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Mealey's Drugs & Devices

  • September 20, 2018

    3rd Bard IVC Filter MDL Bellwether Trial Under Way In Arizona

    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.).

  • September 20, 2018

    Cert Sought Over Rulings On Experts In Depakote Birth Defect Case

    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).

  • September 19, 2018

    Qui Tam Suit Against Cancer Centers Dismissed Without Prejudice

    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).

  • September 19, 2018

    MDL Lead Counsel Don’t Owe Fiduciary Duty To Individual Plaintiffs

    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).

  • September 19, 2018

    Mass Tort Cases For Drugs, Medical Devices

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

  • September 19, 2018

    Illinois Appeals Court Affirms Forum Non Conveniens Denial In Depakote Cases

    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.).

  • September 19, 2018

    California Sues AbbVie For Insurance Fraud Involving Alleged Humira Kickbacks

    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.).

  • September 19, 2018

    Cymbalta Withdrawal Appeal Dismissed After Settlement

    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.).

  • September 19, 2018

    False Claims Suit Involving Amgen Cancer Drugs Dismissed Without Prejudice

    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).

  • September 19, 2018

    Plaintiff Leadership Named In Onglyza MDL

    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.).

  • September 18, 2018

    Theranos Defendants Seek To Stop Enforcement Of Grand Jury Subpoena On Company

    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.).

  • September 18, 2018

    Abilify MDL Plaintiffs Denied Use Of PowerPoint, Email Produced In Error

    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).

  • September 17, 2018

    Device Maker’s Bid To Unmask Tipster Results In Partial Summary Judgment

    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).

  • September 17, 2018

    Merck To High Court: FDA Rejected Warning About Drug’s Fracture Risk

    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.).

  • September 14, 2018

    Surgical Mesh Warranty Claim Is Time-Barred; Other Claims Not, Judge Says

    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).

  • September 14, 2018

    Federal Circuit Affirms Denial Of Vaccine Injury From Aluminum

    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).

  • September 13, 2018

    Medical Device Maker To Pay $42.5M To Settle Securities Class Action Claims

    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.).

  • September 13, 2018

    Judge: Silicone Implant Manufacturing Claim Is Not Preempted, Is Adequately Pleaded

    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).

  • September 11, 2018

    AbbVie Signs Term Sheet For Potential Global Settlement Of AndroGel Cases

    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.).

  • September 11, 2018

    8th Circuit Affirms Discovery Rulings, Sanction In Enbrel Death Case

    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).