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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 #141, August 2019

Split Preemption Ruling Issued in BHR Hip Federal MDL

The Maryland federal judge overseeing the Birmingham Hip Resurfacing multidistrict litigation docket has refused to dismiss strict liability, warranty and fraud claims relating to the BHR-THA and R3-THA systems and components, rejecting Smith & Nephew’s argument that they are preempted by federal law.


Mentor Prevails in Calif. Federal MemoryGel Breast Implant Case

Claims asserted against Mentor Worldwide LLC in connection with its silicone breast implants are preempted by federal law because plaintiffs failed to specify what federal regulation Mentor violated in its development of the implant, a California federal judge has ruled.


Pa. High Court Lets $2.5 Million Verdict Stand in Risperdal Case

The Pennsylvania Supreme Court has refused to review a ruling in which a state intermediate court upheld a $2.5 million verdict in a Risperdal case after finding the plaintiffs proved that Janssen Pharmaceuticals Inc. failed to adequately warn their prescribing doctor that the antipsychotic drug can cause gynecomastia.


Calif. Jury Awards $7.68 Million at Conclusion of Damages Retrial in Case Involving Zimmer’s Durom Cup Hip Implant

A California jury has awarded $7.68 million at the conclusion of a Durom Cup hip implant trial against Zimmer Inc. after a retrial on damages only, sources told HarrisMartin Publishing.


Calif. Federal Mentor Silicone Breast Implant Case Dismissed with Prejudice

A California federal judge has dismissed a lawsuit against Mentor Worldwide LLC targeting its silicone breast implants, ruling that the claims are preempted by federal law because plaintiffs failed to plead that the company violated federal standards.


Ark. Man Sues Consensus Ortho Over Allegedly Defective Knee System

An Arkansas man has sued Consensus Orthopedics Inc., alleging the knee replacement system he received was defectively designed and manufactured, accompanied by inadequate warnings, and unreasonably dangerous, causing him to sustain various injuries.


Award of Summary Judgment to Planned Parenthood Upheld in Texas IUD Case

A Texas appellate court has upheld an award of summary judgment to Planned Parenthood in a case involving an intrauterine device that remained in a woman’s uterus while she was pregnant, finding the plaintiff failed to present evidence that the clinic’s alleged negligence caused the claimed damages.


Ariz. Woman Sues Arthrex, Alleging Injuries from iBalance Knee System

An Arizona woman has sued Arthrex Inc., accusing it of misrepresenting the safety, efficacy and longevity of its iBalance knee replacement system, forcing her to sustain injuries and undergo revision surgery to replace the defective components.


Negligence, Strict Liability Claims in Pelvic Mesh Case Dismissed

A Texas federal judge has dismissed with leave to amend strict liability and negligence claims in a lawsuit targeting Boston Scientific Corp’s Advantage Fit pelvic mesh device, ruling that the plaintiff failed to plead the claims with specificity.


Wash. Federal M2a Magnum Hip Case Stayed Pending Settlement Negotiations

The parties in a Biomet M2a Magnum hip replacement action have agreed to stay proceedings pending settlement negotiations, according to a recent filing in Washington federal court.


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