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