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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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Bard Awarded Summary Judgment on Timeliness Grounds in 3rd Bellwether IVC Filter Case

An Arizona federal judge has awarded C.R Bard Inc. summary judgment in the third bellwether case on the Bard IVC filter multidistrict litigation docket, ruling that the plaintiff’s claims are barred by Nebraska’s statute of limitations.


Failure-To-Warn Claim Involving St. Jude Riata Leads Survive Preemption Analysis in Pa.

A claim accusing St. Jude Medical Inc. of failing to report adverse events involving its Riata defibrillation leads to the Food and Drug Administration are not expressly preempted because they seek to impose state law regulations that parallel federal law, a Pennsylvania federal judge has ruled.


FDA Orders Fluoroquinolone Makers to Warn of Blood Sugar Decrease, Mental Health Risks

The Food and Drug Administration says it has ordered the makers of fluoroquinolone antibiotics to change the drugs’ labeling to add warnings of significant decreases in blood sugar and certain mental health side effects.


Lawsuit Involving Chemotherapy Drug Tasigna to Proceed Against Novartis in Fla. Federal Court

A Florida federal judge has allowed failure-to-warn claims to proceed in a Tasigna action, finding they are not preempted because it is not clear whether the FDA would have approved a change to the chemotherapy drug’s label to warn of the risk of stroke.


Tenn. Federal Hip Implant Case to Proceed to Discovery on Timeliness Issue

A Tennessee federal judge has allowed a hip implant case to proceed against Exactech Inc., ruling that questions of fact exist as to whether an exception to the applicable statute of repose applies, namely, whether the manufacturer provided the surgeon with a written warranty.


Ohio Federal Judge Stays Ventralight Hernia Mesh Case Pending JPML Ruling

An Ohio federal judge has granted C.R. Bard Inc.’s request to stay a Venralight hernia mesh action pending a federal panel’s decision to create a multidistrict litigation docket for arising from the defendant’s hernia mesh products.


Abilify Makers Prevail on Failure-To-Warn Claims in W. Va. Federal Court

A West Virginia federal judge has awarded the makers of Abilify judgement on the pleadings, ruling that the antipsychotic drug’s label adequately warned of the risk of tardive dyskinesia.


Ill. Federal Judge Vacates $150 Million Verdict in Bellwether Testosterone Replacement Therapy Case

An Illinois federal judge has ordered a new trial in the second bellwether case involving AbbVie’s AndroGel testosterone replacement drug, finding the jury’s verdict for AbbVie on the plaintiff’s strict liability claim was inconsistent with its finding for the plaintiff on the negligence claim.


11th Cir. Upholds Dismissal of Howmedica Restoration Hip Action

A federal appeals court has upheld dismissal of a Howmedica Restoration hip implant action, finding the plaintiff inadequately pled her claims of manufacturing defect, failure-to-warn, and negligence.


Fraud, Negligent Misrepresentation Claims Tossed in Boston Scientific IVC Filter Case

A Florida federal judge has dismissed with prejudice claims of fraudulent misrepresentation and fraudulent concealment in an IVC filter case, ruling the plaintiff failed to plead the claims with the specificity required by Rule 9(b).


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