Mealey's Drugs & Devices

  • May 27, 2022

    Opioid Settlement Didn’t End Sanctions Threat For Arnold & Porter, Judge Says

    CENTRAL ISLIP, N.Y. — A New York state court judge on May 25 ruled that defense firm Arnold & Porter Kaye Scholer LLP did not escape civil contempt sanctions for discovery violations after an underlying opioid lawsuit settled but agreed to review related defense documents in camera before making a decision.

  • May 26, 2022

    Indirect Drug Resellers’ Class Complaint Dismissed In Generic Drug Antitrust MDL

    PHILADELPHIA — A Pennsylvania federal judge presiding over the generic drug pricing multidistrict litigation on May 25 dismissed without prejudice a class complaint filed by indirect reseller plaintiffs (IRPs) after finding they failed to plead adequate facts to establish that drug manufacturers conspired to fix prices in violation of federal and state antitrust laws.

  • May 25, 2022

    Teva, Allergan Settle West Virginia Opioid Suit For $161.5M Near Close Of Trial

    CHARLESTON, W.Va. — Opioid defendants Teva Pharmaceuticals Inc. and Allergan PLC have agreed to settle West Virginia’s opioid nuisance lawsuit for a combined $161.5 million over 10 years, according to May 25 announcements by the state attorney general and by Teva Pharmaceuticals Industries Inc.

  • May 24, 2022

    Doctor Files 4th Amended Lap-Band False Claims Act Complaint Against Allergan

    BALTIMORE — A doctor who alleges that Allergan Inc. rewarded high-volume bariatric surgeons using the company’s weight-loss device with a listing on the company’s www.lapband.com website on May 18 filed a fourth amended complaint after a Maryland federal judge earlier in the month dismissed the most recent amended complaint.

  • May 24, 2022

    Summary Judgment Granted To Defendant In BHR Metal-On-Metal Hip Case

    BALTIMORE — The Maryland federal judge overseeing the Birmingham Hip Resurfacing (BHR) metal-on-metal hip multidistrict litigation on May 17 granted summary judgment to defendant Smith & Nephew Inc. on the plaintiff’s remaining claims ahead of a June 6 bellwether trial.

  • May 24, 2022

    5th Circuit Affirms Denial Of Reconsideration In Heart Device Case Dismissal

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on May 9 affirmed a trial court order denying reconsideration of judgment in an implantable heart device wrongful death case, finding that the appellants provided no valid reason why they agreed to a summary judgment motion and then did not oppose it.

  • May 24, 2022

    Case Watch

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

  • May 24, 2022

    Merck Says Gardasil Vaccine MDL Would Second-Guess Vaccine Court Process

    WASHINGTON, D.C. — Merck & Co. Inc. and Merck Sharp & Dohme LLC (Merck) on May 20 opposed a motion by 15 plaintiffs to centralize Gardasil vaccine injury cases in a multidistrict litigation, saying that the “vaccine court” has not recognized injuries in any claims filed there and that the plaintiffs’ law firm is seeking an end-run around the vaccine injury compensation program.

  • May 24, 2022

    U.S. High Court To Discuss Opioid Convictions Of Kapoor, Lee At June 2 Conference

    WASHINGTON, D.C. — The U.S. Supreme Court on June 2 will consider certiorari petitions filed by opioid defendant John N. Kapoor and former company regional sales manager Sunrise Lee to overturn their Controlled Substances Act convictions for their roles in illegally marketing the fentanyl-based drug Subsys.

  • May 23, 2022

    Federal Circuit Majority Reverses Vaccine Special Master, Orders Compensation

    WASHINGTON, D.C. — In a 2-1 decision, the Federal Circuit U.S. Court of Appeals on May 20 reversed a vaccine court special master’s denial of compensation for the second time and remanded the case solely for the determination of damages.

  • May 23, 2022

    Plaintiff’s 3rd Levaquin Nerve Damage Suit Dismissed As Time-Barred

    MUSKOGEE, Okla. — An Oklahoma federal judge on May 19 dismissed with prejudice a plaintiff’s third lawsuit alleging nerve injury caused by the fluoroquinolone antibiotic Levaquin, agreeing with defendant Janssen Pharmaceuticals Inc. that the complaint was filed beyond the applicable statute of limitations.

  • May 23, 2022

    Belviq Weight Loss Drug Cancer Case Stayed Pending Global Settlement Talks

    OCALA, Fla. — A Florida federal court judge on May 6 granted a joint motion to stay a Belviq cancer case for four months pending global settlement negotiations.

  • May 23, 2022

    Class Action Filed For Out-Of-Specification Thyroid Hormone Drugs

    GAINESVILLE, Ga. — A class action complaint was filed May 12 alleging that Pharmaceuticals LLC made and sold thyroid hormone pills that were subpotent.

  • May 20, 2022

    Justice Department:  Medical Device Maker Told Doctors To Reuse Single-Use Devices

    GRAND RAPIDS, Mich. — The United States on May 17 filed a false claims complaint against a medical device maker and its president alleging that they encouraged health care practitioners to reuse rectal pressure sensors, thereby exposing patients to bacterial, fungal and viral infections, including HIV, herpes, gonorrhea, chlamydia, human papillomavirus (HPV), Escherichia coli (E. coli) and salmonella.

  • May 19, 2022

    Judge Vacates Accumulator Adjustment Rule For Medicare Best Drug Prices

    WASHINGTON, D.C. — A District of Columbia federal judge on May 17 vacated and set aside the U.S. Department of Health and Human Services’ 2020 accumulator adjustment rule for calculating the best drug prices for Medicare programs after finding that the rule exceeded congressional intent.

  • May 19, 2022

    U.S. High Court Won’t Review Expert Exclusion In Abilify Tardive Dyskinesia Case

    WASHINGTON, D.C. — The U.S. Supreme Court on May 16 declined to review lower court decisions excluding an expert opinion that the maker of the antidepressant Abilify failed to update the drug label to warn of the risk of the neurological disorder tardive dyskinesia.

  • May 16, 2022

    U.S. High Court Won’t Review Bair Hugger Expert Ruling That Restores MDL Cases

    WASHINGTON, D.C. — The U.S. Supreme Court on May 16 denied review of an Eighth Circuit U.S. Court of Appeals expert witness ruling that opened the way for the reinstatement of more than 5,000 cases alleging that post-surgical infections were caused by the Bair Hugger patient warming device.

  • May 12, 2022

    Opioid MDL Abatement Trial Under Way Against CVS, Walmart, Walgreen

    CLEVELAND — The abatement phase of an opioid multidistrict litigation bellwether trial against three retail pharmacy chains began May 10 before the presiding MDL judge in the U.S. District Court for the Northern District of Ohio.

  • May 11, 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 11, 2022

    FDA Limits Use Of Janssen COVID-19 Vaccine Due To Blood Clot, Death Risk

    SILVER SPRING, Md. — The Food and Drug Administration on May 5 limited the authorized use of the Johnson & Johnson/Janssen Global Services LLC COVID-19 one-dose vaccine because of the risk of blood clots with thrombocytopenia syndrome (TTS).

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