Mealey's Drugs & Devices

  • November 06, 2019

    Oklahoma Officials: Johnson & Johnson Should Pay For 20-Year Opioid Abatement

    NORMAN, Okla. — Oklahoma’s top elected state public officials on Oct. 28 submitted an amicus curiae brief asking a state court to clarify that Johnson & Johnson must pay to abate the state’s opioid crisis, even if it takes 20 years (Oklahoma, et al. v. Purdue Pharma, et al., No. CJ-2017-816, Okla. Dist., Cleveland Co.).

  • November 06, 2019

    New Jersey High Court Asked To Create Multicounty Litigation For Prolene Mesh

    TRENTON, N.J. — The New Jersey Supreme Court on Oct. 1 said it has received an application to create a multicounty litigation for injuries allegedly caused by Prolene hernia mesh.

  • November 06, 2019

    Mass Tort Cases For Drugs, Medical Devices

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

  • November 06, 2019

    U.S. High Court Urged To Leave Asset Recovery To Purdue Pharma Bankruptcy Trustee

    WASHINGTON, D.C. — Opioid maker Purdue Pharma Inc. and the controlling Sackler family on Oct. 30 told the U.S. Supreme Court that it should not grant original jurisdiction to Arizona’s legal efforts to discover assets that the defendants allegedly hid (Arizona v. Richard Sackler, et al., No. 22 Original 151, U.S. Sup.).

  • November 05, 2019

    2,736 Lipitor MDL Plaintiffs Must Pay Pfizer $470,344 After All Cases Dismissed

    CHARLESTON, S.C. — The South Carolina federal judge overseeing the Lipitor diabetes multidistrict litigation on Oct. 17 awarded Pfizer Inc. $470,344 in costs as the prevailing party, apportioning the costs among the MDL’s 2,736 plaintiffs and saying that if they can’t afford their shares they can file a motion showing a financial burden (In Re Lipitor Marketing, Sales Practices and Product Liability Litigation, MDL Docket No. 2502, D. S.C., Charleston Div.).

  • November 05, 2019

    7 Attorneys General Oppose Insys Opioid Bankruptcy Plan For Gerrymandering

    WILMINGTON, Del. — Seven state attorneys general on Nov. 3 joined opioid multidistrict litigation plaintiffs in the U.S. Bankruptcy Court for the District of Delaware in objecting to a proposed Chapter 11 liquidation plan for Subsys maker Insys Therapeutics Inc. saying the plan allegedly gerrymanders classes for an unfair result (In Re:  Insys Therapeutics, Inc., et al., No. 19-11292, Del. Bkcy).

  • November 04, 2019

    Allergan Doesn’t Oppose MDL For Biocell Breast Implants But Suggests New Jersey

    WASHINGTON, D.C. — Allergan Inc. on Nov. 1 told a federal judicial panel that it does not opposed centralization of 17 federal medical monitoring lawsuits involving Biocell textured breast implants but says the U.S. District Court for the District of New Jersey would be a better transferee court (In Re:  Allergan Biocell Breast Implant Litigation, MDL Docket No. 2921, JPMDL).

  • November 04, 2019

    Georgia Appeals Court Backs Summary Judgment in Pelvic Mesh Legal Malpractice Case

    ATLANTA — A Georgia state appeals panel on Oct. 30 affirmed a trial court’s summary judgment in a pelvic mesh legal malpractice case, finding that the estate of the two deceased plaintiffs cannot show that it suffered monetary damages due to criteria used to determine a settlement allocation (Justin Smiley, et ux. Terry White, et al. v. Blasingame, Burch, Garrard & Ashley, P.C., et al., No. A19A1193, Ga. App., 5th Div., 2019 Ga. App. LEXIS 644).

  • October 31, 2019

    Echelon Flex Surgical Stapler Under Class I Recall After Serious Injuries, Death

    SILVER SPRING — The Food and Drug Administration on Oct. 30 announced a Class I recall of the Echelon Flex Endopath surgical stapler after the agency received seven reports of serious injuries and one death as of Oct. 3.

  • October 30, 2019

    Illinois Attorney General Settles Last Drug Wholesale Price Suits For $242M

    CHICAGO — The Illinois attorney general on Oct. 29 announced a $242 million average wholesale price (AWP) settlement with 10 parent drug companies for inflating the wholesale prices of their drugs to increases Medicaid reimbursement rates.

  • October 29, 2019

    Pennsylvania Jury Awards $33.7M In Damages, Punitives In IVC Filter Case

    PHILADELPHIA — A Pennsylvania state court jury on Oct. 28 returned a verdict of $33.68 million in an inferior vena cava (IVC) filter case, the first trial in a mass tort docket of 776 cases (Tracy Reed-Brown v. Rex Medical LP, No. 170300241, Pa. Comm. Pls., Philadelphia Co.).

  • October 28, 2019

    2 Medical Charities Pay $6M For Drug Co-Pay Kickback Funds For Drug Makers

    BOSTON — Two patient charities have agreed to pay a total of $6 million to settle federal allegations that they violated the False Claims Act, 31 U.S. Code § 3729, by enabling drug companies to pay kickbacks in the form of drug co-pays to Medicare patients who took the companies’ drugs, the U.S. attorney for the District of Massachusetts announced in an Oct. 25 news release.

  • October 28, 2019

    Allergan Settles Drug Direct- Purchaser Antitrust Class Action For $750M

    DUBLIN, Ireland — Allergan PLC on Oct. 28 announced that subsidiary Forest Laboratories LLC has tentatively settled a Namenda direct-purchaser antitrust class lawsuit for $750 million.

  • October 24, 2019

    FDA Draft Guidance Recommends Black Box Warning For Breast Implants

    SILVER SPRING, Md. — The Food and Drug Administration on Oct. 23 released a draft guidance that recommends that breast implant makers include a black box warning on their devices (“Breast Implants — Certain Labeling Recommendations to Improve Patient Communication, Draft Guidance,” Oct. 24, 2019).

  • October 24, 2019

    Bayer Pays Kentucky $17M For Misleading Women About Risks Of 2 Birth Control Drugs

    FRANKFORT, Ky. — Bayer Corp on Oct. 22 agreed to pay Kentucky $17 million to settle a state attorney general amended complaint that Bayer misled Kentucky women about the risks associated with Bayer’s birth control drugs Yasmin and Yaz (In the Matter of Bayer Corporation, No. 07-CI-00148, Ky. Cir., Franklin Co.).

  • October 23, 2019

    Opioid Trial Holdout Walgreen Moved To Next Track With Other Pharmacies, Distributors

    CLEVELAND — After five co-defendants settled an opioid multidistrict litigation trial, the MDL court on Oct. 21 severed the lone remaining defendant, pharmacy chain Walgreen, and said it will face trial along with eight other pharmacy and drug distributor defendants in the 1-B track (In Re:  National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-md-2804, N.D. Ohio, Eastern Div.).

  • October 23, 2019

    4th Circuit Affirms That Metal-On-Metal MDL Case Was Untimely

    RICHMOND, Va. — In a one-paragraph opinion, the Fourth Circuit U.S. Court of Appeals on Oct. 22 said a multidistrict litigation court did not err when its ruled that a plaintiff’s claims involving a metal-on-metal hip made by Smith & Nephew Inc. (S&N) was untimely and not subject to equitable tolling (In Re:  Smith & Nephew Birmingham Hip [Kimberlee Aitcheson, et al. v. Smith & Nephew], No. 19-1079, 4th Cir., 2019 U.S. App. LEXIS 31419).

  • October 22, 2019

    4 State Attorneys General Get $48B Opioid Settlement With 5 Drug Companies

    The attorneys general of North Carolina, Pennsylvania, Tennessee and Texas on Oct. 21 announced they reached a $48 billion agreement-in-principal with two opioid manufacturers and three drug distributors to settle state claims involving the opioid crisis.

  • October 22, 2019

    Teva Settles Opioid MDL Bellwether Case For $45M In Cash, Antidote Drugs

    PARSIPPANY, N.J. — Teva Pharmaceutical Industries Ltd. on Oct. 21 announced it settled opioid multidistrict litigation bellwether lawsuits by two Ohio counties for $45 million in cash and opioid treatment drugs.

  • October 22, 2019

    No Acquittal, New Trial For 2 Pharmacists In NECC Fungal Meningitis Case

    BOSTON — A Massachusetts federal judge on Oct. 17 denied motions for acquittal or a new trial by two pharmacists convicted of violating federal law by shipping compounded drugs bearing fake patient names from New England Compounding Center (NECC) (United States v. Kathy S. Chin, et al., No. 14-10363, D. Mass., 2019 U.S. Dist. LEXIS 179561).

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