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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 #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.


Georgia Legislative Panel Recommends $250,000 Punitive Damages Cap

A Georgia legislative panel has recommended a series of tort reform measures, which include imposing a $250,000 cap on punitive damage awards in medical malpractice, product liability and personal injury actions.


Judge Allows Strict Liability Claims to Proceed in Pa. Federal Pelvic Mesh Action

A Pennsylvania federal judge has allowed strict liability claims to go forward against Coloplast Corp. in a pelvic mesh case, predicting that the state high court would recognize such claims against medical device manufacturers.


Strict Liability, Negligence Claims to Proceed in Covidien Hernia Mesh Case

A New York federal judge has allowed strict liability design defect and failure to warn claims to proceed against Covidien in a lawsuit targeting its hernia mesh products, finding they were adequately pled in the plaintiffs’ amended complaint.


Multi-Plaintiff Essure Case Remanded for Lack of Federal Jurisdiction

A Pennsylvania federal judge has remanded a multi-plaintiff Essure case for lack of federal jurisdiction, finding there is no actual dispute about the interpretation of federal law.


9th Cir. Reinstates 3rd Party Payor’s RICO Claims Against Takeda in Actos Case

A federal appeals court has reinstated Racketeer Influenced and Corrupt Organization Act claims accusing the maker of Actos of failing to warn prescribing doctors of a link between type 2 diabetes drug Actos and bladder cancer.


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