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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In answering a question certified by a federal appeals court, the New Jersey Supreme Court has ruled that claims for express or affirmative misrepresentations under the state Consumer Fraud Act may be brought simultaneously with claims under the New Jersey Product Liability Act.
A California federal judge has refused to reconsider his award of summary judgment to Otsuka America Pharmaceutical Inc. in an Abilify action, ruling that the plaintiff failed to present new evidence that the antipsychotic drug’s warning label was inadequate.
A Georgia federal judge has allowed a Biomet hip replacement action to proceed to trial on theories of failure to warn, design defect, and negligence, ruling that the plaintiff has adequately proved causation via expert testimony.
Issue #152, July 2020
An Idaho judge has dismissed a lawsuit targeting the asthma drug Brethine, ruling that Novartis’ marketing efforts directed toward the state are not sufficient to establish personal jurisdiction because they took place seven years before the plaintiff was prescribed the drug.
New Jersey has designated state court litigation alleging injuries due to implantation of Allergan Biocell Textured Breast Implants as a multicounty litigation, according to a notice sent to the bar recently.
A California state court is scheduled to oversee a hearing on whether to create a state-level coordinated docket for claims relating to Allergan BIOCELL Textured Breast Implants, with the motion hearing scheduled next week.
The Nations Law Firm has refuted Cook Medical Inc.’s accusation that it has been continually filing no-injury/product-in-place cases in an attempt to receive some payment in settlement, saying the manufacturer’s position is grounded in “conspiracy theories and alternate reality allegations.”
An Arkansas federal judge has denied defendants’ motion for summary judgment in an Ethicon pelvic mesh device case, ruling there are questions of fact as to whether the plaintiff’s surgeon was adequately warned of the risks.
A Louisiana federal judge has dismissed a potential Taxotere (docetaxel) bellwether case with prejudice, ruling that the claims are time-barred because the plaintiff waited more than a year before filing suit after learning of a possible connection between the chemotherapy drug and her permanent hair loss.
A Pennsylvania federal judge has denied Zimmer’s motion for summary judgment, allowing a lawsuit targeting the manufacturer’s uni-modular hip implant to proceed to a bifurcated trial.