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 #132, November 2018

Pa. Court Upholds $2.5 Million Risperdal Verdict, Revives Punitive Damages Issue

A Pennsylvania appellate court has upheld a $2.5 million verdict in a Risperdal case, finding the plaintiffs proved that Janssen Pharmaceuticals Inc. failed to adequately warn their prescribing doctor that the antipsychotic drug can cause gynecomastia.

Texas Man Says DePuy’s Shoulder Implant Defectively Manufactured

A Texas man has sued DePuy Orthopaedics Inc. in connection with its shoulder implant system, alleging the manufacturer failed to adequately warn surgeons of the device’s propensity to become loose and/or fracture.

Calif. Couple May Amend Claims in Medtronic Insulin Pump Case, Federal Judge Rules

A California federal judge has allowed a couple to amend their claims of products liability in which they allege that a defective Medtronic insulin pump caused their daughter’s death.

Minn. Federal Judge Denies Plaintiffs’ Motion for New Trial in Bair Hugger Case

A Minnesota federal judge has denied plaintiffs a new trial in a bellwether Bair Hugger warming device case, ruling that the court did not err in excluding evidence of defendants’ knowledge of risk-utility because their mental state is not an element of a strict liability design defect claim.

5th Cir. Upholds Dismissal of Abilify Case, Says FDA-Approved Warnings Must Be Presumed Adequate

A federal appellate court has upheld dismissal of a case accusing the makers of Abilify of failing to adequately warn of withdrawal symptoms, ruling that the plaintiff failed to rebut the presumption that the warnings were adequate.

Wis. Federal Judge Sends M-COR Hip Case to Trial on Defective Design Claim

A jury must decide whether a hip implant distributed by Plus Orthopaedics LLC was defective because there is conflicting expert testimony as to whether the device was not properly designed to handle the loads it would bear over a lifetime of use, a Wisconsin federal judge has ruled.

Pa. Federal Judge Allows Plaintiffs to File Amended Complaint in Covidien Hernia Mesh Case

A Pennsylvania federal judge has allowed the plaintiffs in a Parietex hernia mesh case to amend their claims against Covidien to plead facts supporting their position that the statutes of limitations were tolled via the discovery rule.

Plaintiffs’ Expert Causation Testimony Excluded in Federal Mirena MDL

The New York federal judge overseeing the docket for cases alleging that Mirena causes harmful neurological side effects has excluded the causation testimony of all plaintiffs’ experts, explaining that their analysis is flawed by serious methodological deficiencies.

N.J. Judge Refuses to Overturn $68 Million Verdict in C.R. Bard Pelvic Mesh Case

A New Jersey state judge has denied C.R. Bard Inc.’s motion for judgment notwithstanding the verdict following a jury award of $68 million to a North Carolina couple who were allegedly injured by two of the company’s pelvic mesh devices.

N.Y. Man Will Appeal Award of Summary Judgment to Janssen in Risperdal Case

A New York man is appealing an award of summary judgment to Janssen Pharmaceuticals Inc. in a Risperdal lawsuit, challenging the judge’s findings that there was a lack of evidence that the drug contains a design defect.

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