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 #135, February 2019

Amiodarone Makers’ Agreements with In-State Distributor Do Not Create Jurisdiction, Calif. Judge Rules

The California judge overseeing the state coordinated amiodarone docket has granted a motion by out-of-state manufacturers to quash plaintiffs’ service of summonses, ruling that the drug makers lacked the requisite contacts with the state to establish specific personal jurisdiction.

Issue #134, January 2019

Joinder of Sales Rep in Spinal Device Case Destroys Diversity Jurisdiction, Federal Judge Rules

An Alabama federal judge has remanded a spinal fixation system case filed against Synthes Spine Inc., ruling that the plaintiff asserted viable claims against an in-state sales representative, thereby destroying diversity jurisdiction.

Ark. Federal Judge Orders Parties to Brief Forum Issue in Biomet Magnum Hip Case

An Arkansas federal judge has ordered the parties in a Biomet M2a Magnum hip implant case to present arguments as to why the case should not be transferred to a more convenient forum pursuant to 28 U.S.C. Section 1404(a).

8th Cir. Upholds Summary Judgment Award to Mirapex Maker in Compulsive Gambling Case

A federal appeals court has upheld an award of summary judgment to Boehringer Ingelheim Pharmaceuticals Inc. in a Mirapex compulsive gambling case, finding the claims are time-barred under California’s two-year statute of limitations.

New Lawsuits Link Liver, Kidney Cancers to Contaminated Valsartan-Containing Drugs

Two new lawsuits linking contaminated valsartan-containing drugs with the development of kidney and liver cancer have been filed in California and Massachusetts federal courts against the drug’s manufacturers.

Calif. Man Says Arthrex Misrepresented Safety of SwiveLock Shoulder Implant System

A California man has sued Arthrex Inc., accusing it of misrepresenting the safety and efficacy of its SwiveLock shoulder implant system, and failing to adequately test the device before aggressively marketing it to surgeons.

MDL Judge Asked to Reconsider Summary Judgment Award in Cook IVC Filter Case

A Georgia woman has asked a federal judge to reconsider an award of summary judgment to Cook Medical Inc. in a bellwether case involving its Celect IVC filter, arguing that she provided sufficient evidence that the device maker inadequately warned her surgeon of the risks.

N.J. Court Dismisses Mentor MemoryGel Breast Implant Case on Preemption Grounds

Claims asserted against Mentor and Johnson & Johnson in connection with their MemoryGel silicone breast implants are preempted because they seek to impose state law requirements that are different from, or in addition to, those imposed under federal law, a New Jersey state court has ruled.

La. Federal Judge Dismisses Medtronic Cardiac Stent Action as Preempted

A Louisiana federal judge has dismissed a cardiac stent action, ruling that the claims are preempted by federal law because the plaintiffs failed to specify any state law claims based on violations of Food and Drug Administration regulations.

Bard Hernia Repair Patch Action Timely, R.I. Judge Rules

A hernia repair patch case is timely because the plaintiff has sufficiently alleged that the device’s manufacturers fraudulently concealed its defective nature from the plaintiff and her doctors, a Rhode Island judge has ruled.

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