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.



Current Issue

Ala. Federal Judge Allows Plaintiff to Amend Jardiance Failure-To-Warn Claims

An Alabama federal judge has dismissed a lawsuit accusing Boehringer Ingelheim Pharmaceuticals Inc. of failing to warn that its type 2 diabetes drug Jardiance can cause diabetic ketoacidosis, explaining the plaintiff did not make it clear whether there was newly-available information that would require an updated warning label.

Mo. Federal Judge Remands Multi-Plaintiff Risperdal Action to State Court

A Missouri federal judge has remanded a multi-plaintiff Risperdal action to state court for lack of diversity jurisdiction, ruling that the non-diverse plaintiffs' claims were not fraudulently joined because "common issues of law and fact" connect the claims.

Supreme Court Refuses to Review 9th Cir.’s Reinstatement of Remicade Cancer Suit

The U.S. Supreme Court has refused to review a federal appeals court’s reinstatement of a case against Teva Pharmaceuticals USA Inc. in which plaintiffs allege their son’s cancer was caused by combining Purinethol with Remicade and Humira.

Eliquis MDL Judge Dismisses 74 Cases as Preempted by Federal Law

The New York federal judge overseeing the Eliquis multidistrict litigation docket has dismissed 74 actions, ruling that the claims are preempted because the defendants were barred by federal law from unilaterally changing the Eliquis label to include additional warnings.

Defendants’ Motion for Summary Judgment Denied in Abilify Impulsive Behavior Litigation

The Florida federal judge overseeing the Abilify coordinated federal docket has denied defendants’ motion for summary judgment, finding plaintiffs have demonstrated that a question of fact exists as to whether the antipsychotic drug can cause impulsive behaviors, such as gambling.

N.J. Appellate Court Upholds Summary Judgment Award to Bard, Davol in Hernia Mesh Case

A New Jersey appellate court has upheld an award of summary judgment to the makers of a polypropylene hernia repair mesh device, agreeing with the trial court that the plaintiff failed to present expert testimony that the device was defective and caused his injuries.

Design Defect Claim to Proceed Against Makers of Medical-Imaging Dye in N.J. Federal Case

A New Jersey federal judge has allowed a design defect claim to proceed against the maker of a medical-imaging dye, finding there are questions of fact as to whether the plaintiff knew as early as 2009 that his injuries were caused by the product, yet waited more than two years to file suit.

NuVasive Awarded Summary Judgment in La. Federal Spinal Fixation Lawsuit

Manufacturing defect claims asserted against NuVasive in connection with its spinal fixation system are time-barred under Louisiana’s one-year limitations period because the plaintiff was on notice of his claim as early as Jan. 12, 2015, but waited until Feb. 10, 2016, to file suit.

Negligent Manufacturing Claim to Proceed in Fla. Mentor MemoryGel Breast Implant Case

A Florida federal judge has held that the majority of claims in a Mentor MemoryGel silicone breast implant case are preempted, but he allowed the negligent manufacturing claim to proceed because it seeks to enforce state laws that parallel federal regulations.

Failure-To-Warn, Punitive Damages Claims to Proceed in Bellwether Bard IVC Filter Case

An Arizona federal judge has denied C.R. Bard’s motion for summary judgment in an IVC filter bellwether case, finding the plaintiffs have adequately alleged the company failed to adequately warn of the risks of device fractures.

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