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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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Calif. Woman Sues Allergan, Says IBS Drug Viberzi Caused Her Pancreatitis

A California woman who developed pancreatitis after ingesting Viberzi to treat her irritable bowel syndrome has sued Allergan Inc., accusing it of failing to warn doctors of the drug’s propensity to cause pancreatitis in people without a gallbladder.


Product Liability Claims Dismissed in Bair Hugger Infection Case; Consumer Protection Claims Survive

A Minnesota federal judge has dismissed claims of design and manufacturing defect, negligence and breach of warranty in a case alleging infection caused by a Bair Hugger warming device, ruling they are subsumed by the Ohio Products Liability Act.


Product Liability Claims to Proceed Against Davol, Bard in Davol Dulex Hernia Mesh Case

There is a question of fact as to whether product liability claims in a Davol Dulex hernia mesh case are time-barred, a Tennessee federal judge has ruled, because it is unclear whether the plaintiff knew of the defendants’ alleged wrongful conduct within a year of the device’s removal.


Manufacturing Defect, Warning Claims Survive Dismissal Motion in Profemur Hip Case

A Connecticut federal judge has allowed a manufacturing defect and failure to warn claims to proceed in a Wright Profemur Z hip case, finding the plaintiffs adequately alleged that the device did not meet industry standards and was not accompanied by adequate warnings.


Manufacturing Defect, Negligence Claims to Proceed in Allergan Silicone Breast Implant Case

A Missouri federal judge has allowed a lawsuit to proceed against Allergan Inc. and NuSil Technology Inc. in a silicone breast implant case, ruling that, as pled, the negligence and manufacturing defect claims are not preempted because the plaintiffs have alleged a defect or flaw in the manufacturing process.


46 Biomet M2a Hip Implant Cases Remanded to Plaintiffs’ Home Districts

The judge overseeing the Biomet M2a hip multidistrict litigation docket has transferred 46 cases to the plaintiffs’ home districts, explaining that those actions will no longer benefit from pretrial proceedings.


Design Defect, Warning Claims Dismissed as Preempted in Cormet Hip Case; Plaintiffs May Amend

Design defect and failure-to-warn claims asserted against Corin Group in a case involving its Cormet System hip replacement device are preempted because they seek to impose state law regulations that do not parallel federal law, a Florida federal judge has ruled.


Calif. Mentor MemoryGel Silicone Breast Implant Lawsuit Sent to State Court

A California federal judge has remanded a Mentor silicone breast implant case to state court, ruling that the plaintiffs have asserted viable claims against a California defendant, destroying diversity.


8th Cir. Upholds Sanctions Against Attorney for Relitigating Discovery Rulings in Enbrel Case

A federal appeals court has upheld a Nebraska federal judge’s imposition of $25,665 in sanctions against a plaintiff’s attorney in an Enbrel action on the basis that the lawyer ignored or re-litigated the court’s discovery rulings and disregarded the proper procedures for objections and appeals.


Minn. Federal Judge Dismisses St. Jude Heart Valve Case, Says Claims Preempted

A Minnesota federal judge has dismissed a St. Jude Medical mechanical heart valve action with prejudice, saying the claims are expressly preempted because they seek to impose state law requirements that are “in addition to, or different from” federal law.


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