Mealey's Drugs & Devices

  • January 19, 2021

    Florida Doctor Pleads Guilty To Wire Fraud In GSK Asthma Drug Study

    MIAMI — A Miami doctor on Jan. 8 pleaded guilty in Florida federal court to one count of conspiracy to commit wire fraud for participating in a scheme to defraud drugmaker GlaxoSmithKline PLC in an asthma drug study.

  • January 19, 2021

    Testosterone MDL Plaintiff Attorney Sanctioned, Faces Contempt Of Court

    CHICAGO — The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on Jan. 12 sanctioned a plaintiff attorney $1,000 for failing to show cause why he should not be sanctioned and for failing to appear at a hearing on the show-cause order.

  • January 19, 2021

    6th Circuit Affirms Pelvic Mesh Claim Filed Too Late Under Tennessee Law

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Dec. 14 affirmed summary judgment in a pelvic mesh case, agreeing with a district court that under Tennessee’s statute of repose the plaintiff filed her complaint more than six years after sustaining an injury

  • January 19, 2021

    U.S. High Court Lets Stand Ruling Blocking Res Judicata Bar Of State’s Plavix Case

    WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 11 denied a petition by Bristol-Myers Squibb Co. (BMS) and Sanofi-Aventis U.S. LLC to decide whether New Mexico’s state court consumer lawsuit involving Plavix is barred by the dismissal of a federal qui tam Plavix lawsuit on grounds other than the merits of the claim.

  • January 19, 2021

    2 Device Company Execs Dodge Jail Time For Off-Label Promotion Of Medical Device

    BOSTON — Two former Acclarent Inc. executives escaped jail time Jan. 13 for their misdemeanor convictions on marketing a medical device for off-label uses but were fined $1 million and $500,000, respectively, by a Massachusetts federal judge.

  • January 19, 2021

    Washington Federal Judge Limits Testimony Of Medical Expert In Surgical Mesh Case

    TACOMA, Wash. — A medical expert in a surgical mesh product liability case may not testify as to the implanting physician’s state of mind but may opine on whether the device has degraded or deformed, a Washington federal judge ruled Jan. 14 in a case transferred from a multidistrict litigation.

  • January 19, 2021

    Taxotere MDL Hair Loss Case Out On Summary Judgment For Lack Of Causation

    NEW ORLEANS — The Louisiana federal judge overseeing the Taxotere hair loss multidistrict litigation on Jan. 13 granted summary judgment to Sanofi S.A. after ruling that the deselection of the plaintiff’s case for a bellwether trial did not relieve her of finding an expert to show causation.

  • January 19, 2021

    6th Circuit Won’t Block Kessler Deposition In Opioids MDL Ahead Of Federal Post

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Jan. 12 denied a motion by two opioids manufacturers to stay a short-notice deposition of former Food and Drug Administration Commissioner Dr. David Kessler and reserved a ruling on the defendants’ petition for a writ of mandamus directing the opioids multidistrict litigation court to prevent Kessler’s deposition.

  • January 15, 2021

    Judge Awards $4.62M Fees In $2.5M Neurostimulator False Claims Settlement

    NEWARK, N.J. — A New Jersey federal judge on Dec. 11 awarded two whistle-blowers $4.62 million in attorney fees and $907,670 in legal costs in a False Claims Act lawsuit against medical device maker Boston Scientific Corp. that resulted in a $2.5 million settlement.

  • January 15, 2021

    Utah Learned Intermediary Rule Doesn’t Trump Ability Warning Claim, Judge Says

    PENSACOLA, Fla. — A Florida federal judge on Jan. 12 adopted a magistrate judge’s recommendation to deny summary judgment to Bristol-Myers Squibb Co. and Otsuka Pharmaceutical Co. Ltd. in an Abilify compulsive side effect case, finding that Utah’s learned intermediary rule hasn’t been extended to failure-to-warn claims.

  • January 13, 2021

    U.S. High Court Stays Injunction Against FDA’s In-Person Abortion Pill Rule

    WASHINGTON, D.C. — In a 6-3 ruling, the U.S. Supreme Court on Jan. 12 stayed a federal court order enjoining a Food and Drug Administration requirement that women have in-person consultations to receive the abortion pill mifepristone even during the coronavirus (COVID-19) pandemic.

  • January 11, 2021

    4th Circuit Reverses $1.25M Pradaxa Verdict: No New Evidence To Escape Preemption

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on Jan. 6 vacated a $1.25 million Pradaxa fraud verdict after finding there was no newly discovered information about risks from  the prescription anticoagulant, thus making the claim preempted by federal law.

  • January 06, 2021

    United States Sues Walmart For Failing To Flag Suspect Opioid Prescriptions

    WILMINGTON, Del. — The United States on Dec. 22 filed a federal civil complaint against Walmart Inc., alleging that it violated federal rules for dispensing opioids, failed to report suspicious orders and violated the Controlled Substances Act.

  • January 06, 2021

    Split 11th Circuit Reverses Dismissal Of Heart Device Wrongful Death Case

    ATLANTA — In a 2-1 ruling, the 11th Circuit U.S. Court of Appeals on Dec. 23 reversed dismissal of a defective heart lead wrongful death claim with the majority saying the widow pleaded “enough facts to plausibly support her negligence and strict liability claims.”

  • January 06, 2021

    Mass Tort Cases For Drugs, Medical Devices

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

  • January 06, 2021

    Settlement Masters Named For Valsartan MDL

    CAMDEN, N.J. — The New Jersey federal judge overseeing the valsartan/losartan/irbesartan multidistrict litigation on Dec. 18 appointed two retired federal judges to serve as special settlement masters in the litigation.

  • January 06, 2021

    Mylan Gets Summary Judgment Against Sanofi Antitrust Claims In EpiPen MDL

    KANSAS CITY, Kan. — The Kansas federal judge overseeing the EpiPen multidistrict litigation on Dec. 17 granted summary judgment against Sanofi-Aventis US LLC in its antitrust claim against EpiPen maker Mylan Inc.

  • January 06, 2021

    11th Circuit Affirms Doctor Was Adequately Warned Of Contraceptive Stroke Risk

    ATLANTA — The 11th Circuit U.S. Court of Appeals on Dec. 22 affirmed summary judgment in a birth control pill stroke case, agreeing with a trial court that based on Georgia state law and testimony, the prescribing doctor was adequately warned about the risk of blood clots and would have prescribed the drug with any new warning.

  • January 06, 2021

    3rd Circuit Asks New Jersey High Court If Contingency Cap Applies To Nonresidents

    PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Dec. 17 asked the New Jersey Supreme Court whether New Jersey’s public policy interest in regulating the use of state courts compels the application of the state’s contingency fee cap law in a legal malpractice dispute between nonresident plaintiffs and nonresident lawyers. 

  • January 06, 2021

    Split 6th Circuit Panel: Master Settlement Arbitration Can’t Supersede Prior Pact

    CINCINNATI — In a 2-1 ruling Dec. 15, the Sixth Circuit U.S. Court of Appeals reversed a multidistrict litigation court’s ruling in an attorney fee dispute in the DePuy ASR hip litigation, saying an arbitration requirement in an MDL master settlement agreement cannot supersede an arbitration agreement in the original attorney retention agreement.

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