Mealey's Drugs & Devices

  • June 14, 2022

    Mass Tort Cases For Drugs, Medical Devices

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

  • June 14, 2022

    Minnesota Appeals Court: Judicial Estoppel Misapplied In Surgical Staple Case

    ST. PAUL, Minn. — The Minnesota Court of Appeals on June 13 reversed summary judgment in a surgical stapler injury case after finding that a trial court misapplied law regarding judicial estoppel because the plaintiff didn’t declare his potential claim against the medical device maker until after a summary judgment motion was filed.

  • June 14, 2022

    States Can Seek Disgorgement In Drug Antitrust Case, Can Act As Parens Patriae

    PHILADELPHIA — The Pennsylvania federal court judge presiding over the drug pricing antitrust multidistrict litigation on June 7 dismissed the claims of 48 states and the District of Columbia seeking disgorgement of profits but denied dismissal of claims brought under the doctrine of parens patriae.

  • June 14, 2022

    Wisconsin Appeals Court: Law Can’t Force Hospital To Give COVID Patient Ivermectin

    MILWAUKEE — In a 2-1 ruling, a Wisconsin appellate court on May 25 reversed a lower court’s injunction compelling a hospital to administer ivermectin to a COVID-19 patient, saying the plaintiff failed to identify a state law giving a patient or his agent the right to force a private health care provider to administer a treatment the provider has found to be below the standard of care.

  • June 14, 2022

    11th Circuit Affirms Expert Exclusion, Judgment In Broken Orthopedic Plate Case

    ATLANTA — The 11th Circuit U.S. Court of Appeals on May 31 affirmed the exclusion of a plaintiff’s causation expert in a bone plate defect case along with the lower court’s summary judgment decision.

  • June 13, 2022

    U.S. High Court Won’t Review Convictions Of Insys Execs John Kapoor, Sunrise Lee

    WASHINGTON, D.C. — The U.S. Supreme Court today denied certiorari petitions filed by Insys Corp. chairman John N. Kapoor and former regional sales manager Sunrise Lee to overturn their Controlled Substances Act (CSA) convictions for their roles in illegally marketing the prescription opioid drug Subsys.

  • June 10, 2022

    Viagra/Cialis Melanoma Litigation Ends As 900 Dismiss Appeals, Settlement Reported

    SAN FRANCISCO — The Viagra/Cialis melanoma litigation appears to have concluded June 7 when the Ninth Circuit U.S. Court of Appeals granted a motion by nearly 900 multidistrict litigation plaintiffs to voluntarily dismiss their appeals of an expert witness/summary judgment order and the appeals court dismissed the remainder of the appellants for failure to prosecute their appeals.

  • June 10, 2022

    FTC To Launch Compulsory Inquiry Into 6 Largest Pharmacy Benefit Managers

    WASHINGTON, D.C. — The Federal Trade Commission says in a June 7 press release that it will launch an inquiry into the six largest pharmacy benefit managers (PBMs) to scrutinize the impact of “vertically integrated” PMBs on the access and affordability of prescription drugs.

  • June 09, 2022

    Connecticut High Court: State Law Allows Non-Reporting Claim In Lens Implant Case

    HARTFORD, Conn. — Ruling on questions certified by a federal appeals court in an intraocular lens injury case, the Connecticut Supreme Court on June 7 said the state’s product liability law allows a claim about failure by defendant Bausch & Lomb Inc. to report adverse events or to comply with postmarketing requirements, but said the same law’s exclusivity provision bars the plaintiff’s second cause of action under the state’s unfair trade practices law for deceptive marketing.

  • June 09, 2022

    Tribe Not Likely To Succeed In Opioid Suit, Judge Says In Blocking Action

    MADISON, Wis. — A Wisconsin federal judge on June 6 enjoined officials of the Red Cliff Band of Lake Superior Chippewa Indians from proceeding with a tribal court case against a consulting firm defendant in a nationwide opioid multidistrict litigation after finding that the officials’ action will probably fail due to lack of jurisdiction.

  • June 08, 2022

    Covidien Hernia Mesh MDL Created, Assigned To Judge Saris In Massachusetts

    WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation (JPMDL) on June 6 centralized 83 federal lawsuits involving Covidien hernia mesh in a multidistrict litigation assigned to U.S. Judge Patti B. Saris of the District of Massachusetts.

  • June 03, 2022

    Washington Supreme Court: No Direct-To-Consumer Exception For Learned Intermediary

    OLYMPIA, Wash. — Answering a question certified by a federal trial court in a pro se Cialis stroke case, the Washington Supreme Court on June 2 ruled that the state’s learned intermediary doctrine does not recognize an exception for direct-to-consumer promotion by defendant Eli Lilly and Co.

  • June 02, 2022

    FDA Withdraws Approval For Ukoniq Cancer Drug Due To Possible Death Risk

    SILVER SPRING, Md. — The Food and Drug Administration on June 1 said it has withdrawn its approval for the cancer drug Ukoniq after updated clinical trial results continued to show a possible increased risk of death.

  • June 01, 2022

    Bard IVC MDL Judge Denies Motion To Reduce 1 Firm’s Common Benefit Fee Assessment

    PHOENIX — The Arizona federal court judge overseeing the Bard inferior vena cava (IVC) filter litigation on May 20 denied a motion by a plaintiff law firm to reduce and exempts it clients’ recoveries from common benefit fee and expense assessments, ruling that the firm signed an MDL participating agreement that gave it access to common benefit discovery in exchange for contributing to common benefit fees and obtained results no better than the MDL bellwether trials.

  • June 01, 2022

    Plaintiff In 2nd Davol/Bard Hernia Patch Bellwether Case Wants New Damages Trial

    COLUMBUS, Ohio — A couple who was awarded $255,000 in the second Davol/C.R. Bard hernia mesh multidistrict litigation bellwether trial filed a motion for a new trial on damages or a new trial on May 13, arguing that the trial court erred by not instructing the jury that the defendants bore the burden of proving their affirmative defense of mitigation of damages/avoidable consequences.

  • May 31, 2022

    FDA: 21,000 Problems Reported With Philips CPAP Devices, Including 124 Deaths

    SILVER SPRING, Md. — The Food and Drug Administration on May 19 said that between April 2021 and April 2022, it received more than 21,000 medical device reports (MDRs) associated with the breakdown of polyester-based polyurethane (PE-PUR) insulating foam in respiratory therapy devices made by Philips Respironics, including 124 deaths.

  • May 31, 2022

    Mass Tort Cases For Drugs, Medical Devices

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

  • May 31, 2022

    11th Circuit Asks Generic Zantac Parties If Court Has Jurisdiction

    ATLANTA — The 11th Circuit U.S. Court of Appeals on May 18 asked all parties in an appeal of a preemption ruling in the Zantac multidistrict litigation to answer questions about whether there are final, appealable orders for all appellants that give the appeals court jurisdiction.

  • May 31, 2022

    Elizabeth Holmes’ Acquittal Motion To Be Heard July 21 In Theranos Fraud Case

    SAN JOSE, Calif. — A California federal court judge on May 27 said he will hear arguments on July 21 on Elizabeth Holmes’ motion for judgment of acquittal for her fraud conviction.

  • May 31, 2022

    California Appeals Court Orders 2nd Retrial In Case Due To Expert Exclusion

    LOS ANGELES — A California appeals court on May 26 vacated a $7.68 million verdict in a Zimmer Inc. Durom hip cup case and remanded it for a second retrial because it said the trial judge erred in not allowing a defense expert because he could not testify to a “less than a reasonable medical probability.”

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