Mealey's Drugs & Devices

  • July 19, 2017

    Actos MDL Judge Approves $166M In Common Benefit Fees

    LAFAYETTE, La. — The Louisiana federal judge overseeing the Actos bladder injury multidistrict litigation on July 17 approved plaintiffs’ common benefit fees totaling $166.8 million and costs totaling $14.85 million (In Re:  Actos, No. 11-md-2299, W.D. La., Lafayette Div., 2017 U.S. Dist. LEXIS 110956).

  • July 19, 2017

    Insys Sales Rep Pleads Guilty To Paying Kickbacks For Subsys Prescriptions

    HARTFORD, Conn. — A former sales representative for Insys Therapeutics has pleaded guilty to a kickback scheme to get doctors to prescribe the opioid pain drug Subsys, the U.S. attorney for the District of Connecticut announced July 11.

  • July 19, 2017

    Eliquis MDL Judge OKs Motion Ending Plaintiff Leadership After Cases Dismissed

    NEW YORK — The New York federal judge overseeing the Eliquis multidistrict litigation on July 17 granted a motion to relieve the plaintiffs’ leadership of its duties after the court effectively dismissed most of the MDL cases (In Re:   Eliquis [Apixaban] Products Liability Litigation, MDL Docket No. 2745, S.D. N.Y.).

  • July 19, 2017

    Prosecutors Seek More Than $76.11M In Forfeiture From Convicted NECC Head

    BOSTON — Federal prosecutors on July 18 recommended that a federal court order former New England Compounding Center (NECC) President Barry J. Cadden to pay more than $76.11 million in restitution and forfeiture following his sentencing for racketeering, mail fraud and selling misbranded drugs in connection with a deadly 2012 fungal meningitis outbreak (United States of America v. Barry J. Cadden, No. 14-cr-10363, D. Mass.).

  • July 19, 2017

    State Taxotere Class Denied By MDL Court Due To Individual Issues

    NEW ORLEANS — A Louisiana federal judge on July 17 denied certification of a class of Louisiana women who permanently lost their hair after undergoing chemotherapy with Taxotere or docetaxel, agreeing with defendant Sanofi-Aventis U.S. LLC that individual issues predominate over common ones (In Re:  Taxotere [Docetaxel] Products Liability Litigation, MDL Docket No. 2740, No. 16-md-2740, Sheila Matthews, et al. v. Sanofi S.D., et al., No. 16-17731, E.D. La.).

  • July 18, 2017

    Xarelto Defendants Say 1st Bellwether Plaintiff Failed To Preserve Post-Verdict Points

    NEW ORLEANS — Defendants on July 13 told the Xarelto multidistrict litigation court that it should deny a new trial in the first bellwether case, saying the court’s evidentiary rulings were correct or that the plaintiff failed to preserve his objection (In Re:  Xarelto [Rivaroxaban] Products Liability Litigation, MDL Docket No. 2592, No. 14-md-2592, Joseph J. Boudreaux, Jr., et al. v. Janssen, et al., No. 14-2720, E.D. La.).

  • July 18, 2017

    Health Insurer Anthem Sues Opioid Maker Insys For Kickbacks, Fraudulent Scripts

    PHOENIX — Anthem Inc. and its 14 Blue Cross health insurance companies on July 12 sued drugmaker Insys Therapeutics Inc. for allegedly causing the insurer to pay $19 million for fraudulent prescriptions for the opioid Subsys (Blue Cross of California, Inc., et al. v. Insys Therapeutics, Inc., No. 17-2286, D. Ariz.).

  • July 18, 2017

    AbbVie, Abbott Move For JMOL In 2nd AndroGel MDL Bellwether Trial

    CHICAGO — AbbVie Inc. and Abbott Laboratories on July 17 moved for judgment as a matter of law in the second AndroGel bellwether trial, arguing that the plaintiff so far has not proven that the testosterone replacement drug caused his heart attack and has not shown that AndroGel’ s warnings were inadequate or that the plaintiff or his doctor were misled about the drug (In Re:  Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Jesse Mitchell, et al. v. AbbVie, Inc., et al., No. 14-9178, N.D. Ill.).

  • July 18, 2017

    Law Firms’ Kugel Mesh Dispute Belongs In Texas, State Appeals Court Rules

    DALLAS — A Texas appeals court on July 14 affirmed that a Rhode Island plaintiff’s law firm consented to the jurisdiction of Texas courts when it signed on as counsel in Kugel hernia mesh cases filed by a Texas law firm (John E. Deaton, et al. v. Barry Johnson, et al., No. 15-16-01221, Texas App., 5th Dist., 2017 Tex. App. LEXIS 6540).

  • July 18, 2017

    Defendants Seek 30 More Days Before Posting Bonds For $454M MicroCool Gown Verdict

    LOS ANGELES — The defendants in a $454 million surgical gown state class action on July 14 asked a California federal court to extend its stay of execution of judgment for another 30 days, anticipating that when the judge rules on their post-verdict motions, they will not have to obtain expensive supersedeas bonds (Bahamas Surgery Center, LLC, et al. v. Kimberly-Clark Corporation, et al., No. 14-8390, C.D. Calif., Western Div.).

  • July 17, 2017

    Failure-To-Update Claim In Acne Drug Case Was Flawed, 10th Circuit Rules

    DENVER — The 10th Circuit U.S. Court of Appeals on July 13 affirmed a trial court’s dismissal of a pro se plaintiff’s Amnesteem (isotretinoin) injury lawsuit, saying she failed to adequately plead her claim that the drug’s warning label was out of date (Carmen Naomi Watson v. Mylan Pharmaceuticals, Inc., Nos. 16-3349 and 17-3019, 10th Cir., 2017 U.S. App. LEXIS 12529).

  • July 17, 2017

    Judge Allows Most Of Plaintiff’s Expert Testimony In Transvaginal Mesh MDL

    CHARLESTON, W. Va. — A woman’s medical expert in a transvaginal surgical mesh multidistrict litigation can offer testimony for the plaintiff because his opinions are “sufficiently relevant” and he conducted a proper differential diagnosis, a federal judge in West Virginia held July 14 in mostly denying the device maker’s bid to exclude the expert’s opinions (In re:  Ethicon, Inc. Pelvic Repair Systems Product Liability Litigation, MDL No. 2327 [Rhonda Cooper v. Ethicon, Inc., et al., No. 2:12-cv-02532], S.D. W. Va., 2017 U.S. Dist. LEXIS 109546).

  • July 17, 2017

    Lipitor Defendants Tell 4th Circuit Plaintiff Experts Properly Excluded In MDL

    RICHMOND, Va. — Defendants on July 13 told the Fourth Circuit U.S. Court of Appeals that a multidistrict litigation judge did not err when he excluded three plaintiff causation experts and granted summary judgment on claims that the cholesterol drug Lipitor causes type 2 diabetes (In Re:  Lipitor [Atorvastatin Calcium] Marketing, Sales Practices and Products Liability Litigation, Nos. 17-1140, 17-1136, 17-1137, 17-1189, 4th Cir.).

  • July 14, 2017

    Cephalon False Claims Act Lawsuit Marked Settled By Federal Judge

    PHILADELPHIA — A Pennsylvania federal judge on July 12 again issued an order stating that a False Claims Act lawsuit against the former Cephalon Inc. has been settled (United States of America, ex rel. Matthew Cestra, et al. v. Cephalon, Inc., No. 14-1842, E.D. Pa.).

  • July 14, 2017

    Investor: Drug Maker Concealed Dry Eye Drug Manufacturing Issues

    NEWARK, N.J. — A shareholder sued a pharmaceutical company and certain of its executive officers on July 12 in New Jersey federal court, alleging that the defendants concealed manufacturing issues with the drug company’s inflammatory dry eye disease medication in violation of federal securities laws (Dylan Caraker v. Ocular Therapeutix Inc., et al., No. 17-5095, D. N.J.).

  • July 13, 2017

    Boston Scientific Settles 3 Pelvic Mesh Cases While Appealing Verdicts

    In the space of two days July 11 and 12, two federal circuit courts dismissed three single plaintiffs after defendant Boston Scientific Corp. told the court it had reached settlements with the plaintiffs while it appeals multimillion dollar pelvic mesh verdicts (Carol Sue Campbell, et al. v. Boston Scientific Corporation, No. 16-2279, 4th Cir., and Amal Eghnayem, et al. v. Boston Scientific Corporation, No. 16-11818, 11th Cir.).

  • July 12, 2017

    8th Circuit Upholds Exclusion Of Expert’s Opinion On Defective Hip Implant Stem

    ST. LOUIS — An Eighth Circuit U.S. Court of Appeals panel on July 5 affirmed a federal judge in Missouri’s ruling excluding the testimony of a metallurgist who opined that a manufacturing defect in the stem of a hip implant caused it to fracture, holding that the expert did not consider other factors before reaching his conclusion (Judith A. Redd v. DuPuy Orthopedics Inc., No. 16-3428, 8th Cir., 2017 U.S. App. LEXIS 11930).

  • July 12, 2017

    Mallinckrodt Pays $35M To Settle Federal Investigations Of Controlled Substances

    WASHINGTON, D.C. — Opioid drug maker Mallinckrodt LLC has agreed to pay $35 million to settle three federal investigations into the company’s alleged violations of the Controlled Substances Act, the U.S. Justice Department announced July 11 in a press release.

  • July 11, 2017

    9th Circuit Reverses Dismissal Of False Claims Act Case Against Drug Maker Gilead

    SAN FRANCISCO — Relying on the U.S. Supreme Court’s ruling in Universal Health Services, Inc. v. United States, ex rel Escobar, __ U.S. __, , 136 S. Ct. 1989 (2016), the Ninth Circuit U.S. Court of Appeals on July 7 reversed dismissal of a False Claims Act/retaliation claim alleging that drug maker Gilead Sciences Inc. used unapproved and contaminated ingredients in its HIV drugs (United States of America, ex rel. Jeffrey Campie, et al. v. Gilead Sciences, Inc., No. 15-16380, 9th Cir., 2017 U.S. App. LEXIS 12163).

  • July 11, 2017

    NECC Head Appeals Criminal Conviction To 1st Circuit

    BOSTON — The former head of New England Compounding Center (NECC) on July 7 appealed his conviction on mail fraud and racketeering charges to the First Circuit U.S. Court of Appeals (United States of America v. Barry J. Cadden, et al., No. 14-10363, D. Mass.).