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.



Current Issue

Neb. Woman Challenges Ruling that Learned Intermediary Applies to Birth Control Devices

A Nebraska woman has asked the 8th Circuit U.S. Court of Appeals to review a federal judge’s ruling that the learned intermediary doctrine defeats her failure-to-warn claims in a lawsuit targeting Teva’s ParaGard intrauterine contraceptive device.

Issue #137, April 2019

N.Y. Federal Lawsuit Targeting Merck’s MMR Vaccine Dismissed

A New York federal judge has dismissed a lawsuit filed by a minor who alleges he developed autism as a result of receiving Merck’s measles, mumps and rubella (MMR) vaccine, ruling that the plaintiff failed to exhaust his administrative remedies, as required by federal law.

Learned Intermediary Doctrine Bars Amiodarone Warning Claims, 4th Cir. Rules

The learned intermediary doctrine defeats claims that the manufacturers of generic Cordarone failed to properly warn of its risks because the prescribing physician was aware of the drug’s side effects, a federal appeals court has ruled.

7th Cir. Upholds Award of Summary Judgment to Janssen in Risperdal Action

A trial court properly struck a plaintiff’s expert witness disclosures because they were not accompanied by written reports, federal appeals court has ruled in upholding an award of summary judgment to Janssen Pharmaceuticals Inc. in a Risperdal case.

St. Jude Defibrillator Case Remanded After Amount-In-Controversy Requirement Not Met

A Washington federal judge has remanded a defibrillator case to state court, ruling that defendant St. Jude Medical Inc. failed to present evidence that the $75,000 amount-in-controversy threshold has been met.

N.Y. Federal Judge Dismisses Parietex Hernia Mesh Case as Insufficiently Pled

A New York federal judge has dismissed a Parietex hernia mesh case, ruling that while the plaintiff adequately identified an alleged defect in the product, he failed to point to a feasible alternative design, therefore his design defect claim fails.

N.M. Federal Judge Dismisses Parietex Hernia Mesh Action With Prejudice

A New Mexico federal judge has dismissed with prejudice a lawsuit involving Covidien’s Parietex hernia mesh patch, ruling that the plaintiff failed to identify the specific defect in the product and how it caused her alleged injuries.

Personal Jurisdiction Exists in Ethicon Pelvic Mesh Cases, Pa. Appeals Court Rules

A Pennsylvania appeals court has ruled that personal jurisdiction exists in pelvic mesh cases in which the mesh at issue was knitted by an in-state company because the plaintiffs’ claims “arise out of or relate to” Ethicon’s activities in Pennsylvania.

Amiodarone Medication Guide, Off-Label Claims Not Preempted, Ill. Judge Rules

Claims that a generic amiodarone manufacturer failed to provide a Medication Guide to distributors and negligently promoted the drug for off-label uses are not federally preempted because they allege violations of state law that parallel federal regulations, an Illinois federal judge has ruled.

Fraudulent Concealment Claim to Proceed in Utah Wright Profemur Hip Action

A Utah federal judge has allowed the plaintiff in a Wright Profemur hip system action to proceed with her claim that the manufacturer fraudulently concealed the dangers of the metal-on-metal device, ruling that the claim was adequately pled.

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