WASHINGTON, D.C. — Twenty federal plaintiffs on July 31 asked a federal judicial panel to centralize their linear gadolinium injury case in a multidistrict litigation in the U.S. District Court for the Northern District of California (In Re: Linear Gadolinium-Based Contract Agents Products Liability Litigation, MDL Docket No. 2868, JPMDL).
WASHINGTON, D.C. — A federal judicial panel on Aug. 2 centralized 112 Davol Inc./C.R. Bard Inc. hernia mesh lawsuits in a multidistrict litigation before Judge Edmund A. Sargus of the U.S. District Court for the Southern District of Ohio (In Re: Davol, Inc./C.R. Bard, Inc. Polypropylene Hernia Mesh Products Litigation, MDL Docket No. 2846, JPMDL.)
AUSTIN, Texas — Endo Pharmaceuticals Inc. has agreed to pay $13.25 million to settle a whistleblower’s Medicaid fraud case concerning the Lidoderm shingles pain patch, a plaintiff law firm announced Aug. 1 (Plaintiffs Under Seal v. Defendant, No. D-1-GN-15-001782, Texas Dist., Travis Co.).
WASHINGTON, D.C. — Nearly 100 federal lawsuits alleging injuries from the Zostavax shingles vaccine were centralized Aug. 2 by the Judicial Panel on Multidistrict Litigation (JPMDL) in a multidistrict litigation before Judge Harvey Bartle III in the U.S. District Court for the Eastern District of Pennsylvania (In Re: Zostavax [Zoster Vaccine Live] Products Liability Litigation, MDL Docket No. 2848, JPMDL).
TRENTON, N.J. — The New Jersey Supreme Court on Aug. 1 unanimously agreed that two plaintiff experts were properly excluded from testifying in the state’s consolidated Accutane litigation, a ruling that reinstates the dismissal of 2,076 cases (In Re: Accutane Litigation, No. 1-25 September Term 2017 079958, N.J. Super., 2018 N.J. LEXIS 988).
WASHINGTON, D.C. — A federal judge on July 18 reversed an award in a vaccine infant death case, finding that the special master set too low a bar for the petitioners (Chase Boatmon, et al. v. Secretary of Health and Human Services, No. 13-611V, Fed. Clms., 2018 U.S. Claims LEXIS 832).
NEW YORK — A New York federal judge on July 24 dismissed an inferior vena cava (IVC) filter case because the plaintiff failed to identify elements of her claims against manufacturer B. Braun Medical Inc. (Ana Quintana v. B. Braun Medical Inc., et al., No. 17-6614, S.D. N.Y., 2018 U.S. Dist. 123718).
PHILADELPHIA — A Pennsylvania state court judge on July 24 denied a motion by Ethicon Inc. and Johnson & Johnson to recuse himself from an upcoming pelvic mesh case because his unidentified mother is a plaintiff in an unidentified product liability case in an unidentified court that the defendants say involves a Johnson & Johnson product (Diana Perigo v. Ethicon, Inc., et al., No. 18072825, Pa. Comm. Pls., Philadelphia Co.).
TEXARKANA, Texas — A Texas federal judge on July 31 dismissed one relator in a False Claims Act/Anti-Kickback Act lawsuit against five drug defendants and conditionally dismissed some claims without prejudice (Health Choice Group, LLC, et al. v. Bayer Corporation, et al., No. 17-126, E.D. Texas).
New developments in the following mass tort drug and device cases are marked in boldface type.
CENTRAL ISLIP, N.Y. — A New York state court justice presiding over the state’s opioid litigation docket on July 17 denied a motion by eight distributors to dismiss a consolidated complaint by nine counties (In Re: Opioid Litigation, No. 400000/2017, N.Y. Sup., Suffolk Co., 2018 NYLJ LEXIS 2588).
MINNEAPOLIS — 3M Co. and Arizant Healthcare Inc. on July 18 opposed Louis Gareis’ motion for a new trial in his Bair Hugger patient warmer lawsuit, saying that the court’s pretrial rulings are all within the court’s discretion and that they supported the jury’s defense verdict (Louis Gareis, et al. v. 3M Company, et al., No. 16-4187, D. Minn.).
BATON ROUGE, La. — A Louisiana federal judge on July 25 denied remand of a penile prosthesis product liability case, adopting a magistrate judge’s recommendation that the amount in controversy likely exceeds the federal jurisdiction threshold amount of $75,000 (Michael Murphy v. Boston Scientific Corporation, No. 18-31, M.D. La., 2018 U.S. Dist. LEXIS 125216).
CLEVELAND — Two newspapers cannot access federal prescription drug tracking data produced in the opioid multidistrict litigation, an Ohio federal judge ruled July 26 (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-md-2804, N.D. Ohio, E. Div.).
PHOENIX — The Arizona federal judge overseeing the C.R. Bard inferior vena cava (IVC) filter multidistrict litigation on July 26 granted partial summary judgment in an upcoming September bellwether case in which the parties haven’t settled on what model of device was implanted in the plaintiff (In Re: Bard IVC Filters Products Liability Litigation, MDL Docket No. 2641, No. 15-2641, Lisa Hyde, et al. v. C.R. Bard, Inc., et al., No. 16-893, D. Ariz., 2018 U.S. Dist. LEXIS 124995).
CHICAGO — Health insurer Medical Mutual of Ohio (MMO) on July 27 was ordered to provide specific answers to testosterone replacement therapy drug makers relating to when the insurer told employees to hold discovery related data in litigation involving alleged wrongful promotion of testosterone therapy drugs (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Medical Mutual of Ohio v. AbbVie, Inc., No. 14-8857, N.D. Ill., Eastern Div.).
MINNEAPOLIS — The Minnesota federal judge presiding over the Bair Hugger multidistrict litigation on July 25 ruled that seven bellwether trial plaintiffs cannot retract their MDL trial court waivers under Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998), after the first bellwether trial resulted in a defense verdict (In Re: Bair Hugger Forced Air Warming Products Liability Litigation, MDL Docket No. 2666, No. 15-2666, D. Minn.).
CHICAGO — The Illinois federal judge presiding over the testosterone replacement therapy multidistrict litigation on July 26 denied a motion by a health insurer to certify a national and Ohio class of third-party payers who paid for the off-label prescription of testosterone drugs (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Medical Mutual of Ohio, et al. v. AbbVie, Inc., et al., No. 14-8857, N.D. Ill., Eastern Div., 2018 U.S. Dist. LEXIS 125041).
CLEVELAND — The Ohio federal judge presiding over the opioid multidistrict litigation on June 28 denied a motion to create a track for cases alleging injuries to babies (In Re: National Prescription Opioid Litigation, MDL Docket No. 2804, Rees v. McKesson Corporation, et al., No. 18-45252, N.D. Ohio, Eastern Div.).
MINNEAPOLIS — Medtronic Inc. and four individual defendants on July 1 agreed to a $43 million class settlement involving alleged securities violations related to Medtronic’s reporting of risks with the Infuse bone graft device in clinical trials (In Re: Medtronic, Inc., Securities Litigation, No. 13-1686, D. Minn.).