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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 #152, July 2020

Cook Medical Seeks Dismissal of Fraudulent Concealment Claims in IVC Filter MDL

Cook Medical Inc. has moved to dismiss fraud claims asserted by plaintiffs in the IVC filter multidistrict litigation, arguing that they are not pled with the particularity required by Rule 9(b) and plaintiffs failed to plead all the elements necessary to establish fraudulent concealment.


Biomet M2a-Taper Hip Action to Proceed in Iowa Federal Court on Design Defect Theory

An Iowa federal magistrate judge has denied in part Biomet Inc.’s motion for summary judgment in an M2a-Taper hip action, finding there is a question of fact as to whether the plaintiff’s left hip failure was caused by infection or a defective hip replacement device.


Wright Opposes Coordination of Profemur Modular Hip Device Cases

Wright Medical has opposed creation of an MDL docket for cases involving hip devices consisting of a Profemur total hip implant modular femoral neck coupled with a modular titanium Profemur femoral stem, arguing that the parties can effectively manage the cases without federal court coordination.


La. Federal Stryker Triathlon Knee Case Dismissed with Leave to Amend

A Louisiana federal judge has dismissed a lawsuit targeting Stryker Corp.’s Triathlon Total Knee System, ruling that the plaintiff failed to sufficiently allege that her device was defective and accompanied by inadequate warnings.


Shire Awarded Summary Judgment in Lialda Case for Lack of Proximate Causation

An Alabama federal judge has awarded Shire summary judgment in a lawsuit targeting its colitis drug Lialda, ruling that the plaintiff failed to prove that the allegedly inadequate warnings concerning the risk of kidney damage proximately caused his injuries.


Issue #151, June 2020

Md. Federal Judge Dismisses Mentor Silicone Breast Implant Lawsuit Without Prejudice

A Maryland federal judge has dismissed without prejudice a complaint accusing Mentor of failing to adequately warn that its MemoryGel silicone breast implants may rupture, finding the claims are preempted because the plaintiff failed to allege how the company violated the Medical Device Amendments.


Pa. Federal Judge Dismisses Foreign Defendant from Lawsuit Involving Iron Replacement Drug

A Pennsylvania federal judge has dismissed a Swiss defendant for lack of personal jurisdiction in an action involving an iron replacement drug, ruling that the company has not “personally directed its activities” at the commonwealth.


N.J. Judge Recommends Remand of Hip Implant Cases, Cautions Howmedica Against ‘Purposefully Making Agents Unavailable’

A New Jersey magistrate judge has recommended the remand of hip implant lawsuits asserted against Howmedica Osteonics Corp., concluding that state law is “clear that a corporation is properly served with process via service on its appointed agent.”


Tasigna Lawsuit to Proceed Against Novartis in N.M. Federal Court

A New Mexico federal judge has refused to dismiss a lawsuit targeting Novartis Pharmaceuticals Corp.’s blood cancer drug Tasigna, ruling that it cannot be determined that the claims are untimely at this stage in the case.


La. Woman Says Weight Loss Drug Belviq Caused Breast Cancer

A Louisiana woman has sued EISAI Inc. and Arena Pharmaceuticals in federal court, alleging that her use of the weight loss drug Belviq (lorcaserin hydrochloride) caused her to develop breast cancer.


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