DURANT, Okla. — Oklahoma on May 1 filed separate complaints in state court against three major drug distributors for negligence, creating a public nuisance and unjust enrichment stemming from their alleged roles in fueling the state’s opioid abuse crisis (Oklahoma v. AmerisourceBergen Corp., et al., No. CJ-2020-85, Oklahoma v. Cardinal Health, Inc., et al., No. CJ-2020-86, Oklahoma v. McKesson Corporation, No. CA-2020-84, Okla. Dist., Bryan Co.).
SAN FRANCISCO — Three plaintiffs who appealed the dismissal of their gadolinium injury lawsuits for lack of general causation experts on April 29 voluntarily dismissed their appeals with prejudice (Srihari Munnuru v. Guerbet LLC, et al., No. 19-17277, Hilary Davis v. McKesson Corporation, et al., No. 19-17278, Susan Fischer v. Bayer Healthcare Pharmaceuticals, Inc., et al., No. 18-1778, 9th Cir.).
CHARLESTON, W.Va. — Johnson & Johnson and related entities on April 8 agreed to pay West Virginia $3.9 million to settle the state attorney general’s allegations that Johnson & Johnson engaged in deceptive and unlawful marketing of hip implants and pelvic mesh devices (West Virginia, ex rel. Patrick Morrisey v. Johnson & Johnson, et al., No. 19-C-286, W.Va. Cir., Monongalia Co.).
PHILADELPHIA — A plaintiff on April 27 asked the Third Circuit U.S. Court of Appeals to determine whether the multidistrict litigation court overseeing Sorin 3T Heater-Cooler surgical infection claims can substitute its injury criteria for that of applicable law from his home state of Louisiana (Kyle Hamer v. LivaNova Deutschland GmbH, No. 20-1656, 3rd Cir.).
SAN JOSE, Calif. — A California federal judge on April 15 rescheduled the fraud trial of Theranos Inc. founder Elizabeth Holmes to Oct. 27 (United States v. Elizabeth Holmes, et al., No. 18-cr-258, N.D. Calif.).
WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on May 1 said the Food and Drug Administration’s denial of an application for an abuse-deterrent formulation (ADF) for opioids was “reasonable and consistent with law” and that the agency’s denial of a hearing on the denial was not an abuse of discretion (Pharmaceutical Manufacturing Research Services, Inc. v. Food & Drug Administration, et al., No. 18-1335, D.C. Cir., 2020 U.S. App. LEXIS 14043).
CLEVELAND — Fifteen days after an appeals court gutted half of the claims against pharmacy chains in an upcoming opioid multidistrict litigation bellwether trial, the presiding judge in the U.S. District Court for the Northern District of Ohio on April 30 selected two cases for a new Track Three trial that will include all plaintiff claims (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-md-2804, N.D. Ohio, Eastern Div.).
BROOKLYN, N.Y. — A federal judge in New York should deny convicted fraudster Martin Shrkeli’s request for “compassionate release” to allow him to serve the remainder of his 84-month prison sentence for bilking investors of millions of dollars in investments in home confinement so he can conduct research on a treatment for COVID-19, the disease caused by the novel coronavirus, federal prosecutors argue in an April 28 opposition brief (United States v. Martin Shkreli, No. 15-cr-637, E.D. N.Y.).
CLEVELAND — Drawing on rulings from other cases in the opioid multidistrict litigation, the Ohio federal judge overseeing the MDL on April 27 denied dismissal of all but two claims brought by Florida’s Broward County against opioid manufacturers, distributors and pharmacy chains (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-md-2804 [Broward County, Florida v. Purdue Pharma L.P., et al., No. 18-op-45332], N.D. Ohio).
BOSTON — The founder of opioid maker Insys Therapeutics Inc. on April 27 got an extra two months of freedom before having to report to prison to serve his 66-month sentence for his fraud conviction in an opioid kickback trial (United States v. John Kapoor, No. 16-cr-10343, D. Mass.).
KANSAS CITY, Kan. — The Kansas federal judge overseeing the EpiPen multidistrict litigation on April 27 denied a motion to take in a racketeering class action alleging that defendant Mylan N.V. manipulated expiration dates to force patients to refill their prescriptions more often than they needed to (In Re: EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-md-2785 [Troy Gott v. Mylan N.V., et al., No. 20-2099], D. Kan., 2020 U.S. Dist. LEXIS 73242).
SAN JOSE, Calif. — A federal judge in California on April 24 allowed two experts to opine that a surgical device was faulty and that the defect caused a hysterectomy patient’s injuries, though the judge limited one expert’s testimony when opining on what part of the device is defective (Candy Trump v. Intuitive Surgical Inc., No. 5:18-cv-06413, N.D. Calif., 2020 U.S. Dist. LEXIS 73781).
BOSTON — A Virginia orthopedic surgeon on April 24 agreed to pay $1.75 million to resolve federal allegations that he accepted kickbacks in the form of sham consulting fees originating from a medical device manufacturer in exchange for using the company’s devices, according to an April 24 settlement agreement.
BOSTON — The United States in an April 24 opposition brief tells a Massachusetts federal court that it opposes continuing the May 19 prison surrender date for former Insys Therapeutics Inc. owner John Kapoor because he remains a flight risk (United States v. John Kapoor, No. 16-cr-10343, D. Mass.).
PHILADELPHIA — The Third Circuit U.S. Court of Appeals on April 23 remanded class certification in an antitrust dispute upon finding that a New Jersey federal judge’s order failed to resolve “key factual disputes, assess competing evidence, and weigh conflicting expert testimony” (In re: Lamictal Direct Purchaser Antitrust Litigation, No. 19-1655, 3rd Cir., 2020 U.S. App. LEXIS 12899).
SILVER SPRING, Md. — The Food and Drug Administration on April 24 cautioned that hydroxychloroquine or chloroquine should not be used outside of a hospital setting or clinical trial due to the risk of serious heart rhythm problems.
OAKLAND, Calif. — A federal judge in California on April 22 granted final approval to a $175 million shareholder derivative settlement with opioid drug distributor McKesson Corp. stemming from allegations that several of the company’s current and former senior officers and directors failed to conduct the necessary oversight of opioid drug sales, even after the company twice had been hit with fines for previous compliance failures, finding the proposed deal to be fair, reasonable and adequate (In re McKesson Corp. Derivative Litigation, No. 17-1850, N.D. Calif.).
CLEVELAND — In response to a motion by the U.S. Drug Enforcement Agency for a clarification of discovery on remand of two West Virginia cases, the Ohio federal judge overseeing the opioid multidistrict litigation on April 17 said he believed that only “limited, jurisdiction-specific discovery” should be necessary (In Re: National Prescription Opiate Litigation, MDL Docket No. 17-md-2804, N.D. Ohio, Eastern Div.).
PHILADELPHIA — A Pennsylvania federal judge on April 15 dismissed 34 Essure birth control device cases and granted partial summary judgment in others to defendant Bayer Essure Inc. (Helen McLaughlin v. Bayer Essure, Inc., et al., No. 14-7315, E.D. Pa., 2020 U.S. Dist. LEXIS 57872).
New developments in the following mass tort drug and device cases are marked in boldface type.