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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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9th Cir. Upholds Judgment Against C.R. Bard in IVC Filter Case

A federal appellate court has upheld a trial court’s judgment in favor of a plaintiff in a Bard IVC filter action, ruling that C.R. Bard Inc.’s preemption argument failed because the plaintiff’s claim was based upon a state law duty to warn, and the FDA had not imposed any requirements related to the design or labeling of the device.


Woman Alleges Bladder Cyst Drug Elmiron Caused Eye Damage

A Tennessee woman has sued several drug makers in New Jersey federal court, accusing them of failing to warn that the bladder cyst drug Elmiron (pentosan polysulfate), can cause retinal damage and maculopathy, leading to impaired vision.


Allergan Says Biocell Breast Implant Claims Preempted, Moves for Dismissal

Allergan Inc. and Allergan USA Inc. has asked the New Jersey federal judge overseeing the Biocell textured breast implant MDL to dismiss plaintiffs’ claims on preemption grounds.


Action Targeting Injectafer Iron Replacement Drug to Proceed in Pa. Federal Court

A Pennsylvania federal judge has allowed claims of negligence and gross negligence to proceed in an Injectafer case, finding the plaintiffs sufficiently alleged defendants negligently failed to test the iron replacement drug and were aware of its risks “but didn’t care.”


Artificial Disc Case with Ties to Germany Belongs in Calif., Judge Rules

An action targeting an artificial disc replacement device that was implanted in Germany belongs in California, a state judge has ruled, because the device was manufactured in that state, the parties are California citizens, and the alleged injuries and revision surgery took place in California.


JPML Refuses to Create 5th MDL Proceeding for Covidien Hernia Mesh Products

The Judicial Panel on Multidistrict Litigation has refused to consolidate actions alleging injuries caused by Covidien hernia mesh products, explaining there are alternatives to centralization available for management of the small number of pending federal cases.


JPML Consolidates Profemur Hip Cases, Taps Ark. Federal Judge to Oversee Docket

The Judicial Panel on Multidistrict Litigation created a federal docket for cases involving hip devices consisting of a Profemur total hip implant modular femoral neck coupled with a modular titanium Profemur femoral stem.


Ill. Federal Judge Remands Essure Case, Says Bayer Sales Rep Fraudulently Joined

An Illinois federal judge has remanded an Essure case to state court, ruling that a nondiverse sales representative was fraudulently joined because the plaintiff has no “reasonable possibility of success” on her negligent misrepresentation claim against that defendant.


Remote Depositions Warranted During COVID-19 Pandemic, Minn. Federal Judge Rules

A Minnesota federal judge has upheld a magistrate judge’s ruling that depositions in a patent infringement case should be conducted remotely, rather than in-person, given “the indisputable health risks connected with travel and in-person gatherings during the COVID-19 pandemic.”


N.J. Federal Judge Dismisses Boston Scientific IVC Filter Case Without Prejudice

A federal judge has dismissed without prejudice a lawsuit targeting Boston Scientific Corp.’s IVC filter, ruling that the plaintiff failed to plead his claims in accordance with the guidelines set by the New Jersey Product Liability Act.


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