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 #142, September 2019

Negligence, Breach of Warranty Claims Dismissed in DePuy Rotating Platform Knee Case

A Virginia federal judge has dismissed without prejudice negligence claims filed against DePuy in connection with its rotating platform knee, ruling that the plaintiff failed to specify a defect in the device’s implant’s manufacture or design, or in the warnings provided.

Application of ‘Avoidably Unsafe’ Doctrine Should be Decided on Case-By-Case Basis, Utah High Court Rules

The question of whether the "unavoidably unsafe" doctrine in comment k to Section 402A of the Restatement (Second) of Torts applies to implanted medical devices should be decided on a case-by-case basis, the Utah Supreme Court has ruled.

N.Y. Federal Covidien Hernia Mesh Case Dismissed with Leave to Amend

A New York federal judge has dismissed without prejudice a lawsuit accusing Covidien Inc. of defectively designing and manufacturing its Symbotex hernia repair mesh, ruling that the strict liability, negligence and fraud claims were inadequately pled.

Lawsuit Targeting Abiomed’s Heart Pump Proceeds in Ill. Federal Court

An Illinois federal judge has allowed a strict liability claim to proceed in an action targeting Abiomed Inc.’s heart pump, ruling that the plaintiff adequately alleged that a defect in his device made it impossible to remove after surgery.

MDL Judge Permits Stem Cell Testimony at Upcoming Taxotere Trial

Defense experts may testify as to stem cell testing at the first Taxotere bellwether trial because, while they are not stem cell experts, they have specialized knowledge that would assist a trier of fact, a Louisiana federal judge has ruled.

Product Liability, Warranty Claims to Proceed in C-QUR Bellwether Case

A New Hampshire federal judge has allowed product liability and breach of express warranty claims to proceed against the makers of C-QUR hernia repair mesh in a bellwether action, ruling it is unclear at this stage of the case whether they are time-barred.

Former Football Player May Amend Fraud Claims in Nev. Federal Pain Pump Case

A Nevada federal judge has dismissed without prejudice a misrepresentation and fraudulent concealment claim asserted against Stryker and I-Flow in a pain pump action, ruling that the plaintiff must specify which defendant made the alleged misrepresentations.

Class Action Targeting Allergan’s Textured Breast Implants Filed in Calif.

Women who allege they developed symptoms of a rare immune system cancer after being implanted with Allergan’s BIOCELL line of textured breast implants have filed a class action seeking compensation for surgery to remove their implants, medical monitoring, and other medical expenses.

Nev. Federal Judge Awards DePuy Summary Judgment in Synthes Locking System Case

A Nevada federal judge has awarded DePuy Synthes Sales Inc. summary judgment in a lawsuit targeting its Synthes Locking System, finding the plaintiff failed to prove that the device was defectively designed and manufactured or accompanied by inadequate warnings.

Smith & Nephew Hip Action Remanded, Surgeon Found Properly Joined

A Maryland federal judge has remanded a Smith & Nephew hip case to state court, ruling that the plaintiff has asserted viable claims of negligence against the nondiverse healthcare defendants.

Past Issues:


The HarrisMartin VerdicTrack lets you track verdicts by product, state, defendant, or expert.