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Drugs & Medical Devices

Get ready for the next wave of pharmaceutical litigation with HarrisMartin's Drugs & Medical Devices. This reporter will keep you one step ahead of drug and medical device litigation with in-depth investigations, guest commentaries and objective courtroom coverage on today's and tomorrow's hottest drugs and supplements.


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6th Cir. Upholds Defense Verdict in Depakote Birth Defect Action, Denies Plaintiff’s Request for New Trial

A federal appeals court has upheld a jury verdict and judgment rendered in favor of Abbot Laboratories Corp. in a Depakote birth defect action, rejecting the plaintiff’s assertion that she is entitled to a new trial due to erroneous rulings made by the Ohio trial court.


Pa. Federal Judge Retains Jurisdiction Over 106 Invokana Actions

A Pennsylvania federal judge has refused to remand 106 Invokana cases, concluding that defendants’ removal was timely and that federal jurisdiction exists under the Class Action Fairness Act because plaintiffs seek consolidation of the cases solely for pretrial purposes.


C.R. Bard Inc. Awarded Summary Judgment in Ind. Federal Hernia Patch Action

An Indiana federal judge has awarded the maker of a hernia repair patch summary judgment in a wrongful death action, finding the plaintiffs failed to prove that the allegedly defective patch led to the decedent’s demise.


Manufacturing Defect, Warning Claims Dismissed Without Prejudice in Medtronic SynchroMed II Action

A California federal judge has dismissed without prejudice manufacturing defect, failure-to-warn and breach of warranty claims in a Medtronic SynchroMed II pain pump action, ruling they are preempted and/or inadequately pled.


Negligent Training, Fraudulent Misrepresentation Claims to Proceed in Pa. Federal Essure Action

A Pennsylvania federal judge has allowed portions of negligent training, negligent risk management, express warranty, fraudulent and negligent misrepresentation, and failure to warn claims to proceed against Bayer in an Essure action.


Texas Federal Judge Remands S&N BHR Hip System Action, Says Sales Rep Properly Joined

A Texas federal judge has remanded a lawsuit involving Smith & Nephew’s Birmingham Hip Replacement System, ruling that diversity is lacking because the plaintiffs have adequately alleged that the company’s non-diverse sales representative violated the state product liability act.


N.J. Appeals Court Reinstates Portion of Smith & Nephew Skin Wipes Action, Says Claims Timely

A New Jersey appeals court has reinstated in part a personal injury action involving Smith & Nephew’s protective skin wipes, ruling that to the extent it involves wipes included in the manufacturer’s August 2011 recall, it is timely.


Zimmer Biomet Initiates Class I Recall of Shoulder Implant, Citing High Fracture Rate

Zimmer Biomet has initiated a Class I recall of its Comprehensive Reverse Shoulder due to devices experiencing a higher fracture rate than is stated in the labeling, the Food and Drug Administration has reported.


Plaintiff’s Expert May Testify As to Alleged Design Defect in Orthofix LRS Fixator, Ill. Federal Judge Rules

An Illinois federal judge has refused to exclude the proposed opinion and testimony of a plaintiff’s expert in an Orthofix LRS fixator action, ruling that the expert is qualified to testify as to whether there was a design defect in the device.


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.


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