LOS ANGELES — A California state appeals court on Nov. 6 reversed summary judgment for three drug makers in the state’s coordinated incretin mimetic diabetes drug litigation, saying the trial court misapplied U.S. Supreme Court preemption case law about whether the Food and Drug Administration considered new evidence of risk (Aida Rotondo, et al. v. Amylin Pharmaceuticals, Inc., et al., No. B275314, Calif. App., 2nd Dist., Div. 7, 2018 Cal. App. Unpub. LEXIS 7515).
WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 5 denied review of InterMune Inc. founder W. Scott Harkonen’s motion for a writ of error coram nobis due to new exculpatory evidence (W. Scott Harkonen, M.D. v. United States of America, No. 18-417, U.S. Sup.).
PHILADELPHIA — A Pennsylvania appeals court on Oct. 31 affirmed a $2.5 million Risperdal gynecomastia compensatory damages verdict and, citing earlier court opinions, said the trial court needs to analyze whether the plaintiffs can ask for punitive damages (Phillip Pledger, et al. v. Janssen Pharmaceuticals, Inc., et al., Nos. 2088 EDA 2016 and 2187 EDA 2016, Pa. Super., 2018 Pa. Super. LEXIS 1167).
WASHINGTON, D.C. — A plaintiff on Oct. 22 asked the Judicial Panel on Multidistrict Litigation (JPMDL) to centralize 11 federal valsartan product liability cases before Judge Freda L. Wolfson of the U.S. District Court for the District of New Jersey (In Re: Valsartan N-Nitrosodimethylamine [NDMA] Contamination Products Liability Litigation, MDL Docket No. 2875, JPMDL).
PHILADELPHIA — A generic drug manufacturer on Oct. 23 filed an antitrust action in Pennsylvania federal court against Martin Shkreli, his drug company and two other drug companies for using a direct-sales pharmacy to keep potential competitors from getting samples of the drug Thiola to develop their own versions of the drug (Spring Pharmaceutics, LLC v. Retrophin, Inc., et al., No. 18-4553, E.D. Pa.).
NEW YORK — Former Valeant Pharmaceuticals International Inc. executive Gary Tanner and former Phildor Rx Services LLC CEO Andrew Davenport were sentenced Oct. 30 to one year in federal prison and ordered to forfeit $9.7 million each following their May convictions for wire fraud and money laundering (United States Gary Tanner, et al., No. 16-7338, S.D. N.Y.).
WASHINGTON, D.C. — Maryland on Oct. 19 asked the U.S. Supreme Court to rule that the state’s anti-gouging law for generic drugs prices is constitutional (Brien E. Frosh, et al. v. Association for Accessible Medicines, No. 18-546, U.S. Sup.).
New developments in the following mass tort drug and device cases are marked in boldface type.
TRENTON, N.J. — A New Jersey appeals court on Oct. 29 reversed a trial court’s grant of summary judgment against a relator in a dispute over whether the relator’s counsel violated a confidentiality agreement by commenting on a $3 billion settlement by GlaxoSmithKline plc (Dr. Joseph Piacentile v. Gregory Thorpe, et al., No. A-5219-15T3, 2018 N.J. Super. Unpub. LEXIS 2383).
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Oct. 29 affirmed that a pro se plaintiff’s withdrawal injury claim from the atypical antipsychotic Abilify is barred by a Texas’ rebuttable presumption about the adequacy of Food and Drug Administration-approved drug warnings (Peter B. Casey v. Bristol-Myers Squibb Company, et al., No. 18-50380, 5th Cir., 2018 U.S. App. LEXIS 30590).
PHILADELPHIA — A Pennsylvania federal judge on Oct. 25 ruled that a drug distributor agreement does not require a distributor to arbitrate its antitrust claims against manufacturers of the drug (In Re: Remicade Antitrust Litigation, No. 18-303, E.D. Pa., 2018 U.S. Dist. LEXIS 183749).
MINNEAPOLIS — The Minnesota federal judge overseeing the Bair Hugger multidistrict litigation on Oct. 26 denied a plaintiff’s motion for a new trial in the first MDL bellwether case (Louis Gareis, et al. v. 3M Co., et al., No. 16-4187, D. Minn., 2018 U.S. Dist. LEXIS 183964).
PHILADELPHIA — Abbott Laboratories and spinoff AbbVie Inc. have agreed to pay $25 million to resolve a False Claims Act, 31 U.S. Code § 3729, lawsuit that they paid doctors kickbacks and engaged in off-label marketing of their cholesterol drug TriCor, the U.S. Attorney’s Office for the Eastern District of Pennsylvania announced Oct. 26 (United States ex rel. Amy Bergman, et al. v. Abbott Laboratories, No. 09-4264, E.D. Pa.).
LOS ANGELES — A California state court judge on Oct. 1 sustained a demurrer by a silicone breast implant maker, finding that a 1998 consent decree the company signed was not shown to have a role in allegedly defective implants received by a woman (Rexina Mize, et al. v. Mentor Worldwide LLC, et al., No. BC649083, Calif. Super., Los Angeles Co.).
WASHINGTON, D.C. — A federal claims court judge on Sept. 20 affirmed denial of a flu vaccine injury petition in which an adult claimed that the vaccine caused him to develop Guillian-Barre syndrome (GBS) or GBS-like symptoms (Peter C. Harrington v. Secretary of Health and Human Services, No. 15-752, Fed. Clms., 2018 U.S. Claims LEXIS 1199).
NEW YORK — A New York state justice on Oct. 12 ruled that some, but not all, of a plaintiff’s claims in a Topamax eye injury case are preempted by federal law (Zayre Preston v. Janssen Pharmaceuticals, Inc., et al., No. 158570/17, N.Y. Sup., New York Co., 2018 N.Y. Mis. LEXIS 4760).
PENSACOLA, Fla. — Plaintiffs in the Abilify multidistrict litigation on Oct. 19 filed objections to a magistrate judge’s denial of their motion for discovery sanctions against co-defendant Otsuka America Pharmaceutical Inc. (In Re: Abilify [Aripiprazole] Products Liability Litigation, MDL Docket No. 2734, No. 16-md-2734, N.D. Fla., Pensacola Div.).
NEWARK, N.J. — A New Jersey state court judge on Oct. 2 granted in part and denied in part a motion by opioid defendant Purdue Pharma L.P. to dismiss a civil lawsuit filed by the state attorney general (Gurbir Grewal, et al. v. Purdue Pharma L.P., et al., No. ESX-C-245-17, N.J. Super., Essex Vicinage).
PHILADELPHIA — The Pennsylvania Supreme Court on Oct. 16 denied review of an appellate court ruling that a fentanyl overdose death off-label claim is preempted by federal law (Joseph A. Caltagirone, et al. v. Cephalon Inc., et al., No. 248 EAL 2018, Pa. Sup.).
SANTA FE, N.M. — The New Mexico Court of Appeals on Oct. 24 ruled that a federal court’s dismissal of a Plavix qui tam action does not preclude the New Mexico attorney general from bringing his own qui tam lawsuit under state statutes (State of New Mexico, ex rel. Hector Balderas, et al. v. Bristol-Myers Squibb Co., et al., No. A-1-CA-36906, N.M. App., 2018 N.M. App. LEXIS 67).