-56363, 9th Cir.).
BROOKLYN, N.Y. — A New York federal judge on Sept. 17 dismissed without prejudice a false claims lawsuit filed against 18 oncology doctors and oncology practices for their alleged role in submitting false claims to the federal government for drugs made by Amgen Inc. (United States ex rel. Don Hanks, et al. v. U.S. Oncology Specialty, LLP, et al., No. 08-3096, E.D. N.Y., 2018 U.S. Dist. LEXIS 158093).
LEXINGTON, Ky. — A Kentucky federal judge on Sept. 6 appointed plaintiff attorneys to leadership positions in the Onglyza multidistrict litigation (In Re: Onglyza Products Liability Litigation, MDL Docket No. 2809, No. 18-md-2809, E.D. Ky., Lexington Div.).
SAN JOSE, Calif. — A California federal judge on Sept. 14 continued a status hearing in the criminal case against former Theranos Inc. CEO Elizabeth Holmes and her co-defendant to give the federal government time to respond to a defense motion for a court order that the government cease and desist attempting to enforce a 2017 grand jury subpoena for Theranos (United States v. Elizabeth Holmes, et al., No. 18-258, N.D. Calif., San Jose Div.).
PENSACOLA, Fla. — A Florida federal magistrate judge in the Abilify multidistrict litigation on Sept. 17 said a defendant’s email and PowerPoint presentation are protected by the attorney-client privilege (In Re: Abilify [Aripiprazole] Products Liability Litigation, MDL Docket No. 2734, No. 16-md-2734, N.D. Fla., Pensacola Div., 2018 U.S. Dist. LEXIS 157985).
WASHINGTON, D.C. — A District of Columbia federal judge on Sept. 7 granted in part and denied in part summary judgment for a law firm that filed Freedom of Information Act (FOIA), 5 U.S.C. § 552, requests in its attempt to find out who tipped the federal government off to alleged off-label marketing of a heart pump (King & Spalding LLP v. U.S. Department of Health and Human Services, et al., No. 16-1616, D. D.C., 2018 U.S. Dist. LEXIS 152348).
WASHINGTON, D.C. — Merck Sharp & Dohme Corp. on Sept. 13 filed its opening brief asking the U.S. Supreme Court to find that the Food and Drug Administration considered and rejected a warning that the company’s osteoporosis drug Fosamax has a risk of femur fractures (Merck Sharp & Dohme Corp. v. Doris Albrecht, et al., No. 17-290, U.S. Sup.).
KNOXVILLE, Tenn. — A Tennessee federal judge on Sept. 12 said a surgical mesh plaintiff’s breach-of-warranty claim is time-barred, but not the rest of her claims (Martha Karen Jones v. Davol, Inc., et al., No. 18-182, E.D. Tenn., Knoxville Div., 2018 U.S. Dist. LEXIS 155103).
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Sept. 12 affirmed denial of a vaccine injury claim by a couple who say their son suffered neurological injuries as a result of aluminum in vaccines (Heather Rogero, et al. v. Secretary of Health and Human Services, No. 18-1684, Fed. Cir., 2018 U.S. App. LEXIS 25788).
SAN JOSE, Calif. — A medical device maker and certain of its senior executives will pay $42.5 million to settle claims that they misrepresented to investors the safety of the medical device maker’s surgical product and its compliance with U.S. Food and Drug Administration regulations in violation of federal securities laws, class representatives state in a Sept. 11 motion for preliminary approval of settlement filed in California federal court (In re Intuitive Surgical Securities Litigation, No. 13-1920, N.D. Calif.).
ST. LOUIS — A Missouri federal judge on Sept. 11 ruled that a silicone gel breast implant plaintiff is asserting a manufacturing claim that is sufficiently pleaded and not preempted (Robin Sumpter, et al. v. Allergan Inc., et al., No. 17-2289, E.D. Mo., Eastern Div., 2018 U.S. Dist. LEXIS 154467).
CHICAGO — AbbVie Inc., Abbott Laboratories and two related entities have entered into a confidential term sheet regarding a potential global settlement of claims involving AndroGel testosterone replacement therapy, according to a Sept. 10 case management order by the Illinois federal judge overseeing the testosterone multidistrict litigation (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill.).
ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Sept. 10 affirmed discovery rulings and attorney sanctions in an Enbrel death case (Jan Vallejo, et al. v. Amgen, Inc., et al., Nos. 17-1730 and 17-2593, 8th Cir., 2018 U.S. App. LEXIS 25547).