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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 #151, June 2020

Fla. Federal Judge Recuses Self from Bard IVC Filter Action

A Florida federal judge has recused himself from a C.R. Bard inferior vena cava filter action on the basis that his court reporter’s sister is a plaintiff in a similar action pending in the same court.


Calif. Man Says NDMA-Contaminated Zantac Caused Prostate Cancer

A California man has sued GlaxoSmithKline in state court, alleging that its popular over-the-counter antacid Zantac contains “staggering amounts” of N-nitrosodimethylamine (NDMA), causing him to develop prostate cancer.


Personal Jurisdiction Lacking in Out-Of-State Essure Claims, Ill. High Court Rules

Illinois courts may not exercise specific personal jurisdiction over Bayer Essure personal injury claims filed by out-of-state plaintiffs who did not undergo implantation of the birth control device in Illinois, the state high court has ruled.


Covidien Defendants Seek Creation of MDL Docket for Hernia Mesh Actions

Defendants in actions alleging injuries caused by Covidien hernia mesh products have asked the Judicial Panel for Multidistrict Litigation to create a coordinated federal docket for the cases, noting the panel has already established four MDLs for hernia mesh litigation.


Taxotere MDL Judge Slashes Certain Plaintiffs’ Permanent Hair Loss Claims

The judge overseeing the Taxotere multidistrict litigation docket has dismissed the claims of certain plaintiffs who took the drug before Dec. 15, 2006, finding that under Louisiana law, defendants did not have a duty to warn of the risk of alopecia before that date.


Del. Federal Magistrate Judge Says Claims in GE GBCA Case Preempted

A Delaware federal magistrate judge has opined that a failure-to-warn claim against GE Healthcare in a gadolinium-based contrast agent case is preempted because the plaintiff failed to identify any newly acquired information that would have supported a label change via the Changes Being Effected regulation.


MicroPort Dismissed from Calif. Federal Profemur Hip System Action

A California federal judge has dismissed MicroPort Orthopedics Inc. from a Wright Profemur hip action, ruling that MicroPort did not assume Wright Medical’s liability in acquiring the company’s hip and knee division.


Action Targeting Merck’s Cancer Immunotherapy Dismissed With Leave to Amend

A Washington federal judge has dismissed a lawsuit accusing Merck Sharp & Dohme Corp. of failing to warn that its cancer treatment can cause permanent bladder damage, ruling that the complaint “severely lacks non-conclusory factual allegations that state a plausible claim for relief.”


Pa. Federal Judge Refuses to Create New ‘FDA Exception’ to Learned Intermediary Doctrine

A Pennsylvania federal judge has refused to create a new “FDA exception” to the learned intermediary doctrine in an amiodarone wrongful death action, ruling that “it would break new ground and significantly expand liability” under commonwealth law.


9th Cir. Panel Upholds Dismissal of Mentor Silicone Breast Implant Action on Preemption Grounds

A federal appeals court has upheld dismissal of a silicone breast implant action, finding the claims are preempted because the plaintiff failed to sufficiently allege that Mentor Worldwide LLC violated state law claims that are parallel to federal regulations.


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