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 #132, November 2018

Colo. Federal Judge Dismisses Contaminated Scope Case, Allows Plaintiff to Amend

A Colorado federal judge has dismissed without prejudice claims asserted against Olympus Medical Systems Corp. in a contaminated duodenoscope action, ruling that the court lacks personal jurisdiction over the company because it lacks the requisite minimum contacts with Colorado.

Claims Against Heart Catheter Maker Preempted, Ky. Appeals Court Affirms

A Kentucky appellate court has upheld dismissal of a case involving a heart catheter, ruling that the claims against Biosense Webster Inc. are preempted because the plaintiff did not assert state law claims that are based upon violations that parallel federal regulations.

Ariz. Federal Judge Removes Mulkey From Bard IVC Filter Bellwether Trial Schedule

The Arizona federal judge overseeing the C.R. Bard IVC filter multidistrict litigation docket has removed the _Mulkey_ case from the bellwether trial schedule, explaining that another trial focusing on the Eclipse filter would be a waste of time and judicial resources.

Calif. Court Reinstates Suit Accusing Diabetes Drug Makers of Failing to Warn of Pancreatic Cancer

A California appellate court has reinstated a lawsuit accusing the makers of four diabetes drugs of failing to warn of the risk of pancreatic cancer, ruling that the trial court should have considered newly discovered scientific evidence that the Food and Drug Administration had not previously evaluated in approving the drugs’ warning labels.

New Calif. Lawsuit Says Gilead’s AIDS Drugs Cause Kidney Damage, Bone Fractures

Four California residents have sued Gilead Sciences Inc., accusing it of failing to warn doctors that its tenofovir and tenofovir-based antiviral AIDS drugs Viread and Truvada can cause kidney failure and bone fractures.

Confidential Settlement Reached in Stryker LFIT CoCr V40 Femoral Heads MDL

The Massachusetts federal judge overseeing the Stryker LFIT CoCr V40 Femoral Heads hip implant multidistrict litigation has stayed the litigation pending finalization of a confidential settlement agreement.

Wash. Judge Imposes Discovery Sanctions on Biomet in Magnum Hip Lawsuit

A Washington state judge has imposed sanctions on Biomet Inc. in the form of attorneys’ fees for failing to comply with plaintiffs’ discovery requests in a Magnum hip replacement lawsuit.

Encore Medical Accused of Hiding Hip System’s Defects, Failing to Warn Surgeons

A Missouri woman has sued Encore Medical L.P. d/b/a DJO Surgical, accusing it of failing to warn her surgeon that its hip system is prone to femoral stem disassociation and failing to adequately test the device before placing it on the market.

Wash. Federal Judge Dismisses Breast Implant Lawsuit, Says Claims Preempted

A Washington federal judge has dismissed with prejudice a lawsuit involving Allergan’s Natrelle breast implants, finding the claims are expressly preempted because they seek to impose safety requirements that are different from, or in addition to, those imposed by federal law.

FDA Investigating Intra-Aortic Balloon Pumps Shutdowns While Running on Battery Power

The Food and Drug Administration has informed health care providers that it is evaluating recent reports that Getinge’s Maquet/Datascope intra-aortic balloon pump (IABP) devices are shutting down while running on battery power.

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