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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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Boston Scientific IVC Filter Lawsuit to Proceed in Ill. Federal Court

An Illinois federal judge has refused to dismiss a majority of the claims in a Boston Scientific Corp. Greenfield IVC Filter case, ruling the plaintiff adequately alleged the device was defectively designed and manufactured.


Medtronic Gastric Bypass Device Action Survives Dismissal Motion

A Tennessee federal judge has allowed a lawsuit to proceed against Medtronic regarding a gastric bypass device that broke during a procedure, ruling that the plaintiffs have adequately alleged the device was defective and accompanied by inadequate warnings.


Mo. Federal Judge Refuses to Dismiss Medtronic’s Defenses in Aortic Graft Case

A Missouri federal judge has refused to dismiss a majority of Medtronic's affirmative defenses in a wrongful death case accusing it of negligently recommending that a surgeon use the wrong size graft in a patient's aorta during heart surgery.


Strict Liability, Warning Claims to Proceed in Boston Scientific IVC Filter Case

A Florida federal judge has allowed strict liability and failure-to-warn claims to proceed in an IVC filter case, ruling the plaintiff sufficiently alleged that her pulmonary embolism and deep vein thrombosis were caused by the design, manufacture and marketing of the device.


Name Brand Drug Makers Not Liable for Injuries Caused by Generic Counterparts, W. Va. High Court Rules

The West Virginia Supreme Court of Appeals has held that name brand drug makers cannot be held liable for injuries sustained by plaintiffs who only ingested the drug’s generic counterpart.


Plaintiff Opposes Motion for New Trial in Bellwether C.R. Bard IVC Filter Case

The plaintiff who prevailed in the first Bard IVC bellwether case to go to trial has opposed C.R. Bard’s motion for a new trial, arguing the company has failed to show that the $3.6 million verdict was inconsistent.


Plaintiff May not Amend Warranty, Fraud Claims in Lialda Action, Ala. Federal Judge Says

An Alabama federal judge has refused to reconsider his denial of a plaintiffs’ motion to amend breach of warranty and fraud claims in a Lialda kidney damage action, ruling that amendment would be futile because the proposed changes do not cure the claims’ defects.


Plaintiffs Seek Centralization of N.J. Zostavax Injury Cases

Plaintiffs in several Zostavax shingles vaccine cases pending in New Jersey state court have asked the state high court to create a multicounty litigation (MCL) docket for centralized management of the actions, arguing they involve common, recurrent issues of law and fact.


N.J. High Court Creates Multi-County Docket for Abilify Compulsive Behavior Cases

The New Jersey Supreme Court has agreed to create a multi-county litigation docket for pending and future Abilify compulsive behavior cases for centralized management, explaining that the litigation involves common, recurrent issues of law and fact.


Issue #126, May 2018

Putative Class Action Seeks Recovery of Sums Paid for Actos, Says Makers Hid Risks

A California man has filed a lawsuit in federal court against the makers of Actos, seeking damages on behalf of consumers who were allegedly lured into buying the type 2 diabetes drug via a fraudulent marketing program that hid the risk of bladder cancer.


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