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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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Current Issue

Negligent Misrepresentation Claim Dismissed Without Prejudice in Wright Hip Action

An Arizona federal judge has dismissed without prejudice a negligent misrepresentation claim in an artificial hip action filed against Wright Medical Technology Inc., ruling that it was not pled with the particularity required by Federal Rule of Procedure 9(b).


FDA Says Weight Loss Drug Belviq Should Be Withdrawn Due to Cancer Risk

The Food and Drug Administration has asked the makers of Belviq (lorcaserin) to withdraw the weight loss drug from the market, explaining that a safety clinical trial shows an increased occurrence of cancer.


Claims in Gadolinium-Based Contrast Agent Action Preempted, Judge Rules

A New York federal judge has dismissed a gadolinium-based contrast agent action, ruling that the claims are preempted by federal law because there is no evidence of newly-acquired information which would allow the manufacturers to change their warning labels via the FDA’s Changes Being Effected regulation.


9th Cir. Panel Upholds Dismissal of Lexapro Suicide Action

A federal appeals court panel has upheld dismissal of a Lexapro suicide case, agreeing with the lower court that the anxiety drug’s label clearly warned of the risk of suicidality in adolescents.


Negligent Manufacturing, Failure-To-Warn Claims Dismissed in Ga. Pelvic Mesh Case

A Georgia federal judge has awarded Ethicon and Johnson & Johnson summary judgment on negligent manufacturing and failure to warn claims in a pelvic mesh action, finding a lack of evidence as to how the device deviated from its design or how a different warning would have changed their surgeon’s decision to implant the product.


Heightened Pleading Standard Does Not Apply to DTPA Fraud Claims, Wis. High Court Rules

In a ruling of first impression, the Wisconsin Supreme Court has held that the statutory heightened pleading standard for fraud claims does not apply to claims made under the state Deceptive Trade Practices Act’s prohibition of fraudulent misrepresentations.


Risperdal Makers Awarded Summary Judgment in Del. Federal Court

A Delaware federal judge has awarded the makers of Risperdal summary judgment on personal injury claims, ruling that the plaintiff failed to present evidence that the name brand drug caused his injuries and that his doctor would have prescribed a different drug had he been given a different warning.


Issue #147, February 2020

Plaintiffs May Amend Complaint in Atrium ProLite Hernia Mesh Action

A New York federal judge has dismissed a lawsuit targeting Atrium Medical Corp.’s ProLite hernia repair mesh, finding the plaintiffs did not plausibly allege that the product is defective and accompanied by inadequate warnings.


N.Y. Judge Dismisses Atrium Medical Hernia Mesh Action Without Prejudice

A New York federal judge has dismissed a lawsuit targeting Atrium Medical Corp.’s ProLite hernia repair mesh, ruling that the plaintiffs did not plausibly allege that the product is defective and accompanied by inadequate warnings.


LPLA Claims Dismissed Without Prejudice in Covidien Vessel Sealing Device Case

A Louisiana federal judge has dismissed without prejudice product liability claims targeting Covidien’s vessel sealing device, finding the plaintiff failed to allege that her doctor would not have used the device had he been provided with a different warning.


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