Mealey's Drugs & Devices

  • June 23, 2022

    MDL Sought For Exactech Knee, Hip Implants For Degraded Polyethylene Parts

    WASHINGTON, D.C. — Twelve plaintiffs on June 14 filed a motion asking the Judicial Panel on Multidistrict Litigation (JPMDL) to centralize 27 federal lawsuits alleging injuries from polyethylene components in Exactech Inc. knee and hip prostheses that degrade because packaging fails to prevent oxidation.

  • June 21, 2022

    Special Master Wants To Ask FDA If Ex-Staffer Can Be An Expert In Heartburn MDL

    NEWARK, N.J. — A special master in the proton pump inhibitor (PPI) multidistrict litigation on June 17 recommended that the court authorize her to ask the Food and Drug Administration chief counsel if a former FDA employee would violate a federal conflict-of-interest law by testifying as an expert in a bellwether case.

  • June 21, 2022

    California Panel Affirms Stay Of Coverage Suit Arising From Opioid Epidemic

    SANTA ANA, Calif. —A California appeals panel on June 20 affirmed a lower court’s grant of pharmaceutical and distributor insureds’ motion to stay their insurers’ declaratory judgment lawsuit disputing coverage for claims over the insureds’ distribution of opioids, finding the insurers failed to satisfy their burden to demonstrate the lower court abused its discretion in staying their lawsuit pending resolution of a related West Virginia lawsuit.

  • June 20, 2022

    Motion For Gardasil Vaccine MDL To Be Heard July 28

    WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation (JPMDL) on June 16 scheduled a hearing for July 28 on a plaintiffs’ motion to centralize 32 federal Gardasil HPV vaccine product liability cases in a multidistrict litigation.

  • June 20, 2022

    7th Circuit:  Pelvic Mesh Expert Properly Struck; State Case Is No End-Around

    CHICAGO — The Seventh Circuit U.S. Court of Appeals on June 15 affirmed summary judgment in a pelvic mesh injury case, agreeing that the plaintiff presented no admissible expert evidence that separate implants to treat stress urinary incontinence and pelvic organ prolapse did not perform as expected.

  • June 16, 2022

    California Federal Judge Signs Off On Settlement In HIV Drug Antitrust Row

    SAN FRANCISCO — In a June 3 order, a federal judge in California granted preliminary approval of a settlement between Bristol-Myers Squibb Co. (BMS) and a class of direct purchasers of various combination antiretroviral therapy (cART) drugs used for the treatment of human immunodeficiency virus (HIV).

  • June 15, 2022

    Judge Denies New Trial In Hernia Mesh Case, Awards Defendant $37,827 In Costs

    CHICAGO — An Illinois federal court judge on June 6 denied a plaintiff’s motion for a new trial in his hernia patch case and awarded defendant Atrium Medical Corp. $37,827 in costs.

  • June 14, 2022

    Opioid Defendants’ Mistrial Motion Over Closing Denied By New York Justice

    CENTRAL ISLIP, N.Y. — A New York state court justice on June 1 denied motions by opioid defendant Teva Pharmaceuticals USA Inc. and related defendants for a mistrial following a December public nuisance verdict due to characterizations and misrepresentations by counsel for New York.

  • June 14, 2022

    Mass Tort Cases For Drugs, Medical Devices

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

  • June 14, 2022

    Minnesota Appeals Court: Judicial Estoppel Misapplied In Surgical Staple Case

    ST. PAUL, Minn. — The Minnesota Court of Appeals on June 13 reversed summary judgment in a surgical stapler injury case after finding that a trial court misapplied law regarding judicial estoppel because the plaintiff didn’t declare his potential claim against the medical device maker until after a summary judgment motion was filed.

  • June 14, 2022

    States Can Seek Disgorgement In Drug Antitrust Case, Can Act As Parens Patriae

    PHILADELPHIA — The Pennsylvania federal court judge presiding over the drug pricing antitrust multidistrict litigation on June 7 dismissed the claims of 48 states and the District of Columbia seeking disgorgement of profits but denied dismissal of claims brought under the doctrine of parens patriae.

  • June 14, 2022

    Wisconsin Appeals Court: Law Can’t Force Hospital To Give COVID Patient Ivermectin

    MILWAUKEE — In a 2-1 ruling, a Wisconsin appellate court on May 25 reversed a lower court’s injunction compelling a hospital to administer ivermectin to a COVID-19 patient, saying the plaintiff failed to identify a state law giving a patient or his agent the right to force a private health care provider to administer a treatment the provider has found to be below the standard of care.

  • June 14, 2022

    11th Circuit Affirms Expert Exclusion, Judgment In Broken Orthopedic Plate Case

    ATLANTA — The 11th Circuit U.S. Court of Appeals on May 31 affirmed the exclusion of a plaintiff’s causation expert in a bone plate defect case along with the lower court’s summary judgment decision.

  • June 13, 2022

    U.S. High Court Won’t Review Convictions Of Insys Execs John Kapoor, Sunrise Lee

    WASHINGTON, D.C. — The U.S. Supreme Court on June 13 denied certiorari petitions filed by Insys Corp. chairman John N. Kapoor and former regional sales manager Sunrise Lee to overturn their Controlled Substances Act (CSA) convictions for their roles in illegally marketing the prescription opioid drug Subsys.

  • June 13, 2022

    U.S. High Court Won’t Review Convictions Of Insys Execs John Kapoor, Sunrise Lee

    WASHINGTON, D.C. — The U.S. Supreme Court today denied certiorari petitions filed by Insys Corp. chairman John N. Kapoor and former regional sales manager Sunrise Lee to overturn their Controlled Substances Act (CSA) convictions for their roles in illegally marketing the prescription opioid drug Subsys.

  • June 10, 2022

    Viagra/Cialis Melanoma Litigation Ends As 900 Dismiss Appeals, Settlement Reported

    SAN FRANCISCO — The Viagra/Cialis melanoma litigation appears to have concluded June 7 when the Ninth Circuit U.S. Court of Appeals granted a motion by nearly 900 multidistrict litigation plaintiffs to voluntarily dismiss their appeals of an expert witness/summary judgment order and the appeals court dismissed the remainder of the appellants for failure to prosecute their appeals.

  • June 10, 2022

    FTC To Launch Compulsory Inquiry Into 6 Largest Pharmacy Benefit Managers

    WASHINGTON, D.C. — The Federal Trade Commission says in a June 7 press release that it will launch an inquiry into the six largest pharmacy benefit managers (PBMs) to scrutinize the impact of “vertically integrated” PMBs on the access and affordability of prescription drugs.

  • June 09, 2022

    Connecticut High Court: State Law Allows Non-Reporting Claim In Lens Implant Case

    HARTFORD, Conn. — Ruling on questions certified by a federal appeals court in an intraocular lens injury case, the Connecticut Supreme Court on June 7 said the state’s product liability law allows a claim about failure by defendant Bausch & Lomb Inc. to report adverse events or to comply with postmarketing requirements, but said the same law’s exclusivity provision bars the plaintiff’s second cause of action under the state’s unfair trade practices law for deceptive marketing.

  • June 09, 2022

    Tribe Not Likely To Succeed In Opioid Suit, Judge Says In Blocking Action

    MADISON, Wis. — A Wisconsin federal judge on June 6 enjoined officials of the Red Cliff Band of Lake Superior Chippewa Indians from proceeding with a tribal court case against a consulting firm defendant in a nationwide opioid multidistrict litigation after finding that the officials’ action will probably fail due to lack of jurisdiction.

  • June 08, 2022

    Covidien Hernia Mesh MDL Created, Assigned To Judge Saris In Massachusetts

    WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation (JPMDL) on June 6 centralized 83 federal lawsuits involving Covidien hernia mesh in a multidistrict litigation assigned to U.S. Judge Patti B. Saris of the District of Massachusetts.