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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 #144, November 2019

Texas Federal Boston Scientific Pelvic Mesh Case Dismissed Without Prejudice

A Texas federal judge has dismissed a Boston Scientific pelvic mesh case without prejudice, ruling that the strict liability, breach of warranty and fraud claims were not pled with the requisite specificity to overcome the learned intermediary doctrine and Rule 9(b).


Statement in Original Complaint Does Not Render Hip Case Untimely, Judge Rules

A New York federal judge has refused to dismiss a Zimmer hip action, ruling that the plaintiff’s statement in his original complaint regarding when he felt pain, which was later omitted in his amended pleading, does not render the action time-barred.


Stryker Hip Replacement Action Survives Dismissal Motion in Texas

A Texas federal judge has allowed strict liability, negligence and breach of warranty claims to proceed in a Stryker hip replacement action, ruling that the plaintiff adequately alleged design and manufacturing defects in the acetabular shell and bone screws she received.


Boston Scientific Objects to Rule 26 Sanctions in Defective Defibrillator Case

Boston Scientific Corp. has objected to the imposition of sanctions by a Minnesota federal magistrate judge in a case accusing it of selling defective cardiac defibrillators, arguing that it did not withhold the names of four witnesses during discovery.


Ill. Man Says Takeda Concealed Gout Drug Uloric’s Cardiovascular Risks

An Illinois man has sued Takeda Pharmaceuticals in federal court, accusing it of concealing the cardiovascular risks posed by its gout drug Uloric (febuxostat).


Taxotere Bellwether Plaintiff Seeks New Trial in Wake of Defense Verdict

The plaintiff in the first Taxotere permanent hair loss case to go before a jury has asked a Louisiana federal judge for a new trial, arguing that the defense verdict was erroneously based upon the unreliable testimony of defendants’ corporate expert.


Fla. Federal Judge Trims Defendants’ Expert Testimony in Ethicon Pelvic Mesh Case

A Florida federal judge has excluded the testimony of two defense experts in an Ethicon pelvic mesh case scheduled for trial, ruling that one of them is not qualified to opine on the safety of polypropylene mesh because he has no experience with implanted permanent medical devices.


Ga. Woman Awarded $33.7 Million at Conclusion of Rex Option IVC Filter Trial

A Georgia woman has been awarded $33.7 million in the first bellwether trial in the Philadelphia inferior vena cava filter mass tort litigation, with the jury finding that Rex Medical and Argon Medical Devices defectively designed the device.


Mass. Federal Judge Denies GSK Summary Judgment in 50 Zofran Cases

A Massachusetts federal judge has denied GlaxoSmithKline’s motion for summary judgment in 50 cases on the Zofran multidistrict litigation docket, finding the plaintiffs presented sufficient evidence that the drug can cause orofacial abnormalities other than cleft palate.


Zofran MDL Judge Excludes Portions of Plaintiffs’ Expert Report as Untimely

The judge overseeing the federal Zofran birth defect multidistrict litigation docket has excluded as untimely portions of a supplemental report by one of plaintiffs’ causation experts, explaining that it does not address new scientific studies or new data, or correct an error.


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