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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

5th Cir. Upholds Award of Summary Judgment to Medtronic in Hernia Mesh Case

A federal appellate panel has upheld an award of summary judgment to Medtronic Inc. in a hernia mesh action, finding the plaintiffs’ failure to present expert testimony doomed their case.


Non-Manufacturing Sellers May Use ‘Innocent Seller’ Provision as Affirmative Defense, Miss. High Court Rules

The Mississippi Supreme Court has ruled that the “innocent seller” provision of the state’s Products Liability Act provides an affirmative defense for non-manufacturing product sellers because it gives immunity to innocent sellers without placing a burden of proof on a plaintiff.


Georgia Legislative Panel Recommends $250,000 Punitive Damages Cap

A Georgia legislative panel has recommended a series of tort reform measures, which include imposing a $250,000 cap on punitive damage awards in medical malpractice, product liability and personal injury actions.


Judge Allows Strict Liability Claims to Proceed in Pa. Federal Pelvic Mesh Action

A Pennsylvania federal judge has allowed strict liability claims to go forward against Coloplast Corp. in a pelvic mesh case, predicting that the state high court would recognize such claims against medical device manufacturers.


Strict Liability, Negligence Claims to Proceed in Covidien Hernia Mesh Case

A New York federal judge has allowed strict liability design defect and failure to warn claims to proceed against Covidien in a lawsuit targeting its hernia mesh products, finding they were adequately pled in the plaintiffs’ amended complaint.


Multi-Plaintiff Essure Case Remanded for Lack of Federal Jurisdiction

A Pennsylvania federal judge has remanded a multi-plaintiff Essure case for lack of federal jurisdiction, finding there is no actual dispute about the interpretation of federal law.


9th Cir. Reinstates 3rd Party Payor’s RICO Claims Against Takeda in Actos Case

A federal appeals court has reinstated Racketeer Influenced and Corrupt Organization Act claims accusing the maker of Actos of failing to warn prescribing doctors of a link between type 2 diabetes drug Actos and bladder cancer.


Plaintiff in Smith & Nephew Hip Case May Not Amend Manufacturing Defect, Warranty Claims

A Mississippi federal judge has denied a plaintiff’s motion to amend his manufacturing defect claim in a Smith & Nephew hip replacement action, finding the proposed amended claim does not explain how the components deviated from specification.


Class Action Alleging Link Between Allergan Biocell Implants and Rare Cancer Filed in Mich. Federal Court

DETROIT — Women who allege they developed symptoms of a rare immune system cancer after being implanted with Allergan’s BIOCELL line of textured breast implants have filed a class action seeking compensation for surgery to remove their implants, medical monitoring, and other medical expenses.


Zantac Defendants Support Efforts to Create MDL Docket

Defendants named in Zantac personal injury lawsuits have supported recent plaintiff efforts to create a multidistrict litigation docket for the growing number of cases, agreeing with the petitioner’s suggestion that the cases be centralized in the District of New Jersey.


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