PUBLICATION

MDL Mass Tort & Class Action Monitor

Developed to serve primarily as a litigation scouting report for plaintiff and defense counsel, insurers and legal service providers, HarrisMartin’s MDL Mass Tort & Class Action Monitor covers significant new filings and decisions in the JPML, MDL and related mass tort arenas. The quick delivery of breaking news and additional features will keep you within close range of every development occurring in the high-stakes environment of mass torts litigation — where minutes can make a difference. The MDL Mass Tort & Class Action Monitor is an online-only offering that includes frequent email updates and is available at no charge to annual and event sponsors of HarrisMartin’s CLE Conferences.


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Issue #4, March 2017

Braun, Aesculap’s Allegedly Defective IVC Filter Caused Death, New N.C. Lawsuit Says

The widow of a man who had been implanted with an allegedly defective VenaTech LP IVC filter has sued the makers of the device, claiming they knew it was defectively designed and unsafe, yet did not warn doctors that it could fracture and migrate, causing injury and death.


FDA Investigating Increased Cardiac Events In Patients Implanted With Abbott Vascular Scaffold

The Food and Drug Administration has notified health care providers that there is an increased rate of major adverse cardiac events observed in patients who were implanted with Abbott Vascular Inc.’s Absorb GT1 Bioresorbable Vascular Scaffold (BVS) during heart surgery.


IBS Drug Viberzi Should Be Avoided in Patients With No Gallbladder, FDA Warns

The Food and Drug Administration has warned that Allergan’s irritable bowel syndrome drug Viberzi (eluxadoline) should not be used in patients who do not have a gallbladder, because those patients have an increased risk of developing serious pancreatitis that could lead to hospitalization or death.


Benicar MDL Judge Orders Plaintiffs’ Experts to Produce Redacted Medical Records

A New Jersey federal judge has ordered two plaintiffs’ experts to produce redacted medical records they considered in forming their opinions that Benicar causes gastrointestinal injuries, holding that parties must disclose all information provided to their experts for consideration in the experts’ reports.


Medtronic Recalls SynchroMed Pain Pumps Due to Software Problem Leading to Possible Overdose

Medtronic is recalling its SynchroMed Implantable Infusion Pain Pumps on the basis that a software problem may cause unintended delivery of drugs into the patient’s spine during a priming bolus procedure, according to a Food and Drug Administration alert.


Plaintiff Asserting Birmingham Hip Resurfacing, R3 Metal-on-Metal Liner Claims Opposes Creation of MDL

A plaintiff with claims pending against Smith & Nephew has opposed plaintiff efforts to create a multidistrict litigation docket for Birmingham Hip Resurfacing and R3 Metal-on-Metal Liner cases, contending that her claims have nothing to do with the BHR system and “only remotely relate to the R3 liner.”


Newly Introduced Bill Calls for Significant Class Action, MDL Reforms

The Chairman of the House Judiciary Committee has introduced a bill that imposes significant class action reforms, including requiring plaintiffs seeking to proceed under Rule 23 to prove that each proposed class member suffered the same type and scope of injury as the named class representative.


Plaintiffs Ask Judicial Panel to Create MDL for Physiomesh Hernia Repair Product

Plaintiffs who have filed numerous federal lawsuits alleging injury caused by the synthetic hernia repair product Physiomesh are asking the Judicial Panel on Multidistrict Litigation to create a consolidated docket for the cases.


Issue #3, February 2017

Judicial Panel to Decide Motion to Transfer Generic Drug Pricing Antitrust Cases to Coordinated MDL Docket in Pa.

The Judicial Panel on Multidistrict Litigation has indicated that it will consider a motion to transfer nearly a dozen generic drug price-fixing cases filed in New York and New Jersey to an MDL docket of similar cases that was established last year in Pennsylvania.


MDL Petitions for Hip Devices, 3T Heater-Cooler, Mirena & Farxiga to be Heard Next Month in Phoenix

The JPML has issued its schedule for the upcoming hearing session in Phoenix, indicating it will consider motions to create MDL dockets for federal cases involving injuries allegedly caused by Farxiga, Mirena, 3T Heater-Cooler Systems and hip implant components manufactured by Stryker and Smith & Nephew.


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