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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 #138, May 2019

N.J. Judge Remands Biomet Hip Case, Says Non-Diverse Distributors Properly Joined

A New Jersey federal judge has remanded a Biomet Magnum hip case to state court, ruling that the plaintiff has alleged viable product liability claims against the non-diverse distributor defendants and therefore they were not fraudulently joinedA New Jersey federal judge has remanded a Biomet Magnum hip case to state court, ruling that the plaintiff has alleged viable product liability claims against the non-diverse distributor defendants and therefore they were not fraudulently joined.


Lawsuit Targeting Gilead’s HIV Drugs to Proceed in Calif. Federal Court

A California federal judge has refused to dismiss a lawsuit targeting Gilead Sciences Inc.’s HIV drugs, ruling that the design defect claims are not preempted because the drug maker failed to show that the FDA would not have approved allegedly safer versions of the drugs.


Calif. Federal Judge Remands Lariam Case for Lack of Diversity

A California federal judge has remanded a lawsuit targeting the anti-malarial drug Lariam, ruling that the non-diverse Genentech defendants were not fraudulently joined because the plaintiff’s evidence support his successor liability theory.


DePuy Hip Cases Dismissed on Forum Non Conveniens Grounds

The Ohio federal judge overseeing the DePuy ASR hip MDL docket has dismissed several cases filed by Spanish residents, ruling that the actions should be tried in Spain, where the surgeries and associated medical care took place.


Judge Refuses to Remand Ala. Nail Case on Amount-in-Controversy Basis

An Alabama federal judge has refused to remand an orthopedic nail case to state court, ruling that the amount-in-controversy requirement is most likely met because the plaintiff seeks compensatory and punitive damages from Stryker Corp.


Stryker Denied Summary Judgment in Tenn. Federal Stabilizer Plate Action

A Tennessee federal judge has refused to award Stryker Corp. summary judgment in a case involving stabilizer plates, ruling that further discovery is needed to determine whether the manufacturer supplied the devices at issue.


Doctor’s Failure to Read Warnings Relieves Generic Makers of Liability, Wash. Court Rules

A Washington appeals court has found in favor of generic Reglan makers on claims that they failed to incorporate updated warnings in their labeling, ruling that the prescribing doctor’s failure to read the package insert relieved them of liability.


FDA Adds Boxed Warnings to Ambien, Other Prescription Sleep Aids

The Food and Drug Administration has ordered the makers of Ambien, Lunesta and other common prescription insomnia drugs to add a boxed warning regarding injuries caused by sleepwalking and sleep driving.


Pa. Federal Judge Rejects Successor Liability Theory in Pelvic Mesh Case

A Pennsylvania federal judge has dismissed claims asserted against Endo Pharmaceuticals Inc. in a pelvic mesh device action, ruling that the company cannot be held liable for an allegedly defective device made by its wholly-owned subsidiary, American Medical Systems.


N.Y. Federal Judge Says Distributor Defendants Fraudulently Joined to Hip Action

A New York federal judge has refused to remand a Zimmer hip implant case, ruling that the non-diverse distributor defendants were fraudulently joined because plaintiffs’ Ohio Product Liability Act claims against them were implausible.


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