PHILADELPHIA — The Third Circuit U.S. Court of Appeals on April 28 affirmed the dismissal of an inferior vena cava (IVC) filter injury lawsuit, agreeing with the trial court that the manufacturer adequately warned of the device’s risks and that the pro se plaintiff failed to adequately plead that the manufacturer did not adequately tell doctors to monitor the devices after implantation.
ORLANDO, Fla. — A Florida federal jury on April 26 awarded a woman $2.5 million in compensatory damages after finding that Coloplast Corp. defectively designed NovaSilk mesh in a pelvic mesh device, failed to adequately warn a doctor about risks of the device, made false statements about the device and fraudulently concealed material facts, all of which caused the plaintiff’s injuries.
SAN FRANCISCO — Opening arguments began April 15 in San Francisco’s opioid multidistrict litigation bellwether trial involving two drug manufacturers, a distributor and retail pharmacy chain Walgreens.
MONTGOMERY, Ala. — Alabama Attorney General Steve Marshall on April 19 said in a press release that two opioid makers and one distributor had agreed to separate settlements totaling $236.3 to be paid either this year or over nine years.
NEW YORK — The Second Circuit U.S. Court of Appeals on April 21 said that at least 11 persons or entities have been scheduled to make arguments at an April 29 hearing appealing a bankruptcy court’s approval of a reorganization plan for opioid maker Purdue Pharma LP and addressing whether the controlling Sackler family can be released from liability.
SAN FRANCISCO — San Francisco on April 20 reached a tentative $10 million settlement of the city and county’s claims against Endo Pharmaceuticals Inc. and related entities, a spokesperson for the city attorney told Mealey Publications.
KNOXVILLE, Tenn. — A Tennessee state appeals panel on April 20 reversed a trial judge’s refusal to recuse himself in an opioid case, vacated the judge’s sanctions order against Endo Health Solutions Inc. and said a new judge should be assigned on remand.
New developments in the following mass tort drug and device cases are marked in boldface type.
MILWAUKEE — The Wisconsin Court of Appeals on April 5 reversed dismissal of a complaint alleging kidney injury from hemostatic surgical clips, saying that a trial court misapplied the learned intermediary doctrine and that there is a genuine issue of material fact about whether a warning about clip migration inside the kidney would have altered decisions by a surgeon and the patient.
SEATTLE — Closing arguments in the state of Washington’s five-monthlong opioids trial against the so-called Big Three drug distributors are on hold until no earlier than July 16 after the parties on April 11 stipulated to continue closings.
TALLAHASSEE, Fla. —Florida Attorney General Ashley Moody on April 6 asked a state court to issue a declaration that she has the authority to settle and release the opioid claims of five public hospitals and a major school district after the six declined to sign on to settlements the attorney general reached with various opioid defendants.
ALBANY, N.Y. — Concerned about the risk of continuing to coordinate all of New York state’s opioid litigation before a single judge, the state’s Litigation Coordinating Panel on April 18 designated a second court to help handle other cases, including those involving “small, independent pharmacies” in upstate counties, and allowed coordinating judges to assign other judges to help with the caseload.
CHARLESTON, W.Va. — Johnson & Johnson and subsidiary Janssen Pharmaceutical Cos. have agreed to pay $99 million to settle an in-trial opioids lawsuit brought by West Virginia, according to April 18 press releases by both parties.
SILVER SPRING, Md. — The Food and Drug Administration on March 14 issued a press release stating that Baxter International Co. on Dec. 29 conducted a Class I recall of two of its Spectrum infusion pumps because the devices may fail to produce alarms if their delivery tubes are occluded.
COLUMBUS, Ohio — An Ohio federal judge on April 11 dismissed a Zostavax lawsuit because the plaintiff did not claim to be a consumer under Ohio law or to be a commercial entity to claim a deceptive trade practice.
WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation (JPMDL) on April 14 said it will hear arguments on May 26 on Covidien LP’s second motion for the creation of an MDL for 73 federal lawsuits alleging injures from the company’s hernia mesh.
COLUMBUS, Ohio — An Ohio federal court jury on April 15 awarded $255,000 for plaintiffs’ negligent design and loss of consortium claims in the second Davol/C.R. Bard hernia mesh multidistrict litigation bellwether trial but returned defense verdicts to C.R. Bard Inc. and subsidiary Davol Inc. on five other claims.
WASHINGTON, D.C. — The U.S. Supreme Court on April 18 denied a pro se petition for a writ of certiorari by five breakaway plaintiffs who wanted the high court to rule that product liability claims involving the filing of false or inaccurate post-sale adverse events by a silicone breast implant manufacturer are not preempted by the court’s medical device preemption rulings in Buckman Co. v. Plaintiffs’ Legal Committee and Riegel v. Medtronic, Inc.
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on April 14 affirmed summary judgment to the defendants in a DePuy knee defect case, saying the plaintiffs failed to provide competent evidence of a defect and are not entitled to an inference that revision surgery proves there was a defect.
INDIANAPOLIS — An Indianapolis federal judge on April 12 dismissed as time-barred a woman’s personal injury claims for an incident in which part of a Cook Medical Inc. inferior vena cava (IVC) filter broke off and became lodged in her vertebra.