Mealey's Drugs & Devices
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July 20, 2022
MDL Sought For Autism, ADHD From Prenatal Use Of Acetaminophen
WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation (JPMDL) on July 15 granted an extension for several retail chains to respond to a motion to centralize federal lawsuits alleging that prenatal exposure to acetaminophen caused autism spectrum disorder (ASD) or attention-deficit/hyperactivity disorder (ADHD) in children.
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July 20, 2022
Mifepristone Maker To Amend Complaint Against Mississippi After Dobbs Ruling
JACKSON, Miss. — A Mississippi federal judge on July 11 allowed a mifepristone manufacturer to amend its complaint against Mississippi’s restrictions on medication abortions in light of the U.S. Supreme Court’s June 24 ruling eliminating the federal constitutional right to abortion.
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July 20, 2022
Medical Practices, Individuals Pay $29.3M To Gilead For Abusing Assistance Programs
MIAMI — Two for-profit medical practices and three individuals on July 11 agreed to pay $29.3 million to Gilead Sciences Inc. to settle the drug manufacturer’s civil complaint that they used Gilead’s Patient Assistance Program or Medication Assistance Program to get free HIV drugs for their patients.
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July 20, 2022
Mass Tort Cases For Drugs, Medical Devices
New developments in the following mass tort drug and device cases are marked in boldface type.
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July 19, 2022
8th Circuit Affirms Denial Of Fee-Sharing Claims In Heparin Death Case
ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on July 15 affirmed a district court’s denial of a fee-sharing dispute among attorneys involving a wrongful death attributed to contaminated heparin.
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July 19, 2022
1st Circuit Affirms Enhanced Sentence For NECC Supervising Pharmacist Glenn Chin
BOSTON — The First Circuit U.S. Court of Appeals on July 15 affirmed the resentencing of former New England Compounding Pharmacy (NECC) supervising pharmacist Glenn A. Chin to 10.5 years for recklessness and a crime involving vulnerable victims for Chin’s role in the contamination and sale of an injectable steroid that resulted in 753 cases of fungal meningitis and more than 100 deaths.
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July 15, 2022
Claims Court: Whistleblower Not Entitled To Share Of $762M Amgen Settlement
WASHINGTON, D.C. — The U.S. Court of Federal Claims on July 13 denied a plaintiff’s claim that he is entitled to part of a $762 million false claims settlement between Amgen Inc. and the United States because the settlement was allegedly for the same claims he raised in other litigation.
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July 14, 2022
6th Circuit Says Plaintiffs Lacked Standing To File Vaccine Suit For Military
CINCINNATI — The Sixth Circuit U.S. Court of Appeals on July 12 affirmed dismissal of a lawsuit challenging Food and Drug Administration actions involving two COVID-19 vaccines, agreeing that the plaintiffs lacked standing to bring claims on behalf of the military.
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July 14, 2022
7th Circuit: Lupron Depot Case Filed Beyond Illinois 2-Year Statute Of Limitations
CHICAGO — The Seventh Circuit U.S. Court of Appeals on July 8 agreed with a trial court that a plaintiff who claimed to have suffered joint pain, memory loss and fever as a result of injections of Lupron Depot filed her claim too late, citing the plaintiff’s previously withdrawn lawsuit and statements in her medical records that she was aware of the drug’s alleged causation of her injury.
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July 13, 2022
Teva, Allergan Settle Opioid MDL Bellwether Case For $54M Cash, $20M In Narcan
SAN FRANCISCO — Opioid manufacturers Teva Pharmaceuticals USA Inc. and Allergan PLC have agreed to settle a multidistrict bellwether trial with San Francisco for $54 million in cash and 10 years’ worth of the overdose drug naloxone, according to July 12 announcements by San Francisco and Teva.
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July 11, 2022
All 12 Alleged Misstatements In Device Maker’s Securities Lawsuit Deemed Puffery
SAN FRANCISCO — A federal district court did not err in dismissing a shareholder’s federal securities law claims against medical device maker Align Technology Inc. and certain of its senior executives on allegations that the defendants failed to disclose that the company was experiencing a significant drop in financial growth in sales of its most important product in the Chinese market because none of the defendants’ alleged misstatements or omissions was actionable, a Ninth Circuit U.S. Court of Appeals panel ruled July 7 in affirming.
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July 08, 2022
Ex-Theranos President Balwani Convicted Of All 12 Investor, Patient Fraud Counts
SAN JOSE, Calif. — Former Theranos Inc. President and Chief Operating Officer Ramesh “Sunny” Balwani was found guilty July 7 by a California federal jury of all 12 counts of wire fraud and conspiracy to commit wire fraud for his role in the transfer of investor money, the transfer of blood-testing payments and the transfer of fraudulent blood-testing results.
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July 06, 2022
Opioid MDL Bellwether Judge Says Drug Distributors Didn’t Create Public Nuisance
CHARLESTON, W.Va. — A West Virginia federal judge on July 4 issued his findings of fact and conclusions of law in an opioid multidistrict litigation bellwether trial and ruled that three national drug distributors did not create a public nuisance in a West Virginia city and county through their distribution of opioids.
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July 06, 2022
Opana ER Patent Antitrust MDL Trial Ends In Verdict For Opioid Maker Endo
CHICAGO — An Illinois federal jury on July 1 returned a defense verdict for opioid maker Endo Health Solutions Inc. in a patent antitrust multidistrict litigation trial brought by pharmacy chains and classes of direct purchasers and end-payers.
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July 01, 2022
Statute Of Limitations Summary Judgment Denied In Proton Pump MDL Bellwether Case
NEWARK, N.J. — A New Jersey federal magistrate judge on June 27 recommended that the proton pump inhibitor (PPI) multidistrict litigation court deny summary judgment to the defendants on the grounds that a bellwether case plaintiff’s claim is untimely, saying that if anything, it is a question for a jury.
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July 01, 2022
Mass Tort Cases For Drugs, Medical Devices
New developments in the following mass tort drug and device cases are marked in boldface type.
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July 01, 2022
Washington Appeals Court Affirms Lack Of Jurisdiction In Ortho Device Case
SPOKANE, Wash. — A Washington state appeals court on June 30 affirmed dismissal of an orthopedic device product liability lawsuit, agreeing with a trial court that the plaintiff failed to establish personal jurisdiction over the manufacturer defendant just because it was registered to do business in the state.
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July 01, 2022
$28M Daraprim Third-Party Antitrust Class Settlement Gets Final Approval
NEW YORK — A New York federal judge on June 17 entered final judgment and an order of dismissal for a $28 million antitrust settlement for third-party payers who bought overpriced Daraprim from Vyera Pharmaceuticals LLC, Phoenixus AG and company executives Martin Shkreli and Kevin Mulleady.
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July 01, 2022
Remanded For Retrial On Expert Ruling, 1st Taxotere Hair Loss Bellwether Settles
NEW ORLEANS — The first Taxotere hair loss multidistrict litigation bellwether case has settled after a federal appeals court reversed a defense verdict on a corporate/expert witness’s testimony and remanded for retrial, according to a dismissal order filed June 22 in the MDL court.
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June 30, 2022
Planned Parenthood: Dismiss Abortion Drug Case In Light Of Dobbs, Trigger Law
SIOUX FALLS, S.D. — Planned Parenthood and a doctor on June 29 told a South Dakota federal court that they are voluntarily dismissing without prejudice their lawsuit against the state’s restrictions on medication abortions, saying that in light of the U.S. Supreme Court’s abortion ruling in Dobbs v. Jackson Women’s Health Organization, they have “ceased providing abortions in the State of South Dakota.”