Mealey's Drugs & Devices

  • December 10, 2019

    5th Circuit Affirms Summary Judgment In Medtronic Hernia Mesh Case

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Dec. 9 affirmed summary judgment in a Medtronic Inc. hernia mesh case for lack of causation evidence (Val D. Emery, et al. v. Medtronic, Incorporated, et al., No. 19-20389, 5th Cir.).

  • December 09, 2019

    U.S. High Court Won’t OK Arizona’s Suit Seeking Purdue Pharma, Sackler Assets

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 9 denied Arizona’s motion to allow the state to file a complaint of original jurisdiction in the high court to discover assets allegedly hidden by opioid maker Purdue Pharma L.P.’s Sackler family (Arizona v. Richard Sackler, et al., No. 22 Original 151, U.S. Sup.).

  • December 04, 2019

    Drug Co-Pay Charity Pays $4M To Settle False Claims Allegations

    BOSTON — The U.S. Attorney’s Office for the District of Massachusetts announced Nov. 20 that charitable foundation The Assistance Fund (TAF) has agreed to pay $4 million to resolve allegations that it violated the False Claims Act, 31 U.S. Code § 3729, by enabling drug manufacturers Teva Pharmaceuticals USA Inc., Biogen Inc. and Novartis Pharmaceuticals Corp. to pay kickbacks to Medicare patients who took the companies’ drugs.

  • December 04, 2019

    Interlocutory Appeal Of Opioid MDL Negotiating Class OK’d By 6th Circuit

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Nov. 8 granted a defendants’ petition for interlocutory appeal of certification of a negotiation class in the opioid multidistrict litigation (In Re:  McKesson Corporation, et al., No. 19-305, 6th Cir., 2019 U.S. App. LEXIS 33631).

  • December 04, 2019

    Mass Tort Cases For Drugs, Medical Devices

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

  • December 04, 2019

    Judge Vacates Drug, Certain Fraud Convictions Of 5 Top Insys Opioid Employees

    BOSTON — A Massachusetts federal judge on Nov. 26 vacated the Controlled Substances Act (CSA) and honest services fraud convictions of five top employees of opioid maker Insys Therapeutics Inc. but let stand their mail and wire fraud convictions (United States v. Michael J. Gurry, et al., No. 16-cr-10343, D. Mass., 2019 U.S. Dist. LEXIS 205850).

  • December 04, 2019

    Johnson & Johnson, Oklahoma To Appeal $465M Opioid Public Nuisance Judgment

    NORMAN, Okla. — Johnson & Johnson and Janssen Pharmaceuticals Inc. on Nov. 22 asked an Oklahoma state court to stay enforcement of its $465.02 million opioid judgment pending appeal and to approve a $25 million supersedeas bond (Oklahoma v. Purdue Pharma L.P., et al., No. CJ-2017-816, Okla. Dist., Cleveland Co.).

  • December 04, 2019

    Opioid MDL Negotiating Class Counsel Says 98 Percent Of Class Of 34,458 Wants To Stay

    CLEVELAND — Negotiating class counsel in the opioid multidistrict litigation tells the court in a Dec. 2 report that as of Nov. 27, 98 percent of the 34,458 class members opted to remain in the class (In Re:  National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-md-2804, N.D. Ohio, Eastern Div.).

  • December 04, 2019

    9th Circuit Reverses Dismissal Of Actos RICO Refund Class Action

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Dec. 3 reversed dismissal of an Actos diabetes drug consumer lawsuit, finding that the plaintiffs had shown standing to sue under the Racketeer Influenced and Corrupt Organizations Act (Painters and Allied Trades, et al. v. Takeda Pharmaceuticals Company Limited, et al., No. 18-55588, 9th Cir., 2019 U.S. App. LEXIS 35844).

  • December 04, 2019

    U.S. High Court Won’t Hear Personal Jurisdiction Issue In Lipitor Litigation

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 25 denied drug maker Pfizer Inc.’s petition for a writ of certiorari on whether by removing Lipitor cases to federal court the defendants forfeited the company’s right to challenge the personal jurisdiction of California courts (Pfizer, Inc., et al. v. Superior Court of California, et al., No. 19-278, U.S. Sup.).

  • December 03, 2019

    Pennsylvania Appeals Court Affirms $76.66M Risperdal Gynecomastia Verdict

    PHILADELPHIA — The Pennsylvania Superior Court on Nov. 26 affirmed a $76.66 million compensatory verdict in a Risperdal gynecomastia case, in part because defendants Janssen Pharmaceuticals Inc. allegedly concealed a study that found a statistically significant risk (A.Y., et al. v. Janssen Pharmaceuticals Inc., et al., Nos. 3058 EDA 2016 and 3059 EDA 2016, Pa. Super.).

  • December 03, 2019

    Zantac Manufacturers Agree MDL Should Be Formed, Sent To New Jersey

    WASHINGTON, D.C. — The current manufacturer of the over-the-counter heartburn drug Zantac and three former manufacturers on Nov. 27 told a federal judicial panel that they support the creation of a Zantac/ranitidine/N-nitrosodimethylamine (NDMA) multidistrict litigation (In Re:  Zantac/Ranitidine NDMA Litigation, MDL Docket No. 2924, JPMDL).

  • December 02, 2019

    2nd Circuit Affirms Dismissal Of Contract, Fraud Claims Against Plaintiff Law Firm

    NEW YORK — The Second Circuit U.S. Court of Appeals on Nov. 25 affirmed dismissal of a breach-of-contract and fraud lawsuit against a plaintiff law firm for allegedly mishandling a plaintiff’s breast implant claim (Beverly J. Ezra v. Weitz & Luxenberg, P.C., No. 18-3742, 2nd Cir., 2019 U.S. App. LEXIS 35676).

  • December 02, 2019

    3rd Circuit Remands 507 Fosamax Femur Injury Cases For Judge’s Preemption Ruling

    PHILADELPHIA — Following the U.S. Supreme Court’s May 20 preemption ruling, a panel of the Third Circuit U.S. Court of Appeals on Nov. 25 remanded 507 Fosamax femur fracture cases to a multidistrict litigation court in New Jersey for determination of whether the plaintiff’s claims are preempted (In Re:  Fosamax [Alendronate Sodium] Product Liability Litigation, No. 14-2813, 3rd Cir.).

  • November 21, 2019

    Mass Tort Cases For Drugs, Medical Devices

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

  • November 21, 2019

    3rd Circuit:  Jury Must Decide If Discovery Rule Saves Plaintiff’s Hip Case

    PHILADELPHIA — In a 2-1 opinion, the Third Circuit U.S. Court of Appeals reversed summary judgment in a Zimmer metal-on-metal hip case, saying that under Pennsylvania law, whether Pennsylvania’s discovery rule applies is a question of fact for a jury (Marilyn Adams v. Zimmer US Inc. et al., No. 18-3011, 3rd Cir., 2019 U.S. App. LEXIS 34513).

  • November 21, 2019

    Pennsylvania High Court: Trial Court Must Revisit Risperdal Accrual Date Issue

    PHILADELPHIA — The Pennsylvania Supreme Court on Nov. 20 vacated summary judgment in two Risperdal gynecomastia cases as being time-barred, ruling that the state Superior Court erred in determining if there was enough publicity about a cause and effect to put the plaintiffs on notice (In Re:  Risperdal Litigation [Jonathan Saksek v. Janssen Pharmaceuticals, Inc., et al., No. 22 EAP 2018; Joshua Winter v. Janssen Pharmaceuticals, Inc., et al., No. 23 EAP 2018, Pa. Sup., 2019 Pa. LEXIS 6480).

  • November 21, 2019

    Pennsylvania State Judge Won’t Recuse Himself From Risperdal Gynecomastia Case

    PHILADELPHIA — A Pennsylvania state court judge on Oct. 30 denied without comment a Johnson & Johnson motion for him to recuse himself from a Risperdal gynecomastia case for allegedly celebrating an $8 billion punitive damages verdict with some members of the jury (Nicholas Murray v. Janssen Pharmaceuticals, Inc., et al., No. 13040199000495, Pa. Comm. Pls., Philadelphia Co.).

  • November 21, 2019

    Class Action Sought For Pre-Term Drug Makena As Ineffective, Overpriced

    SYRACUSE, N.Y. — Two women on Nov. 12 filed a New York state class action complaint against the manufacturer of the pre-term pregnancy prevention drug Makena, arguing that the injectable drug is ineffective and overpriced (Teresa Faughnan, et al. v. AMAG, Inc., No. 19-1394, N.D. N.Y.).

  • November 21, 2019

    6th Circuit Rejects Appeal Of Denial Of Injunction Involving Opioid Babies

    CINCINNATI — On a 2-1 vote with a lengthy dissent, the Sixth Circuit U.S. Court of Appeals on Nov. 18 dismissed an appeal by two women who sought to enjoin opioid manufacturers from dispensing their drugs to women without a negative pregnancy test (Amanda Hanlon, et al. v. Purdue Pharma L.P., et al., No. 19-3398, 6th Cir., U.S. App. LEXIS 34350).