New developments in the following mass tort drug and device cases are marked in boldface type.
NORMAN, Okla. — An Oklahoma state court special master on Aug. 22 said a judge who tried the state’s public nuisance opioid lawsuit against Johnson & Johnson and subsidiary Janssen Pharmaceuticals Inc. will issue his verdict at midday Aug. 26 (State of Oklahoma v. Purdue Pharma L.P., et al., No. CJ-2017-816, Okla. Dist., Cleveland Co.).
WILMINGTON, Del. — The Delaware federal judge presiding in the Insys Therapeutics Inc. bankruptcy on Aug. 22, approved the sale of debtor assets to Chilion Group Holdings US Inc. (In Re: Insys Therapeutics Inc., No. 19-11292, Del. Bkcy.).
PHILADELPHIA — The Pennsylvania Supreme Court on Aug. 20 said it would not review an appeal by pelvic mesh maker Ethicon Inc. of a state Superior Court ruling that the defendant’s post-trial motions following a $2.34 million verdict were untimely (Sharon Beltz v. Ethicon Women’s Health and Urology, et al., No. 141 EAL 2019, Pa. Sup.).
NEW ORLEANS — A Louisiana federal judge who will preside over the first Taxotere multidistrict litigation hair loss bellwether trial on Aug. 14 denied preemption summary judgment to defendant Sanofi-Aventis, saying the manufacturer’s regulatory submissions to the Food and Drug Administration aren’t “clear evidence” that the agency rejected a stronger label warning about permanent hair loss from the breast cancer drug (In Re: Taxotere [Docetaxel] Products Liability Litigation, [Barbara Earnest v. Sanofi-Aventis, No. 16-17144], MDL Docket No. 2740, No. 16-md-2740, E.D. La.).
LOS ANGELES — A California state court jury on July 26 unanimously awarded a plaintiff $7.68 million in a damages-only retrial of a Zimmer metal-on-metal Durom hip case (Gary Kline v. Zimmer, Inc., et al., No. BC444834, Calif. Super., Los Angeles Co.).
PHOENIX — The Arizona federal judge presiding over the C.R. Bard inferior vena cava (IVC) filter multidistrict litigation on Aug. 20 suggested that a federal judicial panel transfer about 580 unsettled cases to other courts, noting that thousands of other MDL cases are in the process of settling and that the nonsettling cases will no longer benefit from centralized proceedings (In Re: Bard IVC Filters Products Liability Litigation, MDL Docket No. 2641, No. 15-2641, D. Ariz.).
CLEVELAND — The Ohio federal judge presiding over the opioid multidistrict litigation on Aug. 19 appointed interim counsel for a city/county negotiating class (In Re: National Prescription Opiate Litigation [Summit, Ohio, et al. v. Purdue Pharma L.P., et al., No. 18-op-450090, N.D. Ohio, Eastern Div.)
CLEVELAND — Two Ohio counties that will go to trial in October against opioid defendants in a multidistrict litigation bellwether trial on Aug. 19 voluntarily dropped four claims (In Re: National Prescription Opiate Litigation [Summit, Ohio, et al. v. Purdue Pharma L.P., et al., No. 18-op-45090, Cuyahoga, Ohio, et al. v. Purdue Pharma, L.P., et al., No. 17-op-5004], MDL Docket No. 2804, No. 17-md-2804, N.D. Ohio).
DUBLIN, Ireland — Endo International PLC on Aug. 20 said in a press release that it has reached an agreement in principal to settle the first two bellwether cases in the opioid multidistrict litigation for $10 million and $1 million worth of two therapeutic drugs (County of Cuyahoga, et al. v. Purdue Pharma, L.P., et al., No. 18-op-45004, and County of Summit, et al. v Purdue Pharma, L.P., et al., No. 18-op-45090, N.D. Ohio).
PHOENIX — A woman fails to identify why three companies would be subject to suit in Arizona or how the spinal fusion device they manufacture failed to perform as expected, a federal judge in Arizona said Aug. 14 (Kathryn Marie Jones v. Medtronic Inc., et al., No. 14-383, D. Ariz., 2019 U.S. Dist. LEXIS 137485).
PETACH TIKVA, Israel — Drug manufacturer Teva Pharmaceutical Industries Ltd. on Aug. 7 told stockholders that in the second quarter, it recorded an expense of $646 million in legal settlements and loss contingencies, up from $20 million for the comparable period last year.
PHILADELPHIA — The Pennsylvania Supreme Court on Aug. 2 denied a petition for allowance of appeal by Janssen Pharmaceuticals Inc. of a $2.5 million Risperdal gynecomastia verdict (Phillip Pledger, et al. v. Janssen Pharmaceuticals, Inc., et al., No. 31 EAL 2019, Pa. Sup.).
CONCORD, N.H. — The New Hampshire federal judge presiding over the C-Qur mesh multidistrict litigation on Aug. 12 denied defense motions to dismiss all of two bellwether cases on the statute of limitations (In Re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation, MDL Docket No. 2753 [Felicia Blackwood v. Atrium Medical Corporation, et al., No. 16-379, Joseph Shumaker v. Atrium Medical Corporation, et al., No. 17-741, D. N.H.).
NEW YORK — A cancer doctor pleaded guilty on Aug. 2 for taking about $119,400 in kickbacks from opioid maker Insys Therapeutics Inc. for sham speaking engagements promoting the opioid Subsys, according to the U.S. Attorney’s Office for the Southern District of New York (United States v. Freedman, No. 18-cr-217, S.D. N.Y.).
NORMAN, Okla. — An Oklahoma state court special master on Aug. 12 said a judge who tried the state’s public nuisance opioid lawsuit against Johnson & Johnson and subsidiary Janssen Pharmaceuticals Inc. will issue the verdict the week of Aug. 26 (State of Oklahoma v. Purdue Pharma L.P., et al., No. CJ-2017-816, Okla. Dist., Cleveland Co.).
BALTIMORE — A U.S. District Court for the District of Maryland judge on Aug. 5 partially granted a motion to dismiss claims in the total hip arthroplasties (THA) track of the Smith & Nephew’s Birmingham Hip Resurfacing (BHR) multidistrict litigation, finding that “a tripartite approach” is necessary for hybrid systems, resulting in some of the claims being preempted by federal law while others survive (In re Smith & Nephew Birmingham Hip Resurfacing [BHR] Hip Implant Products Liability Litigation, MDL Docket No. 2775, No. 17-md-2775, D. Md., 2019 U.S. Dist. LEXIS 131067).
SAN FRANCISCO — A federal judge in California on Aug. 9 denied a woman’s request to amend her pelvic mesh product liability suit after finding that her attempt to amend her allegations that her inability to discover that her injury was caused by the mesh caused her to file suit after the expiration of het three-year statute of limitations was futile (Kim Johnston v. Covidien LP, et al., No. C 19-01419, N.D. Calif., 2019 U.S. Dist. LEXIS 134771).
LOS ANGELES — A federal judge in California on Aug. 1 dismissed with prejudice claims brought by five women who allegedly sustained injuries when MemoryGel breast implants made by Mentor Worldwide LLC leaked gel, ruling that their allegations were preempted by the Medical Device Amendments (MDA) to the Food, Drug and Cosmetic Act (FDCA) (Tammi Jacob, et al. v. Mentor Worldwide LLC, et al., No. 19-cv-01484-AB, C.D. Calif., 2019 U.S. Dist. LEXIS 128989).
HERTFORDSHIRE, England — Mylan N.V. on July 29 said it has reached a $30 million agreement-in-principle to settle a U.S. Securities and Exchange Commission investigation into the misclassification of the EpiPen epinephrine autoinjector as a generic product to avoid paying rebates to the Medicaid program.