MINNEAPOLIS — The first bellwether trial in the Bair Hugger multidistrict litigation will proceed after the Minnesota federal judge overseeing the MDL on April 13 denied exclusion of three plaintiff experts and only partly granted defense motions for summary judgment (Louis Gareis, et al. v. 3M Company, et al., No. 16-4187, D. Minn., 2018 U.S. Dist. LEXIS 62568).
ATLANTA — The 11th Circuit U.S. Court of Appeals on April 9 affirmed dismissal of an amiodarone off-label injury case, saying the claim is barred by Alabama’s learned intermediary doctrine (Barbara R. Tutwiler v. Sandoz, Inc., No. 17-13985, 11th Cir., 2018 U.S. App. LEXIS 9092).
TRENTON, N.J. — New Jersey’s courts administrator on April 11 said an application has been received for a multicounty litigation (MCL) designation for state court cases involving multilayered hernia mesh products made by the Ethicon Inc. division of Johnson & Johnson.
WASHINGTON, D.C. — Plaintiffs on April 10 asked a federal judicial panel to centralize 55 hernia mesh cases against C.R. Bard Inc., Davol Inc. and Becton Dickinson in a multidistrict litigation in the U.S. District Court for the Southern District of Ohio or the Western District of Mississippi (In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, MDL Docket No. 2846, JPMDL).
LAFAYETTE, La. — The Louisiana federal judge overseeing the Actos multidistrict litigation on April 11 closed the six-year-old case, stating that all pending matters have been resolved, remaining cases remanded or transferred to other venues and all administrative matters addressed (In Re: Actos [Pioglitazone] Products Liability Litigation, MDL Docket No. 2299, No. 11-md-2299, W.D. La.).
WASHINGTON, D.C. — The U.S. Supreme Court on April 16 denied certiorari in a whistleblower case brought by two British surgeons against DePuy Orthopaedics Inc. for alleged false claims made for ASR and Pinnacle metal-on-metal hips (Medical Device Business Services, Inc., et al. v. United States, ex rel. Antoni Nargol, et al., U.S. Sup., No. 17-1108, U.S. Sup.).
WASHINGTON, D.C. –— The U.S. Supreme Court on April 16 asked the U.S. solicitor general for his views on whether false claims lawsuits can be brought when the federal government continued to pay for drugs at issue (Gilead Sciences, Inc. v. United States, ex rel. Jeffrey Campie, et al., No. 17-936, U.S. Sup.).
HACKENSACK, N.J. — A day after awarding a couple $33 million in compensatory damages in New Jersey’s first C.R. Bard Inc. pelvic mesh trial, the same jury on April 13 awarded $35 million in punitive damages (Mary McGinnis, et al. v. C.R. Bard Inc., et al., No. BER-L-17543-14, N.J. Super., Bergen Co.).
BROOKLYN, N.Y. — Despite an earlier statement that the terms of a master settlement agreement for 562 Propecia injuries cases will be sealed, the plaintiffs on April 10 filed a proposed plan of allocation that disclosed that the total claimant fund is $4,292,000 provided that 100 percent of the plaintiffs participate (In Re: Propecia [Finasteride] Products Liability Litigation, MDL Docket No. 2331, No. 12-md-2331, E.D. N.Y.).
HACKENSACK, N.J. — A New Jersey state court jury on April 12 awarded $33 million in compensatory damages in the state’s first C.R. Bard Inc. pelvic mesh trial and will hear arguments April 13 for punitive damages (Mary McGinnis, et al. v. C.R. Bard Inc., et al., No. BER-L-17543-14, N.J. Super., Bergen Co.). VIDEO FROM THE TRIAL IS AVAILABLE.
PHOENIX — An Arizona federal judge on April 10 dismissed with prejudice seven claims in a consolidated class action lawsuit against Theranos Inc. but denied dismissal of 13 claims against various defendants, including ones for RICO, unjust enrichment, fraud, battery and medical battery, aiding and abetting and breach of contract (In Re: Arizona Theranos, Inc. Litigation, No. 16-2138, et al., D. Ariz.).
LOS ANGELES — All parties in a surgical gown class action on April 9 and 10 told a California federal judge that that they would prefer for the court to simply reduce the $450 million punitive damage award so they can skip a punitives-only retrial and proceed directly to appeals (Bahamas Surgery Center, LLC v. Kimberly-Clark Corporation, et al., No. 14-8390, C.D. Calif.).
CLEVELAND — The Ohio federal judge overseeing the opioid multidistrict litigation on April 9 appointed a negotiating team for retail chain pharmacies (In Re: National Prescription Opiate Litigation, MDL Docket No. 2904, No. 17-md-2804, N.D. Ohio).
SILVER SPRING, Md. — The Essure birth control device will be restricted to health care providers who use a Food and Drug Administration-approved checklist about the device’s risks, the FDA announced April 9.
BROOKLYN, N.Y. — A confidential master settlement agreement (MSA) for 562 Propecia injury cases was signed April 9, according to a letter by the parties to the New York federal judge overseeing the drug’s multidistrict litigation (In Re: Propecia [Finasteride] Products Liability Litigation, MDL Docket No. 2331, No. 12-md-2331, E.D. N.Y.).
PHILADELPHIA — Pennsylvania’s second complex litigation Xarelto trial got under way April 6 in the Philadelphia County Common Pleas Court (Daniel I. Russell, et al. v. Janssen Pharmaceuticals, Inc., et al., No. 150500362, Pa. Comm. Pls., Philadelphia Co.).
PHILADELPHIA — The Third Circuit U.S. Court of Appeals on April 4 affirmed summary judgment in an adult Zostavax case, agreeing that the plaintiff missed the applicable statutes of limitation in suing manufacturer Merck & Co. Inc. (Chris Juday, et al. v. Merck & Co. Inc., et al., No. 17-2081, 3rd Cir., 2018 U.S. App. LEXIS 8516).
BOSTON — Shareholders have not shown that pharmaceutical company Sarepta Therapeutics Inc. and three of its senior executives materially misrepresented investors that a 2014 new drug application (NDA) with the U.S. Food and Drug Administration for its Duchenne muscular dystrophy (DMD) treatment drug was likely even though the FDA had expressed concerns over the sufficiency of the company’s clinical data in making their federal securities law claims, a First Circuit U.S. Court of Appeals panel ruled April 4 in affirming a federal district court’s dismissal of the suit (William Kader, et al. v. Sarepta Therapeutics Inc., et al., No. 17-1139, 1st Cir., 2018 U.S. App. LEXIS 8563).
BOSTON — Lead plaintiffs in a securities class action lawsuit against a pharmaceutical company and two of its senior executives failed to plead any actionable misrepresentations or omissions supporting their claims that the defendants concealed negative Phase 2 clinical study results for its colon infection treatment drug in violation of federal securities laws, a federal judge in Massachusetts ruled March 30 in granting the defendants’ motion to dismiss (Erste-Sparinvest Kapitalanlagegesellschaft Mbh v. Seres Therapeutics, et al., No. 16-11943, D. Mass., 2018 U.S. Dist. LEXIS 54485).
CLEVELAND — The United States on April 2 moved to participate in settlement discussions in the opioid multidistrict litigation as a friend of the court, telling the MDL court that instead of making the government’s other opioid actions part of the MDL, it will instead provide its information and expertise to help craft a settlement for nonmonetary remedies (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-md-2804, N.D. Ohio, Eastern Div.).