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).
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.
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.).
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.).
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.).
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.).
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.).
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.).
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).
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.).
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).
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).
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.).
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.).
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.).
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.).
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).
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.
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).
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.).