Mealey's Drugs & Devices

  • January 08, 2020

    6th Circuit Denies Rehearing In Opioid Babies Claim

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Nov. 18 denied a petition for an en banc rehearing of an appeal by two women who sought to enjoin opioid manufacturers from dispensing their drugs to women without first being shown a negative pregnancy test (Amanda Hanlon, et al. v. Purdue Pharma L.P., et al., No. 19-3398, 6th Cir.).

  • January 07, 2020

    Opioid Company Founder Says Government Probes Made His Only Asset Nearly Worthless

    BOSTON — The former CEO of opioid drug maker Insys Therapeutics Inc. on Dec. 31 told a Massachusetts federal judge that his largest “tainted” asset that is available for forfeiture to the U.S. government is his stock in his former company and that that stock now has the value of a penny stock after the government’s indictment of him and other executives and a multimillion-dollar civil settlement forced the company into bankruptcy (United States v. John N. Kapoor, et al., No. 16-cr-10343, D. Mass.).

  • January 07, 2020

    Plaintiffs:  Teva Pays $54M To Settle False Claims Suit Involving ‘Speaker’ Program

    NEW YORK — Plaintiffs’ counsel on Jan. 6 said in a press release that Teva Pharmaceuticals Inc. agreed to pay $54 million to settle a whistle-blower lawsuit alleging that the drug maker paid bogus speaker fees to doctors to induce them to prescribe drugs for Parkinson’s disease and multiple sclerosis (United States ex rel. Charles Arnstein, et al. v. Teva Pharmaceuticals USA, Inc., et al., No. 13-3703, S.D. N.Y.).

  • December 18, 2019

    3rd Circuit Reverses Summary Judgment Against Union Claims In Avandia Litigation

    PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Dec. 17 reversed summary judgment against the state consumer law and RICO claims of two union health benefit plans that sued Avandia maker GlaxoSmithKline LLC (GSK) (In Re:  Avandia Marketing, Sales and Products Liability Litigation, No. 18-1010, 3rd Cir.).

  • December 18, 2019

    Mass Tort Cases For Drugs, Medical Devices

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

  • December 18, 2019

    Florida Appeals Court Denies Appeal In Pelvic Mesh Medicare Discovery Dispute

    MIAMI — A Florida appeals court on Dec. 11 denied a motion by a pelvic mesh manufacturer to appeal a lower court’s denial of its motion to dismiss a discovery action filed by a Medicare recovery company (American Medical Systems, LLC v. MSP Recovery Claims, Series LLC, Fla. App., 3rd Dist., 2019 Fla. App. LEXIS 18412).

  • December 18, 2019

    Zofran MDL Judge Asks FDA To Expedite Citizen Petition Decision Without Favor

    BOSTON — The Massachusetts federal judge overseeing the Zofran birth defect multidistrict litigation on Dec. 13 asked the Food and Drug Administration to resolve a citizen petition “as expeditiously as possible” without regard to the impact of the decision on litigation (In Re:  Zofran [Ondansetron] Products Liability Litigation, MDL Docket No. 15-md-2657, D. Mass.).

  • December 18, 2019

    New York Pain Specialist Found Guilty Of Taking Bribes To Prescribe Opioid Subsys

    NEW YORK — A New York federal jury on Dec. 5 convicted a Manhattan physician of participating in a scheme to receive bribes and kickbacks in the form of sham speaker fees in exchange for prescribing millions of dollars’ worth of the opioid Subsys (United States v. Gordon Freedman, No. 18-cr-217, S.D. N.Y.).

  • December 18, 2019

    PhRMA Asks Court To Find That Oregon’s Drug-Pricing Laws Are Unconstitutional

    EUGENE, Ore. — The Pharmaceutical Research and Manufacturers of America (PhRMA) on Dec. 9 filed a complaint asking the U.S. District Court for the District of Oregon to declare that state’s drug price disclosure laws are unconstitutional (Pharmaceutical Research and Manufacturers of America v. Lou Savage, et al., No. 19-1996, D. Ore.).

  • December 18, 2019

    Oklahoma Objects To Stay Of $465M Opioid Judgment Against Johnson & Johnson

    NORMAN, Okla. — The state of Oklahoma on Dec. 9 objected to a motion by defendants Johnson & Johnson and Janssen Pharmaceuticals to stay enforcement of a judge’s $465 million opioid abatement judgment and approval of a $25 million supersedeas bond pending appeal (Oklahoma, et al. v. Purdue Pharma L.P., et al., No. CJ-2017-816, Okla. Dist., Cleveland Co.).

  • December 17, 2019

    United States Asks Judge To Order 5 Opioid Defendants To Pay $306M In Restitution

    BOSTON — The United States on Dec. 13 asked a Massachusetts federal judge to order five former top employees of former opioid drug maker Insys Therapeutics Inc. to pay more than $306 million to individuals, Medicare and private health insurance program for running fraud scheme for prescriptions of the opioid Subsys (United States v. John N. Kapoor, et al., No. 16-cr-10343, D. Mass.).

  • December 17, 2019

    United States: Pharmacy Fraudulently Refilled Long-Term Care Prescriptions

    NEW YORK — The U.S. Justice Department on Dec. 17 intervened in a whistleblower lawsuit alleging that long-term care pharmacy Omnicare Inc. fraudulently refilled prescriptions without physician authorization, sometimes for years (United States, et al, ex rel. Uri Bassan v. Omnicare, Inc., No. 15-4179, S.D. N.Y.).

  • December 16, 2019

    Delaware Supreme Court Won’t Hear State’s Opioid Interlocutory Appeal

    NEW CASTLE, Del. — The Delaware Supreme Court on Dec. 11 denied interlocutory review of the dismissal without prejudice of the state’s opioid lawsuit against pharmacy retail chain Walgreen Co. (Delaware, ex rel. Kathleen Jennings, et al. v. Walgreen Co., et al., No. 500, 2019, Del. Sup., 2019 Del. Lexis 551).

  • December 13, 2019

    Investors: Dismissal Of Securities Claims, Failure To Add Plaintiff Erroneous

    BOSTON — A federal district court erred in dismissing a lead plaintiff’s class action complaint for lack of standing to pursue federal securities law claims against a medical device maker and others stemming from the device maker’s alleged failure to disclose U.S. Food and Drug Administration concerns over a spinal-cord injury device the company had sought to market, shareholders argue in a recent appellant brief filed in the First Circuit U.S. Court of Appeals  (Wang Yan, et al. v. ReWalk Robotics Ltd., et al., No. 19-1614, 1st Cir.).

  • December 10, 2019

    5th Circuit Affirms Summary Judgment In Medtronic Hernia Mesh Case

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Dec. 9 affirmed summary judgment in a Medtronic Inc. hernia mesh case for lack of causation evidence (Val D. Emery, et al. v. Medtronic, Incorporated, et al., No. 19-20389, 5th Cir.).

  • December 09, 2019

    U.S. High Court Won’t OK Arizona’s Suit Seeking Purdue Pharma, Sackler Assets

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 9 denied Arizona’s motion to allow the state to file a complaint of original jurisdiction in the high court to discover assets allegedly hidden by opioid maker Purdue Pharma L.P.’s Sackler family (Arizona v. Richard Sackler, et al., No. 22 Original 151, U.S. Sup.).

  • December 04, 2019

    Drug Co-Pay Charity Pays $4M To Settle False Claims Allegations

    BOSTON — The U.S. Attorney’s Office for the District of Massachusetts announced Nov. 20 that charitable foundation The Assistance Fund (TAF) has agreed to pay $4 million to resolve allegations that it violated the False Claims Act, 31 U.S. Code § 3729, by enabling drug manufacturers Teva Pharmaceuticals USA Inc., Biogen Inc. and Novartis Pharmaceuticals Corp. to pay kickbacks to Medicare patients who took the companies’ drugs.

  • December 04, 2019

    Interlocutory Appeal Of Opioid MDL Negotiating Class OK’d By 6th Circuit

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Nov. 8 granted a defendants’ petition for interlocutory appeal of certification of a negotiation class in the opioid multidistrict litigation (In Re:  McKesson Corporation, et al., No. 19-305, 6th Cir., 2019 U.S. App. LEXIS 33631).

  • December 04, 2019

    Mass Tort Cases For Drugs, Medical Devices

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

  • December 04, 2019

    Judge Vacates Drug, Certain Fraud Convictions Of 5 Top Insys Opioid Employees

    BOSTON — A Massachusetts federal judge on Nov. 26 vacated the Controlled Substances Act (CSA) and honest services fraud convictions of five top employees of opioid maker Insys Therapeutics Inc. but let stand their mail and wire fraud convictions (United States v. Michael J. Gurry, et al., No. 16-cr-10343, D. Mass., 2019 U.S. Dist. LEXIS 205850).

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