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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 #145, December 2019

Judge Refuses to Certify BHR Hip Preemption Ruling for Interlocutory Appeal

A Maryland federal judge has denied Smith & Nephew Inc.’s request to make appealable a ruling that claims relating to the “hybrid” Birmingham Hip Resurfacing-THA and R3-THA hip replacement systems and components are not preempted.


3rd Cir. Remands Thousands of Fosamax Cases to N.J. Federal Court

The 3rd Circuit U.S. Court of Appeals has remanded thousands of Fosamax cases to New Jersey federal court for a determination as to whether federal law preempts the plaintiffs’ claims.


Boston Scientific Pelvic Mesh Case Survives Dismissal Motion in Ariz.

An Arizona federal judge has allowed failure-to-warn claims to proceed in a Boston Scientific pelvic mesh case, finding the plaintiffs adequately alleged that the company failed to provide adequate warnings to the implanting surgeon.


Pa. Appellate Court Upholds $76.6 Million Verdict in Risperdal Case

A Pennsylvania appellate court has upheld a $76.6 million plaintiffs’ verdict in a Risperdal male breast growth case, finding the evidence supported the jury’s award of damages to a 16-year-old boy and his mother.


N.J. High Court Asked to Coordinate Stryker Tritanium Acetabular Shell Lawsuits

Plaintiffs alleging injuries caused by Stryker’s Tritanium Acetabular Shell hip replacement device have asked the New Jersey Supreme Court to designate the cases as multicounty litigation, arguing that their claims have “common, recurrent issues of law and fact that are associated with a single product.”


N.J. High Court Creates Consolidated Docket for Proton Pump Inhibitor Lawsuits

The New Jersey Supreme Court has designated cases involving allegations of injuries from several popular heartburn drugs known as proton-pump inhibitors (PPIs) as multicounty litigation, according to a recent order.


Federal Judge Reverses Order Imposing Discovery Sanctions on Boston Scientific

A Minnesota federal judge has vacated a magistrate judge’s order imposing discovery sanctions on Boston Scientific Corp. in a qui tam action accusing it of selling defective cardiac defibrillators, ruling that a hearing should be held on the issue.


Pa. Court to Review Ruling Upholding Verdict in Ethicon Pelvic Mesh Case

A Pennsylvania appellate court has agreed to review en banc its ruling that a plaintiff’s verdict in an Ethicon pelvic mesh case was proper because the claims are not time-barred, and the trial court did not err in excluding certain evidence.


3rd Cir. Reinstates Zimmer Hip Case, Says Jury Must Decide Timeliness Issue

A federal appeals court has reinstated a Pennsylvania woman’s lawsuit alleging injuries caused by Zimmer Inc.’s Kinectiv Technology hip implant system with a VerSys femoral head, ruling that a jury must decide whether her claims are timely.


Pa. High Court Reinstates Risperdal Actions, Finds Questions of Fact as to Timeliness

The Pennsylvania Supreme Court has reinstated two Risperdal actions against Janssen Pharmaceuticals Inc., ruling there are questions of fact as to whether the plaintiffs were on notice by October 2006 that their enlarged breasts were caused by the drug.


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