Mealey's Drugs & Devices
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September 03, 2021
Mallinckrodt Ups Opioid Settlement To $1.72B, Says Opioid Litigation All Approved
WILMINGTON, Del. — Drug maker Mallinckrodt PLC on Sept. 3 filed settlement term sheets in its bankruptcy case, increasing the opioid component from $1.6 billion to $1.72 billion.
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September 02, 2021
Purdue Pharma Bankruptcy Plan Conditionally Approved With $4.3B Sackler Share
WHITE PLAINS, N.Y. — A New York federal bankruptcy judge on Sept. 1 approved an amended reorganization plan for OxyContin maker Purdue Pharma LP that includes $4.3 billion in contributions from the controlling Sackler family and limited liability releases for those members, according to a rough transcript of a hearing filed by a creditor opposing the plan.
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September 02, 2021
Arizona High Court: Hospital Can’t Have CVS Pay For Uncompensated Opioid Care
PHOENIX — The Arizona Supreme Court on Sept. 1 said that if a hospital wants to recover the cost of uncompensated care for treating opioid addiction, it has to file a medical lien against the patients it treats and not pharmacy chain CVS Health Corp. for allegedly contributing to the opioid epidemic.
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August 31, 2021
Jury Selection Starts In Fraud Trial Of Theranos Founder Elizabeth Holmes
SAN JOSE, Calif. — Jury selection began Aug. 31 in a California federal court of the fraud trial of Elizabeth Holmes, the founder of laboratory testing startup Theranos Inc.
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August 31, 2021
2nd Circuit Affirms Class Action About Inhaler Doses Is Preempted
NEW YORK — The Second Circuit U.S. Court of Appeals on Aug. 6 affirmed that class claims involving a metered-dose inhaler are preempted by federal law because the relief the plaintiffs seek constitutes a “major change” to the drug label that can be approved only by the Food and Drug Administration.
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August 31, 2021
Hip Maker Appeals Denial To Alter $20M Judgment Due To ‘Inconsistent’ Jury Verdict
ST. LOUIS — Biomet Inc. on Aug. 30 told a Missouri federal court that it will appeal a judge’s Aug. 2 denial of the company’s motion to alter a $20 million metal-on-metal hip judgment because of an allegedly inconsistent jury verdict.
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August 31, 2021
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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August 31, 2021
Bankruptcy Court Asked To Lift Stay To Allow Contempt Motion Against Defense Firm
WILMINGTON, Del. — Five plaintiffs on Aug. 23 asked a federal bankruptcy court to lift its automatic stay of litigation so they can file a contempt motion in a district court against defense firm Arnold & Porter Kaye Scholer LLP for allegedly withholding discovery in an Acthar gel antitrust lawsuit.
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August 31, 2021
Hip Maker Appeals Denial To Alter $20M Judgment Due To ‘Inconsistent’ Jury Verdict
ST. LOUIS — Biomet Inc. on Aug. 30 told a Missouri federal court that it will appeal a judge’s Aug. 2 denial of the company’s motion to alter a $20 million metal-on-metal hip judgment because of an allegedly inconsistent jury verdict.
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August 31, 2021
Split 6th Circuit Reverses Statute Of Limitations Ruling In Pelvic Mesh Case
CINCINNATI — In a 2-1 decision, the Sixth Circuit U.S. Court of Appeals on Aug. 25 reversed a statute of limitations summary judgment in a pelvic mesh case, saying the plaintiff’s limited education and understanding and her doctor’s statements delayed her discovery that the mesh device may be the cause of her continued pain.
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August 31, 2021
Rite Aid Pharmacy Chain Settles Opioid Lawsuit By 2 Ohio Counties
CLEVELAND — Pharmacy chain Rite Aid has settled with two Ohio counties more than a month ahead of an opioid multidistrict litigation bellwether trial, the parties disclosed in an Aug. 26 joint motion to sever Rite Aid from the Track 3 cases.
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August 30, 2021
8th Circuit Affirms Expert Inclusion, Summary Judgment In 1st Bair Hugger MDL Case
ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Aug. 17 affirmed summary judgment and defense expert inclusion in the first Bair Hugger multidistrict litigation bellwether case, saying the dismissed claim and admitted testimony would not have prevented the eventual defense verdict.
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August 26, 2021
7th Circuit Reverses Statute Of Limitations Ruling In Ethicon Pelvic Mesh Case
CHICAGO — The Seventh Circuit U.S. Court of Appeals on Aug. 24 reversed summary judgment in a pelvic mesh case, saying the applicable two-year statute of limitations began to run only when the plaintiff should have realized that her mesh-related complications might have been “wrongfully caused” by another person.
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August 26, 2021
Panel: Dismissal Properly Denied In Antitrust Row Over Drug Patent Listings
NEW YORK — Allegations that the maker of the brand name drug ACTOS mischaracterized the scope of its combination patents to gain an anti-competitive edge will proceed in New York federal court, the Second Circuit U.S. Court of Appeals ruled Aug. 25, affirming a denial of the drug maker’s motion to dismiss.
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August 25, 2021
Jury Finds C.R. Bard Didn’t Negligently Design G2X Inferior Vena Cava Filter
OAKLAND, Calif. — A California federal jury on Aug. 24 returned a verdict in favor of C.R. Bard Inc. in an inferior vena cava (IVC) filter case, finding that the defendant was not negligent in designing the device.
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August 24, 2021
Bankruptcy Trustee Objects To ‘Broad’ Release Of Claims Against Purdue Pharma Kin
WHITE PLAINS, N.Y. — A New York federal bankruptcy trustee on Aug. 23 filed a supplemental objection to the eighth amended joint bankruptcy reorganization plan for opioid maker Purdue Pharma LP, saying the new, last-minute plan gives an “extraordinarily broad” release of claims against the controlling Sackler family and that the payment of $500 million in attorney fees would take place without court oversight and approval or the opportunity to object as required by the U.S. Bankruptcy Code.
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August 20, 2021
Motion For Philips CPAP MDL To Be Heard Sept. 30 By Multidistrict Litigation Panel
WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation (JPMDL) on Aug. 13 scheduled oral argument for Sept. 30 on a motion to centralize 32 federal cases involving continuous positive airway pressure (CPAP) devices made by Philips North America LC and Philips RS North America LLC (collectively Philips).
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August 20, 2021
Plaintiff Leadership Named In McKinsey Opioid Consultant MDL
SAN FRANCISCO — The California federal judge overseeing the McKinsey opioid consultant multidistrict litigation on Aug. 16 appointed plaintiff attorneys to leadership positions in the MDL.
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August 20, 2021
Defense Verdict Returned In Testosterone Replacement Therapy Heart Attack Trial
CHICAGO — An Illinois federal jury on Aug. 17 returned a defense verdict for Actavis Inc. in a testosterone replacement therapy (TRT) heart attack case in which the plaintiff opted out of a master settlement.
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August 19, 2021
1st BHR Hip MDL Bellwether Results In Verdict For Defendant Smith & Nephew
BALTIMORE — A Maryland federal jury on Aug. 13 returned a defense verdict in the first Birmingham Hip Resurfacing (BHR) multidistrict litigation case, finding that although defendant Smith & Nephew Inc. made false or misleading representations, a patient’s orthopedic surgeon did not rely on those representations in deciding to use the metal-on-metal design prosthesis.