Mealey's Drugs & Devices

  • April 14, 2022

    Judge: Opioid Suits Have No Potential To Assert Accident Produced Alleged Injury

    SAN FRANCISCO — A federal judge in California on April 5 granted insurers’ cross-motions for partial summary judgment as to their duty to defend their insured that sold and distributed prescription drugs, finding that underlying lawsuits prompted by the opioid epidemic fail to allege an “accident” under California law.

  • April 13, 2022

    Panel Strikes $42M From Nearly $344M Verdict Against J&J For Pelvic Mesh Marketing

    SAN DIEGO — A California appellate panel on April 11 struck $42 million in civil penalties from a verdict against Johnson & Johnson (J&J) and subsidiary Ethicon Inc. imposed by a trial court for oral communications to doctors that were unsubstantiated by evidence but affirmed the remaining $302 million in penalties for other deceptive marketing of pelvic mesh products in violation of California’s unfair competition law (UCL) and false advertising law (FAL).

  • April 07, 2022

    6th Circuit Denies Pharmacies’ Mandamus Petition To Vacate Opioid Nuisance Verdict

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on April 5 denied a petition for a writ of mandamus filed by two pharmacy chains seeking to reverse an opioid public nuisance verdict, to get a new trial or to get an interlocutory appeal.

  • April 07, 2022

    Panel:  Too Few Atrium Hernia Mesh Cases To Warrant An MDL

    WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation (JPMDL) on April 5 denied a motion by two plaintiffs to centralize 10 federal Atrium hernia mesh cases, saying there are too few and that informal coordination is an adequate alternative to an MDL.

  • April 06, 2022

    California High Court Asked If Stronger Warning Must Change Doctor Or Patient’s Mind

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on April 1 asked the California Supreme Court to decide if California law requires plaintiffs in a medical device case to show that a stronger warning would have altered a physician’s decision to prescribe the device or if the plaintiff must show that a stronger warning would have made the plaintiffs decline the device.

  • April 05, 2022

    Diabetes Drug Metformin Associated With Major Birth Defects, Study Says

    PHILADELPHIA — A Danish nationwide cohort study found that the use of the diabetes drug metformin is associated with major birth defects, particularly genital birth defects in male babies, when fathers took the drug before conception, according to the March 29 Annals of Internal Medicine.

  • April 05, 2022

    Mass Tort Cases For Drugs, Medical Devices

    New developments in the following mass tort drug and device cases are marked in boldface type.

  • April 05, 2022

    Judge In Shingles Vaccine MDL Enters Lone Pine Order To ‘Weed Out’ Weak Claims

    PHILADELPHIA — Saying it’s time to “weed out” meritorious from nonmeritorious claims that the Zostavax vaccine caused shingles infections in adults, a Pennsylvania federal judge overseeing a multidistrict litigation on March 30 entered a Lone Pine order requiring plaintiffs who claim to have developed shingles to produce laboratory reports showing that their infection was a “vaccine-strain” varicella virus.

  • April 05, 2022

    Insys Defendant Sunrise Lee Gets $1.34M Forfeiture, $5M Restitution From Judge

    BOSTON — A Massachusetts federal judge on April 4 ordered opioid defendant Sunrise Lee to forfeit $1.34 million and to be jointly and severally liable with her four co-defendants for restitution of $5 million in the Insys Therapeutics Inc. criminal case.

  • April 05, 2022

    5th Circuit Affirms Preemption Ruling In Gastric Balloon Case

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on April 1 affirmed summary judgment for a device manufacturer in a gastric balloon device case, finding that the plaintiff’s state law claims are preempted by federal regulation and case law.

  • April 05, 2022

    Consumer Claims Out In Metformin Class Action; Third- Party Payer’s Partly Survive

    NEWARK, N.J. — A New Jersey federal judge on March 30 said four consumers lack standing to bring a variety of class claims against 10 manufacturers of the diabetes drug metformin due to alleged contamination by the potential carcinogen N-nitrosodimethylamine (NDMA) but dismissed some claims brought by a third-party payer while allowing other claims to remain.

  • April 05, 2022

    Florida Judge Denies Hospitals An Emergency Stay Of Endo Opioid Settlement

    DADE CITY, Fla. — A Florida state court judge on March 30 denied an “emergency motion” by two hospitals to intervene in and stay Florida’s $65 million opioid settlement with Endo Health Solutions Inc., saying the hospitals can instead serve a nonemergency motion on the other parties and seek a hearing.

  • April 04, 2022

    Advocacy Groups Fail To Get United States To Take Down Vaccine-Autism Statement

    NEW YORK — A New York federal judge on March 31 dismissed a lawsuit by two nonprofits that sought to force the U.S. Department of Health and Human Services to remove from the Centers for Disease Control and Prevention website a section titled “Vaccines Do Not Cause Autism,” saying the plaintiffs did not show that the section harmed them or persons they claim to represent.

  • April 01, 2022

    After 6th Circuit Mandamus, Opioid MDL Judge Remands 3 Cases To State Courts

    CLEVELAND — Just 20 days after an appeals court granted a petition for a writ of mandamus, the Ohio federal judge overseeing the opioid multidistrict litigation on March 30 remanded lawsuits filed by two cities and a county to their respective state courts.

  • March 31, 2022

    6th Circuit Affirms Court’s Remand Of Coverage Suit Arising From Opioid Epidemic

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on March 30 affirmed a lower federal court’s remand of a pharmaceutical distributor’s lawsuit seeking coverage for underlying defense costs in thousands of state and federal actions alleging that it caused or contributed to the opioid epidemic, finding that the lower court “adhered to the principles of federalism and comity” in declining jurisdiction.

  • March 31, 2022

    Clinical Study: Ivermectin Doesn’t Lower Hospitalization Risk To COVID Patients

    BOSTON — The results of a medical study published in the March 30 New England Journal of Medicine found that treatment of COVID-19 patients with the controversial drug ivermectin did not lower the risk of hospital admission or shorten emergency room visits.

  • March 31, 2022

    9th Circuit Affirms Expert Exclusion, Summary Judgment In Incretin Mimetic MDL

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on March 28 affirmed exclusion of a plaintiffs’ causation expert witness and summary judgment in the incretin mimetic multidistrict litigation.

  • March 30, 2022

    7th Circuit: Testosterone Gel ‘Unsound Mind’ Claim Doesn’t Trigger Discovery Rule

    CHICAGO — The Seventh Circuit U.S. Court of Appeals on March 21 said issue preclusion bars a lawsuit by a federal prisoner who claims that the testosterone replacement therapy drug AndroGel caused compulsive behavior that resulted in his financial ruin and compulsive behavior that led to his conviction of fraud and money laundering in a $6.4 million scheme.

  • March 30, 2022

    CVS, Teva, Allergan Pay Florida $813M To Settle Opioid Litigation

    TALLAHASSEE, Fla. — The Florida attorney general’s office on March 30 said CVS Health Corp., Teva Pharmaceuticals Industries Ltd. and Allergan PLC will pay the state a combined $813 million to resolve state and municipal litigation alleging that the pharmacy chain and drug manufacturers contributed to the state’s opioid epidemic.

  • March 28, 2022

    CVS, Walgreen, Walmart Appeal Remand Of Tribe’s Opioid Suit To State Court

    MUSKOGEE, Okla. — Three retail pharmacy chains on March 25 appealed the remand of a Native American tribe’s opioid lawsuit to Oklahoma state court after the court ruled that without a co-defendant that raised the federal officer defense, the federal court lacked subject matter jurisdiction.

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