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Mealey's Drugs & Devices

  • October 16, 2019

    Oklahoma State Judge Admits He Made Math Error In Part Of Opioid Verdict

    NORMAN, Okla. — The Oklahoma federal judge overseeing the state’s opioid trial against Johnson & Johnson on Oct. 15 acknowledged that he made a mathematical error when calculating his $572 million judgment (Oklahoma v. Purdue Pharma L.P., No. CJ-2017-816, Okla. Dist., Cleveland Co.).

  • October 16, 2019

    Mass Tort Cases For Drugs, Medical Devices

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

  • October 16, 2019

    Expert’s Affidavit Doesn’t Save Vein Device Injury Case

    ALLENTOWN, Pa. — A Pennsylvania federal judge on Oct. 8 dismissed with prejudice a Perclose vein closure device injury lawsuit in part because an affidavit filed by a purported plaintiff expert did not qualify as a “written instrument” as defined by Federal Rules of Civil Procedure (Andrea Irizarry, et al. v. Abbott Laboratories, et al., No. 18-4232, E.D. Pa., 2019 U.S. Dist. LEXIS 177566).

  • October 16, 2019

    6th Circuit Rejects Appeal That Midazolam In Executions Is An Unconstitutional Use

    COLUMBUS, Ohio — A panel of the Sixth Circuit U.S. Court of Appeals on Sept. 11 affirmed a federal trial court’s decision denying a stay of execution for an Ohio prisoner who says the state’s use of the sedative midazolam would cause an unconstitutionally cruel and unusual execution (In Re:  Ohio Execution Protocol Litigation [Bennie Adams, et al. v. Mike DeWine, et al.], No. 19-3064, 6th Cir.).

  • October 16, 2019

    6 Defendants Remain For Oct. 21 Opioid MDL Bellwether Trial

    CLEVELAND — Barring any last-minute settlements, on Oct. 21 six opioid defendants will face claims by two Ohio counties in the opioid multidistrict litigation that their distribution of opioids precipitated a public health addiction crisis (In Re:  National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-md-2804, N.D. Ohio, Eastern Div.).

  • October 15, 2019

    Judge Finds That Allegations That Services Constitute Kickbacks Are Insufficient

    CHICAGO — A federal judge in Illinois on Sept. 30 dismissed without prejudice a registered nurse’s lawsuit contending that the Ambassador Program implemented by AbbVie Inc. and Abbott Laboratories Inc. as part of its promotion of Humira violates the False Claims Act (FCA), finding that the plaintiff’s allegations do not establish that services provided to physicians as part of the program constitute kickbacks (United States, ex rel. Lazaro Suarez v. AbbVie Inc. et al., No. 15 C 8928, N.D. Ill., 2019 U.S. Dist. LEXIS 169090).

  • October 15, 2019

    Mentor Silicone Gel Breast Implant Claims Are Dismissed As Preempted

    KANSAS CITY, Kan. — A Kansas federal judge on Sept. 23 dismissed with prejudice two plaintiffs’ claims against silicone breast implant maker Mentor Worldwide LLC after finding that none of the plaintiffs’ claims parallels federal regulations and that the claims are preempted by federal law (Amber Books, et al. v. Mentor Worldwide, LLC, No. 19-2088, D. Kan., 2019 U.S. Dist. LEXIS 161820).

  • October 15, 2019

    Bacteria-Exposed Heart Patients Will Get 5 Years’ Free Medical Monitoring

    HARRISBURG, Pa. — Heart surgery patients who were possibly exposed to a latent bacterial infection allegedly caused by the Sorin 3T heater-cooler device will receive five years of free medical monitoring by the hospitals, according to a settlement agreement filed Oct. 11 in a Pennsylvania federal court (Edward Baker, et al. v. Sorin Group USA, Inc., No. 16-260, M.D. Pa.).

  • October 15, 2019

    9th Circuit:  Leaking Silicone Breast Implant Does Not Show FDA Violation

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Oct. 11 affirmed summary judgment in a silicone gel breast implant case, agreeing with a lower court that the plaintiff failed to raise a dispute of material fact that the manufacturer violated federal requirements or a parallel state requirement that escapes preemption (Nicole Weber v. Allergan, Inc., No. 18-15212, 9th Cir., 2019 U.S. App. LEXIS 30484).

  • October 14, 2019

    United States Asks Court To Delay Restitution Order For Opioid Maker Insys

    BOSTON — The U.S. Justice Department on Oct 1 asked the U.S. District Court for the District of Massachusetts to defer a restitution order for opioid manufacturing defendant Insys Therapeutics Inc. until at least Jan. 10 (United States v. Insys Therapeutics, Inc., et al., No. 19-cr-10191, D. Mass.).

  • October 14, 2019

    Opioid MDL Judge Quickly Denies Teva’s Motion For Bellwether Trial Severance

    CLEVELAND — On the same day it was filed, the Ohio federal judge overseeing the opioid multidistrict litigation on Oct. 11 denied Teva Pharmaceuticals USA Inc.’s motion to sever it from the Oct. 21 bellwether trial because it won’t have enough time to differentiate between its subsidiaries and other nonmanufacturing defendants (In Re:  National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-md-2804, N.D. Ohio).

  • October 14, 2019

    Oklahoma:  Judge Didn’t Add Extra Zeros To $572M Opioid Abatement Verdict

    NORMAN, Okla. — The Oklahoma attorney general on Oct. 10 urged a state court judge to enter his judgment of $572 million against Johnson & Johnson for the first year of the state’s opioid abatement plan and to deny the defendant’s motion for a new trial (Oklahoma v. Purdue Pharma, et al., No. CJ-2017-816, Okla. Dist., Cleveland Co.).

  • October 14, 2019

    Elizabeth Holmes’ Lawyers Want Out For Lack Of Payment In Theranos Class Action

    PHOENIX — The law firm for former Theranos Inc. CEO Elizabeth Holmes on Sept. 30 asked an Arizona federal court for permission to withdraw as defense counsel because it has not been paid for more than a year and has “no expectation that Ms. Holmes will ever pay it for its services as her counsel” (In Re:  Arizona Theranos, Inc., Litigation, No. 16-2138, D. Ariz.).

  • October 11, 2019

    4th Circuit Dismisses New Pelvic Mesh Common Benefit Fee Appeal

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on Oct. 9 dismissed without an opinion yet another challenge by a plaintiffs’ law firm to common benefit awards made by the federal court overseeing seven pelvic mesh multidistrict litigations (Mazie Slater Katz & Freeman, No. 19-1943, 4th Cir.).

  • October 11, 2019

    6th Circuit Panels Deny Mandamus Petitions To Stop Oct. 21 Opioid MDL Trial

    ATLANTA — The Sixth Circuit U.S. Court of Appeals on Oct. 10 denied two last-minute attempts to stop the Oct. 21 opioid multidistrict litigation bellwether trial, one on the basis of parens patriae by the state of Ohio and one by defendants who claim that the MDL judge is biased (In Re:  State of Ohio, No. 19-3827, In Re:  AmerisourceBergen Drug Corporation, et al., No. 19-3935, 6th Cir.).

  • October 10, 2019

    Split 11th Circuit Panel Affirms $2.4M Award In Mentor Pelvic Mesh Case

    ATLANTA — In a “close” 2-1 ruling, an 11th Circuit U.S. Court of Appeals panel on Oct. 8 affirmed a $2.4 million compensatory/punitives judgment in a Mentor Corp. pelvic mesh multidistrict litigation bellwether trial (Teresa Taylor v. Mentor Worldwide LLC, et al., No. 16-17147, 11th Cir., 2019 U.S. App. LEXIS 30159).

  • October 09, 2019

    Pennsylvania Jury Awards $8B In Punitives In Risperdal Gynecomastia Trial

    PHILADELPHIA — Free to do so after a state appeals court ruling, a Pennsylvania state court jury on Oct. 8 ordered Johnson & Johnson and subsidiary Janssen Pharmaceuticals Inc. to pay a Maryland man $8 billion in punitive damages in a Risperdal gynecomastia case (Nicholas Murray v. Janssen Pharmaceuticals Inc., et al., No. 130401990, Pa. Comm. Pls., Philadelphia Co.).

  • October 08, 2019

    MDL Sought For Suits Alleging Lymphoma Caused By Allergan’s Recalled Biocell Breast Implants

    WASHINGTON, D.C. — Three plaintiffs on Oct. 3 asked a federal judicial panel to centralize five lawsuits in which plaintiffs allege that Biocell textured breast implants made by Allergan PLC cause breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) (In Re:  Allergan Biocell Textured Breast Implant Litigation, MDL Docket No. 2921, JPMDL).

  • October 02, 2019

    Opioid MDL Gives Defense Some Jury Info For Possible Motion To Stay Trial

    CLEVELAND — The Ohio judge presiding over the opioid multidistrict litigation on Sept. 27 allowed defendants in an upcoming bellwether trial to receive some information about prospective jurors that the defendants say they intend to use to seek a stay of the Oct. 21 trial (County of Summit, Ohio, et al. v. Purdue Pharma L.P., et al., No. 18-op-45090, County of Cuyahoga v. Purdue Pharma L.P., et al., No. 18-op-45004, N.D. Ohio, Eastern Div., 2019 U.S. Dist. LEXIS 167387).

  • October 02, 2019

    Connecticut State Judge Affirms $542,465 Pradaxa Verdict, Adds $1 In Punitives

    HARTFORD, Conn. — A Connecticut state court judge on Sept. 11 denied post-verdict defense motions in a Pradaxa blood thinner injury trial and granted the plaintiff’s motion for punitive damages but awarded only $1 for attorney fees (Eugene Roberto v. Boehringer Ingelheim Pharmaceuticals, Inc., et al., No. CV16-6068484S, Conn. Super., Hartford).