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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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Bayer, Janssen Agree to Pay $775 Million to Settle Xarelto Litigation

The Louisiana federal judge overseeing the Xarelto multidistrict litigation docket stayed all cases following an announcement that Bayer and Janssen Pharmaceuticals will pay $775 million to settle the lawsuits.


Ill. Judge Orders Briefing in Lupron Case on Timeliness, Liability Issues

An Illinois federal judge has ordered briefing in a Lupron injury case on the issues of whether the claims against Abbott Laboratories and AbbVie Inc. are timely and the roles of those defendants in the manufacturing and development of the endometriosis drug.


Summary Judgment Award to Genentech Ends Herceptin MDL

An Oklahoma federal judge has awarded Genentech Inc. summary judgment on claims that it misrepresented the amount of its breast cancer drug Herceptin (trastuzumab) in each vial, bringing the multidistrict litigation to a close.


Issue #136, March 2019

Cormet Hip Lawsuit Dismissed on Preemption Grounds; Plaintiffs Granted Leave to Amend

Claims filed against the manufacturers of a Cormet hip system are impliedly and expressly preempted because they are based upon state law requirements that do not parallel federal regulations, or impermissibly seek to enforce duties owed to the FDA, a Florida federal judge has ruled.


FDA Sends Warning Letters to Silicone Breast Implant Makers Mentor, Sientra

The Food and Drug Administration has issued warnings to two silicone gel-filled breast implant manufacturers for failure to conduct post-approval studies to assess the long-term safety and risks of their products.


Fla. Federal Judge Retains Jurisdiction Over Cormet Hip System Case

A Florida federal judge has refused to remand a Cormet metal-on-metal hip system case to state court, ruling that defendant Corin USA Limited’s principal place of business is in England, not Florida, and therefore diversity jurisdiction exists.


Federal Question Jurisdiction Lacking in Artificial Lens Case, N.Y. Federal Judge Rules

A New York federal judge has sent an artificial lens implant case to state court, ruling that the exercise of federal question jurisdiction over the plaintiff’s state law claims would disrupt the federal-state balance contemplated by Congress under the Medical Device Amendments.


N.Y. Federal Judge Allows Expert Testimony in Howmedica Hip Action

The plaintiff in a Howmedica Osteonics Corp. hip implant case may present expert testimony despite having failed to meet discovery deadlines, because such testimony is critical to her claims, a New York federal judge has ruled.


Federal Court Lacked Jurisdiction Over Essure Case, 4th Cir. Rules, Reinstating Action

The 4th Circuit U.S. Court of Appeals has reinstated an Essure birth control case, ruling that the federal district court that dismissed the case on preemption grounds lacked jurisdiction because the claims did not “necessarily raise” disputed federal issues as required by 28 U.S.C. § 1441.


Learned Intermediary Doctrine Applies to Birth Control Devices, Neb. Federal Judge Rules

A Nebraska federal judge has dismissed a lawsuit accusing the maker of an intrauterine birth control device of failing to adequately warn a patient that it could break or become embedded in the uterus, a Nebraska federal judge has held, ruling that the learned intermediary doctrine applies to contraceptive devices.


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