STAMFORD, Conn. — OxyContin maker Purdue Pharma L.P. on Aug. 28 said in a statement that it is actively working with state attorneys general and other plaintiffs to achieve a global resolution of the opioid litigation the company faces.
BATON ROUGE, La. — A Louisiana federal judge on Aug. 26 said a plaintiff who claims that the prescription heartburn drug Nexium caused his stomach cancer can’t make claims outside of the Louisiana Product Liability Act (LPLA) but otherwise said the plaintiff’s LPLA claims escape dismissal (Stanley P. Baudin v. AstraZeneca Pharmaceuticals L.P., et al., No. 18-1063, M.D. La., 2019 U.S. Dist. LEXIS 145210).
RICHMOND, Va. — A Virginia federal judge on Aug. 22 dismissed a DePuy Orthopaedics Inc. knee lawsuit after a magistrate judge recommended dismissal with and without prejudice and after the plaintiff moved to dismiss all his claims (Willie Claude Porter v. DePuy Orthopaedics, Inc., No. 19-7, E.D. Va., Richmond Div., 2019 U.S. Dist. LEXIS 144007).
JACKSONVILLE, Fla. — A Florida federal judge on Aug. 22 dismissed two complaints alleging that breast implant maker Allergan Sales LLC aided and abetted a plastic surgery medical practice that allegedly routinely explanted saline breast implants to obtain warranty payments (Elizabeth Michelle Angell, et al. v. Allergan Sales, LLC, No. 18-282, Ashley J. Hicks v. Allergan Sales, LLC, No. 18-283, M.D. Fla., Jacksonville Div., 2019 U.S. Dist. LEXIS 142768).
NORMAN, Okla. — An Oklahoma state court judge on Aug. 26 ordered Johnson & Johnson and subsidiary Janssen Pharmaceuticals Inc. to pay $572.1 million to fund the first year of the state’s opioid crisis abatement plan (Oklahoma, ex rel., Mike Hunter, et al. v. Purdue Pharma L.P., et al., No. CJ-2017-816, Okla. Dist., Cleveland Co.). VIDEO OF JUDGMENT SUMMARY AVAILABLE.
NORMAN, Okla. — An Oklahoma state court judge on Aug. 26 found the state proved that Johnson & Johnson and Janssen Pharmaceuticals created a public nuisance in their manufacture and marketing of opioids and ordered them to pay $572.1 million to fund the first years of an opioid crisis abatement program (Oklahoma, et al. v. Purdue Pharma L.P., et al., No. CJ-2017-816, Okla. Dist., Cleveland Co.).
HOUSTON — A Texas appeals court on Aug. 23 denied a petition by five opioid manufacturer defendants for a writ of mandamus challenging a trial court’s denial of their dismissal motion against four Texas counties (In Re Purdue Pharma L.P., et al., No. 01-19-00551, Texas App., 1st Dist., Houston).
CLEVELAND — The Ohio federal judge presiding over the opioid multidistrict litigation on Aug. 9 granted summary judgment to plaintiffs on the issue of whether defendants owe duties under the Controlled Substances Act to report suspicious opioid orders, but he declined to find that the defendants committed actual violations, leaving that issue for a jury (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-md-2804, N.D. Ohio, 2019 U.S. Dist. LEXIS 140020).
New developments in the following mass tort drug and device cases are marked in boldface type.
NORMAN, Okla. — An Oklahoma state court special master on Aug. 22 said a judge who tried the state’s public nuisance opioid lawsuit against Johnson & Johnson and subsidiary Janssen Pharmaceuticals Inc. will issue his verdict at midday Aug. 26 (State of Oklahoma v. Purdue Pharma L.P., et al., No. CJ-2017-816, Okla. Dist., Cleveland Co.).
WILMINGTON, Del. — The Delaware federal judge presiding in the Insys Therapeutics Inc. bankruptcy on Aug. 22, approved the sale of debtor assets to Chilion Group Holdings US Inc. (In Re: Insys Therapeutics Inc., No. 19-11292, Del. Bkcy.).
PHILADELPHIA — The Pennsylvania Supreme Court on Aug. 20 said it would not review an appeal by pelvic mesh maker Ethicon Inc. of a state Superior Court ruling that the defendant’s post-trial motions following a $2.34 million verdict were untimely (Sharon Beltz v. Ethicon Women’s Health and Urology, et al., No. 141 EAL 2019, Pa. Sup.).
NEW ORLEANS — A Louisiana federal judge who will preside over the first Taxotere multidistrict litigation hair loss bellwether trial on Aug. 14 denied preemption summary judgment to defendant Sanofi-Aventis, saying the manufacturer’s regulatory submissions to the Food and Drug Administration aren’t “clear evidence” that the agency rejected a stronger label warning about permanent hair loss from the breast cancer drug (In Re: Taxotere [Docetaxel] Products Liability Litigation, [Barbara Earnest v. Sanofi-Aventis, No. 16-17144], MDL Docket No. 2740, No. 16-md-2740, E.D. La.).
LOS ANGELES — A California state court jury on July 26 unanimously awarded a plaintiff $7.68 million in a damages-only retrial of a Zimmer metal-on-metal Durom hip case (Gary Kline v. Zimmer, Inc., et al., No. BC444834, Calif. Super., Los Angeles Co.).
PHOENIX — The Arizona federal judge presiding over the C.R. Bard inferior vena cava (IVC) filter multidistrict litigation on Aug. 20 suggested that a federal judicial panel transfer about 580 unsettled cases to other courts, noting that thousands of other MDL cases are in the process of settling and that the nonsettling cases will no longer benefit from centralized proceedings (In Re: Bard IVC Filters Products Liability Litigation, MDL Docket No. 2641, No. 15-2641, D. Ariz.).
CLEVELAND — The Ohio federal judge presiding over the opioid multidistrict litigation on Aug. 19 appointed interim counsel for a city/county negotiating class (In Re: National Prescription Opiate Litigation [Summit, Ohio, et al. v. Purdue Pharma L.P., et al., No. 18-op-450090, N.D. Ohio, Eastern Div.)
CLEVELAND — Two Ohio counties that will go to trial in October against opioid defendants in a multidistrict litigation bellwether trial on Aug. 19 voluntarily dropped four claims (In Re: National Prescription Opiate Litigation [Summit, Ohio, et al. v. Purdue Pharma L.P., et al., No. 18-op-45090, Cuyahoga, Ohio, et al. v. Purdue Pharma, L.P., et al., No. 17-op-5004], MDL Docket No. 2804, No. 17-md-2804, N.D. Ohio).
DUBLIN, Ireland — Endo International PLC on Aug. 20 said in a press release that it has reached an agreement in principal to settle the first two bellwether cases in the opioid multidistrict litigation for $10 million and $1 million worth of two therapeutic drugs (County of Cuyahoga, et al. v. Purdue Pharma, L.P., et al., No. 18-op-45004, and County of Summit, et al. v Purdue Pharma, L.P., et al., No. 18-op-45090, N.D. Ohio).
PHOENIX — A woman fails to identify why three companies would be subject to suit in Arizona or how the spinal fusion device they manufacture failed to perform as expected, a federal judge in Arizona said Aug. 14 (Kathryn Marie Jones v. Medtronic Inc., et al., No. 14-383, D. Ariz., 2019 U.S. Dist. LEXIS 137485).
PETACH TIKVA, Israel — Drug manufacturer Teva Pharmaceutical Industries Ltd. on Aug. 7 told stockholders that in the second quarter, it recorded an expense of $646 million in legal settlements and loss contingencies, up from $20 million for the comparable period last year.