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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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Issue #135, February 2019

FDA Warns of Correlation Between All Breast Implants and Large Cell Lymphoma

The Food and Drug Administration has warned health care providers of an association between all breast implants, regardless of filling or texture, and breast implant associated-anaplastic large cell lymphoma.


DePuy, J&J to Settle 17 Pinnacle Hip Bellwether Cases, Jury in Texas Federal Retrial Dismissed

Johnson & Johnson and subsidiary DePuy Orthopaedics are reportedly willing to settle 17 bellwether Pinnacle metal-on-metal hip implant cases, and a federal jury was dismissed from a multi-plaintiff retrial in Dallas.


GSK Denied Summary Judgment on Preemption Basis in Zofran MDL

A Massachusetts federal judge denied GlaxoSmithKline summary judgment on the basis of preemption in the Zofran MDL, ruling there are questions of fact as to whether the FDA would have rejected a stronger warning regarding the safety of ingesting the drug while pregnant.


Claims Against Supplier of Hip Components Preempted, Idaho Federal Judge Rules

The Biomaterials Access Assurance Act (BAAA) preempts product liability claims against the supplier of component parts used in a hip replacement system that later failed because the defendant was not identified as the manufacturer of the system, an Idaho federal magistrate judge has ruled.


Zimmer Awarded Summary Judgment in N.Y. Gender Solutions Knee System Case

A New York federal judge has awarded Zimmer summary judgment in a lawsuit targeting its Gender Solutions Natural-Knee Flex system, ruling that the allegedly inadequate warnings accompanying the device did not proximately cause the plaintiff’s injuries.


Plaintiff Awarded $3 Million in Cook Medical IVC Filter Case

An Indiana federal jury has awarded a plaintiff $3 million in compensatory damages in a bellwether Cook Medical IVC filter case after determining that the device was defectively designed.


Perspectives: 'Challenging the Plaintiff’s Economic Expert'

Erik W. Legg and Stephanie M. Rippee discuss common issues faced by defense counsel when challenging an opposing party’s expert economist or accountant and provide examples of several approaches to the expert challenge.


St. Jude Spinal Stimulator Case Survives Preemption Defense in Del. Federal Court

A Delaware federal judge has allowed the plaintiffs in a St. Jude spinal stimulator case to amend their failure-to-warn claim, ruling it is not preempted to the extent it alleges failure to notify the Food and Drug Administration of adverse events.


Subsys Overdose Action to Proceed on Design Defect Theory in Ohio

An Ohio federal judge has allowed strict liability design defect claims to proceed in an Insys Subsys overdose action, ruling that they are not impliedly preempted by federal law because they allege more than off-label promotion.


1st Cir. Revives Fraud Claims Against Forest Labs in Celexa, Lexapro Off-Label Marketing Case

A federal appeals court has revived fraud claims accusing Forest Laboratories Inc. of engaging in an aggressive campaign to illegally market two of its antidepressants to children, finding the evidence establishes a question of fact as to whether the alleged scheme caused the plaintiffs to pay for the prescriptions.


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