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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 #146, January 2020

Exatech Hip Device Lawsuit Time-Barred, Tenn. Federal Judge Rules

A Tennessee federal judge has refused to reconsider her ruling that a lawsuit targeting Exatech Inc.’s AcuMatch hip implant is time-barred because there is a lack of evidence that the plaintiff suffered from a “latent disease” which would toll the limitations period.


New Trial Ordered in Bellwether Cook IVC Filter Case

An Indiana federal judge has ordered a new trial in a bellwether Cook Medical Inc. inferior vena cava filter action, ruling that one of the plaintiffs’ exhibits should not have been admitted because it constituted hearsay and severely prejudiced the defendant.


Majority of Claims Dismissed in Ky. Federal Ethicon Prolift Pelvic Mesh Case

A Kentucky federal judge has trimmed claims of negligence, strict liability, gross negligence and loss of consortium from an Ethicon Prolift pelvic mesh action, ruling they are time-barred because the plaintiffs were on notice of their claims more than a year before they were filed.


Criminal Conviction Prevents Woman from Suing Lexapro Maker, 9th Cir. Affirms

A woman who was found guilty of attempting to murder her ex-husband is collaterally estopped from suing the manufacturer of the anti-depressant drug she was taking at the time of the attack, a federal appeals court has affirmed.


Trial Begins in Fla. Federal Ethicon Pelvic Mesh Action

Trial has begun in a case in which a Florida woman alleges her implantation of an Ethicon Artisyn pelvic polypropylene mesh device caused her to suffer substantial injuries.


Plaintiff May Amend Complaint in Allergan Breast Implant Case, Federal Judge Rules

Louisiana federal judge has allowed a plaintiff to file an amended complaint in a lawsuit involving a ruptured Allergan Natrelle breast implant in order to state plausible claims of construction defect, inadequate warning and breach of warranty.


N.M. Court Upholds $2 Million Verdict in Zimmer Dual-Modular Hip Implant Case

A New Mexico appeals court has upheld a $2 million verdict issued in a lawsuit targeting Zimmer’s dual-modular hip implant device, ruling that the evidence supported the trial court’s findings that the device was defective.


Ind. Federal Judge Dismisses Warning, Design Defect Claims in Medtronic Pump Action

An Indiana federal judge has dismissed failure-to-warn and design defects in a Medtronic SynchroMed II pump action, finding they are preempted because they seek to impose state regulations that are “different from, or in addition to” federal law.


Counsel for Breast Implant Plaintiffs Writes Letter to MDL Judge, Details Initial Efforts on Case Management

Counsel for plaintiffs with breast implant claims pending against Allergan have written a letter to the judge assigned to oversee the newly created multidistrict litigation docket outlining initial efforts on the organization and case management of the class actions and individual cases.


Actavis Inc. Denied Summary Judgment in Bellwether Testosterone Replacement Therapy Case

An Illinois federal judge has refused to dismiss a bellwether testosterone replacement therapy case against Actavis Inc., finding the claims are not preempted because there is no clear evidence that the FDA would have rejected enhanced warnings regarding cardiovascular events.


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