Mealey's Drugs & Devices

  • November 17, 2017

    Jury Finds For Defense In 1st Testim Bellwether Trial In Testosterone MDL

    CHICAGO — Jurors in the first testosterone replacement therapy multidistrict bellwether trial involving Testim on Nov. 16 found in favor of defendant Auxilium Pharmaceuticals LLC (In Re:  Testosterone Replacement Therapy Litigation, MDL Docket No. 2545, Steve Holtsclaw v. Auxilium Pharmaceuticals LLC, et al., No. 15-3941, N.D. Ill.).

  • November 16, 2017

    6 Plaintiffs Awarded $247M In 4th DePuy Pinnacle Hip MDL Bellwether Trial

    DALLAS — A Texas federal jury on Nov. 16 awarded six plaintiffs $247.49 million in the fourth multidistrict litigation bellwether trial involving the DePuy Orthopaedics Inc. Pinnacle hip (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 11-md-02244, Ramon Alicea, et al. v. DePuy Orthopaedics., Inc., et al., No. 15-03489, Uriel Barzel v. DePuy Orthopaedics, Inc., et al., No. 16-1245, Karen Kirschner v. DePuy Orthopaedics, Inc., et al., No. 16-1526, Hazel Miura v. DePuy Orthopaedics, Inc., et al., No. 13-4119, Michael A. Stevens v. DePuy Orthopaedics, Inc., et al., No. 14-1776, Eugene Stevens Jr. v. DePuy Orthopaedics, et al., No. 14-2341, N.D. Texas).

  • November 16, 2017

    Public Citizen Petitions FDA To Remove Benicar Blood Pressure Drug From Market

    WASHINGTON, D.C. — Advocacy group Public Citizen on Nov. 15 petitioned the Food and Drug Administration to immediately require the removal of Benicar from the market because it says the blood pressure drug “has unique serious risks but no unique benefit.”

  • November 15, 2017

    4 Opioid Makers Ask U.S. High Court To Bar States From Hiring Outside Counsel

    WASHINGTON, D.C. — Five opioid drug makers on Oct. 27 asked the U.S. Supreme Court to overturn a New Hampshire Supreme Court ruling that allows the state attorney general to hire outside attorneys to represent the state in a civil lawsuit involving the opioid crisis (Endo Pharmaceuticals, Inc., v. New Hampshire, No. 17-633, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 4205).

  • November 15, 2017

    Mississippi Supreme Court Vacates $1.95M Risperdal Verdict, Remands For Retrial

    JACKSON, Miss. — A divided Mississippi Supreme Court on Oct. 19 reversed a $1.95 million verdict in a Risperdal tardive dyskinesia case, finding that there was no failure to warn but remanding for a new trial on the question of negligent misrepresentation (Johnson & Johnson, et al. v. Brenda Fortenberry, et al., No. 2015-CA-01369-SCT, Miss. Sup., 2017 Miss. LEXIS 421).

  • November 15, 2017

    MDL Judge Will Allow Limited Discovery Into C-Qur Patch Swedish Parent Company

    CONCORD, N.H. — The New Hampshire federal judge overseeing the C-Qur mesh multidistrict litigation on Nov. 14 denied without prejudice a motion by the defendants’ Swedish parent company to be dismissed for lack of personal jurisdiction and instead allowed plaintiffs to conduct limited discovery on personal jurisdiction (In Re:  Atrium Medical Corp. C-Qur Mesh Products Liability Litigation, MDL Docket No. 2753, No. 16-md-2753, D. N.J.).

  • November 15, 2017

    Mass Tort Cases For Drugs, Medical Devices

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

  • November 15, 2017

    Arizona Appeals Court Partially Vacates Drug Pump Preemption

    PHOENIX — An Arizona state appeals court on Oct. 19 partially vacated a preemption ruling involving a Medtronic drug pump case (Raymond R. Conklin, et al. v. Medtronic, Inc., et al., No. 1 CA-CV 16-0252, Ariz. App., Div. 1, 2017 Ariz. App. LEXIS 185).

  • November 15, 2017

    Defense Verdict Returned In Pelvic Mesh Trial Remanded From MDL

    HOUSTON — A Texas federal jury on Nov. 9 returned a defense verdict in an Ethicon pelvic mesh case that was remanded from a multidistrict litigation (Cheryl Lankston v. Ethicon, Inc., et al., No. 17-323, S.D. Texas, Houston Div.).

  • November 14, 2017

    1st Testim MDL Testosterone Trial Under Way In Illinois Federal Court

    CHICAGO — The first testosterone replacement therapy multidistrict bellwether trial involving Testim got under way on Nov. 6 in the U.S. District Court for the Northern District of Illinois (In Re:  Testosterone Replacement Therapy Litigation, MDL Docket No. 2545, Steve Holtsclaw v. Auxilium Pharmaceuticals LLC, et al., No. 15-3941, N.D. Ill.).

  • November 14, 2017

    Arkansas Supreme Court: Execution Drug Maker Must Be Identified

    LITTLE ROCK, Ark. — A split Arkansas Supreme Court on Nov. 2 agreed with a lower court that state law does not prohibit the identification of manufacturers of an execution drug but said it does require protection of the identities of sellers and suppliers (Arkansas Department of Correction, et al. v. Steven Shults, No. CV-17-788, Ark. Sup., 2017 Ark. LEXIS 266).

  • November 14, 2017

    Pennsylvania Appeals Court: 2 Risperdal Gynecomastia Cases Time-Barred

    PHILADELPHIA — A Pennsylvania appeals panel on Nov. 13 affirmed defense summary judgment in two Risperdal gynecomastia cases, ruling that the plaintiffs reasonably should have known that their alleged injuries were caused by the drug before they filed suit a minimum of six years too late (Jonathan Saksek v. Janssen Pharmaceuticals, Inc., et al., No. 576 EDA 2015, Joshua Winter v. Janssen Pharmaceuticals, Inc., et al., No. 590 EDA 2015, Pa. Super., 2017 Pa. Super. Unpub. LEXIS 4163).

  • November 14, 2017

    Jury Deliberating In 4th DePuy Pinnacle Hip MDL Trial With 6 Plaintiffs

    DALLAS — A Texas federal jury on Nov. 13 began deliberating in a multiplaintiff DePuy Pinnacle hip trial after nine weeks of testimony (In Re:  DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 11-md-02244, Ramon Alicea, et al. v. DePuy Orthopaedics., Inc., et al., No. 15-03489, Uriel Barzel v. DePuy Orthopaedics, Inc., et al., No. 16-1245, Karen Kirschner v. DePuy Orthopaedics, Inc., et al., No. 16-1526, Hazel Miura v. DePuy Orthopaedics, Inc., et al., No. 13-4119, Michael A. Stevens v. DePuy Orthopaedics, Inc., et al., No. 14-1776, Eugene Stevens Jr. v. DePuy Orthopaedics, et al., No. 14-2341, N.D. Texas).

  • November 14, 2017

    Risperdal Gynecomastia Defense Verdict Reversed On Appeal For ‘Expert’ Testimony

    PHILADELPHIA — A Pennsylvania state appeals court panel on Nov. 13 reversed a Risperdal gynecomastia defense verdict, finding that the trial court erred in not treating physician assistant’s testimony as that of a causation expert (W.C. v. Janssen Pharmaceuticals, Inc., et al., No. 2451 EDA 2015, Pa. Super., 2017 Pa. Super. LEXIS 909).

  • November 13, 2017

    West Virginia High Court Affirms Summary Judgment In Zoloft Birth Defect Case

    CHARLESTON, W. Va. — The West Virginia Supreme Court of Appeals on Nov. 1 affirmed summary judgment in a Zoloft birth defect case because Michigan’s drug shield law preempts the failure-to-warn claim and because the law’s only exception for fraud is preempted by federal law (M.M., et al. v. Pfizer, Inc., et al., No. 16-0927, W. Va. Sup., 2017 W. Va. LEXIS 859).

  • November 13, 2017

    1st Pennsylvania Xarelto Trial Under Way In Philadelphia

    PHILADELPHIA — The first Xarelto bleeding injury trial in Pennsylvania state court got under way Nov. 6 in the Philadelphia County Common Pleas Court (In Re:  Xarelto Products Liability Litigation, Lynn Hartman, et al. v. Janssen Pharmaceuticals, Inc., No. 160503416, Pa. Comm. Pls., Philadelphia Co.).

  • November 13, 2017

    Federal Circuit Affirms Denial Of FluMist Death Claim

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Nov. 1 affirmed a special master’s ruling that a claimant had not proven that FluMist caused her daughter’s death from Leigh disease (H.L., et al. v. Secretary of Health and Human Services, No. 17-1218, Fed. Cir., 2017 U.S. App. LEXIS 21708).

  • November 10, 2017

    1st Cook IVC MDL Bellwether Trial Ends In Defense Verdict

    INDIANAPOLIS — The first bellwether trial in the Cook Medical Inc. inferior vena cava (IVC) filter multidistrict litigation ended Nov. 9 with a verdict for the defendant (Elizabeth Jane Hill v. Cook Medical, LLC, et al., No. 14-6016, S.D. Indiana, Indianapolis Div.).

  • November 10, 2017

    3 Defendants Oppose MDL For Onglyza Diabetes Drug Federal Lawsuits

    WASHINGTON, D.C. — The three defendants in a proposed Onglyza/Kombiglyze multidistrict litigation on Nov. 2 told a federal judicial panel that it should deny centralization because there are fewer than 40 cases after two years of litigation and one plaintiff law firm represents most plaintiffs (In Re:  Onglyza and Kombiglyze XR Products Liability Litigation, MDL Docket No. 2809, JPMDL).

  • November 10, 2017

    4 West Virginia Cities File Opioid Class Action Against Accreditation Organization

    CHARLESTON, W.Va. — Four West Virginia cities on Nov. 2 filed a national class action against a hospital-credentialing organization, saying it teamed with OxyContin maker Purdue Pharma LP to create pain management standards for hospitals that “grossly misrepresented the addictive qualities of opioids and fostered dangerous pain control practices” (City of Charleston, et al. v. The Joint Commission, et al., No. 17-4267, S.D. W.Va.).