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 #150, May 2020

‘Seller Shield’ Defense Does Not Apply to Health Care Liability Act Claims, Tenn. Court Affirms

The “seller shield” provision of the Tennessee Products Liability Act (TPLA) does not protect a pharmacy from claims asserted under the Tennessee Health Care Liability Act (THCLA), a state appeals court has ruled in a Victoza injury action.

Class Action Accuses Metformin Makers of Concealing Carcinogen Contamination

A group of healthcare insurers have sued the makers of type 2 diabetes drug metformin (Glucophage, Fortamet, Glumetza and Riomet), accusing them of concealing that their drugs are contaminated with a carcinogenic, nitrosodimethylamine (NDMA).

Ariz. Federal Judge Dismisses GBCA Claims Without Prejudice

An Arizona federal judge has adopted a magistrate judge’s findings that failure-to-warn and defective design claims in a lawsuit targeting linear gadolinium-based contrast agents are preempted by federal law.

Mo. Federal Judge Allows Negligence, Strict Liability Claims to Proceed in BSC Pelvic Mesh Action

A Missouri federal judge has allowed negligence and strict liability claims to proceed against Boston Scientific in a pelvic mesh action, finding the plaintiff adequately alleged the company negligently marketed the devices as safe and did not adequately warn her surgeon of their risks.

Issue #149, April 2020

Janssen Denied Summary Judgment in S.C. Invega Male Breast Growth Case

A South Carolina federal judge has denied Janssen Pharmaceuticals Inc. summary judgment on claims of failure to warn in an Invega action, finding questions of fact as to whether the company could have enhanced the drug’s warnings to warn of male breast growth in adolescents.

Lawsuit Says Inovio Pharmaceutical Maker Falsely Announced Development of COVID-19 Vaccine

An investor has sued a Pennsylvania pharmaceutical company in federal court, accusing it of publicly announcing that it had developed a COVID-19 vaccine, when in fact, no such vaccine had been made.

6th Cir. Says Diversity Jurisdiction Lacking in Spanish Citizens’ DePuy Hip Cases

A federal appeals panel has remanded 12 DePuy ASR hip cases filed by Spanish citizens and directed an Ohio federal judge to consider dismissing them for lack of diversity jurisdiction.

Belviq Makers Knew Weight-Loss Drug Carried Cancer Risk, N.Y. Federal Lawsuit Says

A New York woman has filed a putative class action alleging the makers of Belviq and Belviq XR knew from the early stages of research and development that the weight loss drugs pose a significantly elevated risk of cancer yet pushed them to market, selling millions of dollars’ worth.

3rd Cir. Panel Refuses to Reinstate Zostavax Vaccine Action

A federal appeals panel has refused to reinstate a Zostavax vaccine action, agreeing with the trial court that the plaintiffs have not shown that their prior counsel’s failure to request discovery did not fall to a level warranting Rule 60(b)(6) relief.

ABA President Seeks Classification of Legal Services as ‘Essential’ During COVID-19 Crisis

The president of the American Bar Association has asked the Cybersecurity and Infrastructure Security Agency (CISA) to classify legal services as “essential” during the national COVID-19 crisis, thereby allowing attorneys to provide in-person assistance where needed.

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