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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 #146, January 2020

Pelvic Mesh Plaintiffs Barred from Suing Previously Dismissed Defendant

Plaintiffs cannot sue a defendant that had been previously dismissed from the case with prejudice unless the order is changed by the judge or vacated by an appellate court, a Pennsylvania federal judge has ruled in two Ethicon pelvic mesh cases.


Pa. Federal Judge Dismisses Medtronic Brain Stimulator Action as Preempted

Strict liability and negligence claims in a lawsuit targeting Medtronic’s deep brain stimulator devices are expressly preempted because they seek to impose state law claims that are “different from, or in addition to” federal regulations, a Pennsylvania federal judge has ruled.


FDA Says Gabapentin, Pregabalin May Cause Breathing Difficulties

The Food and Drug Administration is warning that certain seizure and nerve pain drugs can cause serious breathing difficulties in patients who have lung problems or when used in conjunction with drugs that depress the central nervous system (CNS), such as opioid painkillers.


Ethicon, J&J Awarded Summary Judgment in Idaho Federal Hernia Repair Mesh Action

An Idaho federal judge has awarded Ethicon and Johnson & Johnson summary judgment in a case targeting their hernia repair mesh, finding the plaintiffs failed to prove that the product caused the plaintiff to suffer a bowel obstruction.


3rd Cir. Panel Reinstates Avandia False Marketing Action, Finds Claims Not Preempted

A federal appeals panel has reinstated a lawsuit in which two health benefit plans accuse GlaxoSmithKline of concealing the risks posed by its type-2 diabetes drug Avandia, ruling that the state law consumer protection claims are not preempted by federal law.


Issue #145, December 2019

HarrisMartin: JPML Establishes Breast Implant MDL Docket, Sends Claims to New Jersey

The U.S. Judicial Panel on Multidistrict Litigation has created a multidistrict litigation docket for claims asserted against Allergan for its Biocell textured breast implants, sending the lawsuits to the District of New Jersey.


Spinal Fusion Device Plaintiff May Join Healthcare Providers as Defendants

A Washington federal judge has allowed the plaintiff in a spinal fusion device case to add three healthcare providers as defendants, ruling that failure to join them might result in separate and redundant actions.


Inadequate Warning Claims Survive Dismissal Motion in La. Blood Test Strip Case

A Louisiana federal judge has allowed an inadequate warning claim to proceed against the makers of blood coagulation test strips, ruling that the plaintiffs adequately alleged that their physician was not warned of the product’s possible malfunction.


5th Cir. Upholds Award of Summary Judgment to Medtronic in Hernia Mesh Case

A federal appellate panel has upheld an award of summary judgment to Medtronic Inc. in a hernia mesh action, finding the plaintiffs’ failure to present expert testimony doomed their case.


Non-Manufacturing Sellers May Use ‘Innocent Seller’ Provision as Affirmative Defense, Miss. High Court Rules

The Mississippi Supreme Court has ruled that the “innocent seller” provision of the state’s Products Liability Act provides an affirmative defense for non-manufacturing product sellers because it gives immunity to innocent sellers without placing a burden of proof on a plaintiff.


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