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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 #141, August 2019

Plaintiffs in DePuy Pinnacle Hip MDL Seek Case Management Conference

Plaintiffs in the DePuy Pinnacle hip multidistrict litigation have asked a Texas federal judge to schedule a case management conference “to address outstanding issues concerning the status and management of unresolved cases in the MDL.”


Pa. Federal Judge Says Zostavax Action Barred by Res Judicata

A Pennsylvania federal judge has dismissed a Zostavax action, ruling that it is barred by the doctrine of res judicata because the court already awarded Merck summary judgment on the claims in a previous action on the basis of untimeliness.


Calif. Man Alleges Injuries Caused by Defective Ethicon Surgical Stapler

A California man has sued Johnson & Johnson and its subsidiary Ethicon, accusing them of failing to warn patients and doctors that their recalled curved intraluminal surgical staplers were defectively manufactured and could cause serious injury and death.


Trial Begins in Calif. Attorney General’s Pelvic Mesh Action Against J&J, Ethicon

Trial has begun in a lawsuit in which the California attorney general is accusing Johnson & Johnson and its subsidiary Ethicon of deceptively marketing its surgical mesh devices as safe while concealing a host of serious risks and complications, including permanent disability.


Issue #140, July 2019

La. Federal Judge Allows Two Taxotere Hair Loss Cases to Proceed

A Louisiana federal judge has allowed two Taxotere permanent hair loss actions to proceed, ruling that the plaintiffs’ claims are timely and there are questions of fact as to whether the learned intermediary doctrine bars the negligence and failure-to-warn claims.


Ill. Federal Judge Refuses to Reinstate $3 Million Verdict in Paxil Suicide Case

An Illinois federal judge has refused to reinstate a $3 million verdict in a Paxil suicide case despite a recent U.S. Supreme Court ruling in which it clarified the “clear evidence” standard in the context of whether the FDA would approve changes to a drug’s warning label.


Ohio Medtronic Pacemaker Case Remanded for Lack of Federal Question Jurisdiction

An Ohio federal judge has remanded a Medtronic pacemaker case to state court for lack of federal question jurisdiction, finding there is no substantial federal issue because the state court will not have to decide whether any government action was proper or constitutional.


Claims in Nevro Spinal Cord Stimulator Case Preempted, Fla. Judge Rules

Claims against Nevro Corp. in connection with its implantable spinal cord stimulator are preempted by federal law because the plaintiff failed to plead state law product liability claims that parallel federal regulations, a Florida federal judge has ruled.


2nd Amended Complaint Dismissed in Calif. Federal Amiodarone Action

A California federal judge has dismissed a complaint accusing the makers of Cordarone (amiodarone) of marketing the anti-arrhythmic drug for off-label use, ruling that the plaintiff failed to cure the pleading defects previously identified by the court.


Biomet Hip Case Remanded, N.J. Federal Judge Says Seller Defendants Properly Joined

A New Jersey federal judge has remanded a Biomet M2a Magnum hip case to state court, ruling that the plaintiffs have asserted colorable claims against the non-diverse seller defendants, destroying diversity jurisdiction.


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