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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 #137, April 2019

Mich. Federal Judge Dismisses Medtronic Hernia Mesh Patch Action

A Michigan federal judge has dismissed a negligent design claim in a mesh hernia repair patch action, ruling that the plaintiff failed to plead the availability of “a feasible alternative production practice” that would have prevented her injuries without impairing the usefulness of the device.


Pa. Federal Judge Retains Jurisdiction Over ParaGard IUD Action

A Pennsylvania federal judge has refused to remand a lawsuit targeting the ParaGard intrauterine contraceptive device, ruling that the non-diverse defendants were fraudulently joined because they did not participate in the research, development, design, manufacture or sale of the device.


Exactech Hip Device Action Time-Barred Under Texas Law, Judge Rules

A Tennessee federal judge has awarded Exactech Inc. summary judgment in a lawsuit targeting its AcuMatch M-Series Femoral Stem hip replacement device, ruling that the claims are time-barred under the Texas statute of repose because the action was filed one year after the period of repose expired.


N.J. Federal Judge Refuses to Sever Healthcare Defendants from Transvaginal Mesh Case

A New Jersey federal judge has refused to sever healthcare defendants from a Boston Scientific Corp. transvaginal mesh action, ruling that discovery should proceed on the question of whether the learned intermediary doctrine connects the product liability and medical malpractice claims.


2nd Cir. Upholds Dismissal of 15 Eliquis Actions, Says Claims Preempted

A federal appeals court has refused to reinstate 15 Eliquis actions, affirming that the negligence and strict liability claims are preempted because the defendants were barred by federal law from unilaterally changing the Eliquis label to include additional warnings.


Bayer, Janssen Agree to Pay $775 Million to Settle Xarelto Litigation

The Louisiana federal judge overseeing the Xarelto multidistrict litigation docket stayed all cases following an announcement that Bayer and Janssen Pharmaceuticals will pay $775 million to settle the lawsuits.


Ill. Judge Orders Briefing in Lupron Case on Timeliness, Liability Issues

An Illinois federal judge has ordered briefing in a Lupron injury case on the issues of whether the claims against Abbott Laboratories and AbbVie Inc. are timely and the roles of those defendants in the manufacturing and development of the endometriosis drug.


Summary Judgment Award to Genentech Ends Herceptin MDL

An Oklahoma federal judge has awarded Genentech Inc. summary judgment on claims that it misrepresented the amount of its breast cancer drug Herceptin (trastuzumab) in each vial, bringing the multidistrict litigation to a close.


Issue #136, March 2019

Cormet Hip Lawsuit Dismissed on Preemption Grounds; Plaintiffs Granted Leave to Amend

Claims filed against the manufacturers of a Cormet hip system are impliedly and expressly preempted because they are based upon state law requirements that do not parallel federal regulations, or impermissibly seek to enforce duties owed to the FDA, a Florida federal judge has ruled.


FDA Sends Warning Letters to Silicone Breast Implant Makers Mentor, Sientra

The Food and Drug Administration has issued warnings to two silicone gel-filled breast implant manufacturers for failure to conduct post-approval studies to assess the long-term safety and risks of their products.


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