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

N.C. Federal Judge Says Negligence Claim Preempted in DePuy Knee Implant Case

Claims that DePuy negligently failed to provide the FDA with adverse event reports concerning a knee replacement system are preempted by federal law because there is no parallel state law requiring the manufacturer to do so, a North Carolina federal judge has ruled.

N.Y. Man Awarded $542,645 in Damages at Conclusion of Pradaxa Trial

A Connecticut state court jury has awarded $542,645 in compensatory damages to a New York man who suffered gastrointestinal bleeding after taking Boehringer Ingelheim’s Pradaxa to treat his atrial fibrillation.

Federal Judges May Decide ‘Clear Evidence’ Question, High Court Rules

Federal judges may decide whether a drug maker has presented “clear evidence” that the Food and Drug Administration would have rejected changes to a drug’s label, thereby barring a plaintiff’s failure-to-warn claim as preempted, the U.S. Supreme Court has ruled.

2nd Cir. Upholds Summary Judgment Award to Zimmer in Knee Implant Case

A federal appeals court has affirmed an award of summary judgment to Zimmer Inc. in a knee replacement action, agreeing with the trial court that the plaintiff cannot support his design defect claim because he failed to timely identify any expert testimony.

Jury Awards Pa. Couple $80 Million in Ethicon Prolift Pelvic Mesh Case

A Pennsylvania jury has awarded a couple $80 million on their claims that the 2008 implantation of an Ethicon transvaginal mesh device caused them to suffer complications and severe permanent injuries.

W. Va. Federal Judge Refuses to Overturn $1.25 Million Pradaxa Verdict

A West Virginia federal judge has refused to disturb a $1.25 million verdict issued in favor of the family of a woman who died from gastrointestinal bleeding after taking Pradaxa, finding sufficient evidence that Boehringer Ingelheim fraudulently misrepresented the risks of its blood thinner.

Stryker Jaw Implant Lawsuit Time-Barred, 2nd Cir. Affirms

A lawsuit targeting Stryker Corp.’s jaw implant is time-barred because the plaintiff suspected the device was the true cause of his pain as early as 2006, yet waited to file suit long after New York’s three-year statutes of limitations had expired, a federal appeals court has affirmed.

Inadequate Warning Claim Survives Dismissal Motion in Calif. IVC Filter Case

A California federal judge has allowed an inadequate warning claim to proceed against ALN International in connection with its IVC filter, ruling that the plaintiff sufficiently alleged that the company failed to warn her surgeon of the device’s risks.

Va. Federal Judge Remands DePuy Hip Case, Says Conversion Claims Viable

A Virginia federal judge has remanded a DePuy hip replacement action to state court, ruling that the plaintiff has a possibility of succeeding on claims in which she accuses the non-diverse defendants of refusing to provide her with explanted pieces of her device following revision surgery.

Issue #138, May 2019

Mo. Federal Orthopedic Nail Lawsuit Dismissed for Lack of Specific Jurisdiction

A lawsuit based upon Smith & Nephew Inc.’s allegedly defective orthopedic nail device does not belong in Missouri court, a federal judge has ruled, explaining that the claims do not have sufficient ties to the state.

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