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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 #136, March 2019

Fla. Federal Judge Retains Jurisdiction Over Cormet Hip System Case

A Florida federal judge has refused to remand a Cormet metal-on-metal hip system case to state court, ruling that defendant Corin USA Limited’s principal place of business is in England, not Florida, and therefore diversity jurisdiction exists.


Federal Question Jurisdiction Lacking in Artificial Lens Case, N.Y. Federal Judge Rules

A New York federal judge has sent an artificial lens implant case to state court, ruling that the exercise of federal question jurisdiction over the plaintiff’s state law claims would disrupt the federal-state balance contemplated by Congress under the Medical Device Amendments.


N.Y. Federal Judge Allows Expert Testimony in Howmedica Hip Action

The plaintiff in a Howmedica Osteonics Corp. hip implant case may present expert testimony despite having failed to meet discovery deadlines, because such testimony is critical to her claims, a New York federal judge has ruled.


Federal Court Lacked Jurisdiction Over Essure Case, 4th Cir. Rules, Reinstating Action

The 4th Circuit U.S. Court of Appeals has reinstated an Essure birth control case, ruling that the federal district court that dismissed the case on preemption grounds lacked jurisdiction because the claims did not “necessarily raise” disputed federal issues as required by 28 U.S.C. § 1441.


Learned Intermediary Doctrine Applies to Birth Control Devices, Neb. Federal Judge Rules

A Nebraska federal judge has dismissed a lawsuit accusing the maker of an intrauterine birth control device of failing to adequately warn a patient that it could break or become embedded in the uterus, a Nebraska federal judge has held, ruling that the learned intermediary doctrine applies to contraceptive devices.


iBalance Knee Case to Proceed on Theories of Negligence, Fraud in Pa.

A Pennsylvania federal judge has allowed an iBalance knee replacement lawsuit to proceed on theories of negligence and fraud, rejecting Arthrex Inc.’s preemption defense as premature.


Claims Against M2a Hip Designer Dismissed for Lack of Jurisdiction

The judge overseeing the Biomet M2a multidistrict litigation docket has dismissed claims asserted in 23 cases against the designer of the hip device and his company for lack of personal jurisdiction, ruling that they did not have the requisite contacts with the plaintiffs’ home states.


Manufacturing Defect Claim to Proceed in Utah Federal Wright Medical Hip Case

A Utah federal judge has refused to dismiss a manufacturing defect claim asserted against Wright Medical Technology Inc. in connection with its hip replacement system, ruling that the plaintiff sufficiently identified the allegedly defective components.


Bayer Prevails in Tenn. Federal Yaz Stroke Case on Preemption Defense

Bayer has prevailed in a lawsuit asserted by a woman who suffered a stroke after taking birth control pill Yaz because a Tennessee federal judge found no evidence that the drug maker wrongly failed to update its warning label with new information regarding the drug’s risks.


Arthrex iBalance Knee Lawsuit to Proceed in Pa., Survives Dismissal Motion

A Pennsylvania federal judge has refused to dismiss a lawsuit targeting Arthrex Inc.’s iBalance knee implant, finding the plaintiffs’ claims are timely because the limitations period did not start running until the plaintiff’s second knee implant failed.


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