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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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JPML Asked to Create Federal Docket for Elmiron Eye Damage Cases

Plaintiffs who allege the bladder cyst drug Elmiron causes eye damage have asked the Judicial Panel on Multidistrict Litigation to create a consolidated federal docket for the actions, arguing that they involve overlapping facts and issues.


Zimmer Awarded Summary Judgment in Pa. Federal NexGen Knee Case

A Pennsylvania federal judge has awarded Zimmer Inc. summary judgment in an action targeting its NexGen RHK knee replacement system, ruling that the plaintiffs’ failure to present expert testimony to back their claims that the device is defective doomed their case.


Comment k Bars Strict Liability Claims, Pa. Federal Judge Rules in Pelvic Mesh Case

A Pennsylvania federal judge has awarded Ethicon and Johnson & Johnson summary judgment on strict liability claims in a pelvic mesh action, ruling that such claims are barred by comment k to § 402A of the Restatement (Second) of Torts.


GSK Must Pay Majority of Own Costs in Paxil Suicide Case, Ill. Federal Judge Rules

An Illinois federal judge has ruled that GlaxoSmithKline must bear the majority of its own costs in a Paxil suicide case following vacatur of a $3 million plaintiff’s verdict, awarding the drug maker only $366 per an appellate court mandate.


Calif. Man Says Merck Misled Public as to Risks, Efficacy of Gardasil Vaccine

A California man has accused Merck & Company Inc. of misleading doctors, consumers and the Food and Drug Administration about the efficacy and safety of Gardasil, alleging he sustained permanent injuries after receiving multiple injections of the human papillomavirus vaccine.


5th Cir. Asked to Reinstate Case Alleging Link Between Antibiotics, Peyronie’s Disease

A Texas man has asked the 5th Circuit U.S. Court of Appeals to reinstate his lawsuit alleging that his ingestion of certain popular antibiotics caused him to develop a penis condition known as Peyronie’s disease.


Design Defect, Warning Claims to Proceed in Bellwether Bard Hernia Mesh Action

An Ohio federal judge has denied defendants’ motion for summary judgment on design defect and failure-to-warn claims in the first bellwether Bard hernia mesh case set for trial, finding the plaintiff presented evidence of a feasible alternative design, and adequately alleged that his surgeon was not sufficiently warned of the device’s risks.


The “Preventing Essential Medical Device Shortages Act of 2020”: A COVID-19 Side Effect That Could Permanently Harm Medical Device Manufacturers

Heather Heiskell and James E. Simon of Spilman Thomas & Battle note that in response to the COVID-19 pandemic, the FDA has identified certain areas where it is concerned that medical device manufacturers are under-regulated. Certain members of Congress have responded by introducing a Senate bill that would have permanently damaging side effects on all medical device manufacturers of products deemed “essential.”


Inadequate Warning Claim Survives Dismissal Motion in Smith & Nephew Hip Case

An Ohio federal judge has allowed an inadequate warning claim to proceed against Smith & Nephew in a case targeting its Verilast hip replacement device, ruling that the plaintiff has adequately pled that the manufacturer knew or should have known that the product was unsafe, but failed to warn his surgeon.


Biomet M2a Magnum Hip Action Proceeds to Trial on Design Defect Theory

A Missouri federal judge has denied Biomet Inc. summary judgment in a M2a Magnum hip implant case that has been set for trial, ruling that expert testimony created a genuine dispute of fact as to whether the plaintiffs’ injuries were caused by a design defect in the M2a Magnum.


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