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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The judge presiding over the California coordinated Pradaxa docket has awarded Boehringer Ingelheim Pharmaceuticals Inc. summary judgment on a plaintiff’s inadequate warning claims, finding they are preempted by federal law.
Design defect and failure-to-warn claims asserted against the makers of generic ibuprofen are preempted by federal law, which prohibits the defendants from altering the drug or its label in any way, an Illinois federal judge has ruled.
A Mississippi federal judge has allowed claims of manufacturing defect and breach of express warranty to proceed against Apollo Endosurgery US Inc. in an intragastric balloon action, finding they are not preempted by federal law because they parallel federal requirements.
A California federal judge has dismissed a majority of the claims in a lawsuit targeting DJO Global Inc.’s walking boot, ruling that the plaintiff must identify which boot model he received, and the existence of a transaction between himself and the defendant manufacturer.
A Louisiana federal judge has awarded Ethicon Inc. summary judgment in a case involving its Proceed Ventral hernia repair patch, ruling that the plaintiff failed to present evidence of a feasible alternative design or that the patch’s construction deviated from design specifications.
A Florida federal judge has dismissed an action targeting NuVasive Inc.’s SpheRx spinal screw system, finding the plaintiff failed to specifically allege how the device was defectively designed or manufactured.
Plaintiffs with Zantac personal injury claims pending have filed a petition for coordination with the U.S. Judicial Panel on Multidistrict Litigation, contending that the litigation, contending that millions of the drug’s consumers have been exposed to dangerous levels of NDMA.
The judge overseeing the federal Zofran birth defect multidistrict litigation docket has refused to bar the testimony of GlaxoSmithKline’s regulatory expert, ruling that she is qualified to opine that the company properly labeled the anti-nausea drug and “appropriately monitored the drug’s safety in pregnancy.”
Mark Behrens of Shook Hardy & Bacon and Ashley Garry of Eli Lilly & Co. discuss the problems with plaintiff lawyer advertisements that target prescription drugs and medical devices for litigation. The authors analyze the new Tennessee and Texas laws and briefly respond to opponents’ claims that regulating misleading lawsuit advertising violates the First Amendment.
A Texas federal judge has dismissed a Boston Scientific pelvic mesh case without prejudice, ruling that the strict liability, breach of warranty and fraud claims were not pled with the requisite specificity to overcome the learned intermediary doctrine and Rule 9(b).