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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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3rd Cir. Reinstates Zimmer Hip Case, Says Jury Must Decide Timeliness Issue

A federal appeals court has reinstated a Pennsylvania woman’s lawsuit alleging injuries caused by Zimmer Inc.’s Kinectiv Technology hip implant system with a VerSys femoral head, ruling that a jury must decide whether her claims are timely.


Pa. High Court Reinstates Risperdal Actions, Finds Questions of Fact as to Timeliness

The Pennsylvania Supreme Court has reinstated two Risperdal actions against Janssen Pharmaceuticals Inc., ruling there are questions of fact as to whether the plaintiffs were on notice by October 2006 that their enlarged breasts were caused by the drug.


Ind. Federal Judge Addresses Plaintiff's Discovery Motion in M2a Magnum Hip Case

An Indiana federal judge has denied a Magnum hip plaintiff’s motion to compel Biomet Inc. to produce certain documents and information that the company has also provided the Plaintiffs’ Steering Committee, ruling that it would be duplicative.


Md. Federal Judge Consolidates 4 Magnum Hip Cases for Trial

A Maryland federal judge has consolidated four Biomet M2a Magnum Hip System cases for trial, concluding that there are common questions of fact and law in the cases, and consolidation will not prejudice Biomet.


Md. Federal Judge Dismisses Medtronic LVAD Case on Preemption Grounds

A Maryland federal judge has dismissed an action involving an allegedly defective Medtronic left ventricular assistive device (LVAD), ruling that the claims are preempted because the plaintiffs failed to allege violations of state law requirements which parallel federal law.


Issue #144, November 2019

Pradaxa Maker Awarded Summary Judgment in Calif. Coordinated Docket Action

The judge presiding over the California coordinated Pradaxa docket has awarded Boehringer Ingelheim Pharmaceuticals Inc. summary judgment on a plaintiff’s inadequate warning claims, finding they are preempted by federal law.


Claims Against Generic Ibuprofen Makers Preempted, Ill. Federal Judge Rules

Design defect and failure-to-warn claims asserted against the makers of generic ibuprofen are preempted by federal law, which prohibits the defendants from altering the drug or its label in any way, an Illinois federal judge has ruled.


Manufacturing Defect, Warranty Claims to Proceed in Gastric Balloon Action

A Mississippi federal judge has allowed claims of manufacturing defect and breach of express warranty to proceed against Apollo Endosurgery US Inc. in an intragastric balloon action, finding they are not preempted by federal law because they parallel federal requirements.


Plaintiff May File Amended Complaint in DJO Walking Boot Case, Calif. Judge Rules

A California federal judge has dismissed a majority of the claims in a lawsuit targeting DJO Global Inc.’s walking boot, ruling that the plaintiff must identify which boot model he received, and the existence of a transaction between himself and the defendant manufacturer.


Ethicon Awarded Summary Judgment in La. Federal Hernia Patch Case

A Louisiana federal judge has awarded Ethicon Inc. summary judgment in a case involving its Proceed Ventral hernia repair patch, ruling that the plaintiff failed to present evidence of a feasible alternative design or that the patch’s construction deviated from design specifications.


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