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.



Issue #139, June 2019

Bair Hugger Warming Case Stayed Pending Possible Transfer to MDL Docket

A Missouri federal judge has stayed a Bair Hugger warming device action pending possible transfer to the federal multidistrict litigation docket, ruling that without a stay, defendants could be subject to duplicative litigation and inconsistent rulings.

Texas Court Reinstates Claims Accusing Hospital of Failing to Remove Recalled Device from Inventory

A Texas appeals court has reinstated claims accusing a hospital of negligently allowing a recalled medical device to be implanted in a patient, finding the plaintiff’s expert is qualified to opine as to hospital procedures and protocols.

Mo. Federal Judge Transfers DePuy Knee Replacement Case to Kansas

A Missouri federal judge has transferred a DePuy knee replacement action to Kansas, ruling that the claims do not have sufficient connections to Missouri and therefore specific jurisdiction is lacking.

Ill. Federal Judge Dismisses Knee Implant Lawsuit Against Smith & Nephew, Zimmer

An Illinois federal judge has dismissed a lawsuit accusing Smith & Nephew and Zimmer Inc. of defectively designing and manufacturing artificial knee components, ruling that the plaintiff failed to sufficiently allege how the defects caused her injuries.

Atrium Hernia Repair Patch Case to Proceed in N.M. Federal Court

A New Mexico federal judge has refused to dismiss a hernia repair patch case, allowing the plaintiff to conduct jurisdictional discovery on whether defendant Maquet Cardiovascular LLC controls the device’s manufacturer, Atrium Medical Corp.

Illinois Courts May Hear Multi-Plaintiff Essure Case, Appellate Court Affirms

Illinois courts have jurisdiction over Bayer Corp. in a multi-plaintiff Essure birth control case because the claims arose, at least in part, from the company’s contacts with the state, an Illinois appellate court has affirmed.

Conn. Appeals Court Upholds Summary Judgment Award to Titanium Rod Makers

A trial court properly awarded summary judgment to the makers of titanium rods on design defect and breach of warranty claims, because the plaintiff failed to present expert testimony supporting his allegations, a Connecticut appeals court has ruled.

Parties Agree to Dismissal with Prejudice of Wright Knee Replacement Lawsuit

A plaintiff has agreed to dismissal of her Utah federal lawsuit accusing Wright Medical Technology Inc. of fraudulently concealing the dangers of its Profemur metal-on-metal hip system, according to a recent filing.

High Court Declines to Review 7th Cir. Preemption Ruling in Paxil Suicide Case

The U.S. Supreme Court has declined to review a federal appellate panel’s determination that claims accusing GlaxoSmithKline of failing to strengthen Paxil’s warning label are preempted by federal law.

Smith & Nephew Parent Corporation Dismissed from Miss. Federal Hip Implant Action

A Mississippi federal judge has dismissed Smith & Nephew Inc.’s parent company from a hip replacement action for lack of jurisdiction, finding that it had no role in the design or sale of the device’s components.

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