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.
Nov 18, 2016 - Even as generic drugmaker Mylan is dealing with a host of other issues, it is recalling more than 100,000 packages of clonazepam, its generic.
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Issue #170, February 2016
Strict Liability, Negligence Claims Dismissed Without Prejudice in Florida Prempro Action
A Florida federal judge has dismissed without prejudice strict liability, negligence, and negligent misrepresentation claims asserted against the makers of Prempro, ruling that they were not supported by sufficient facts and/or inadequately pled.
N.J. Judge Dismisses 31 Cases in Accutane Mass Tort, Citing Learned Intermediary Doctrine
Download the social network film. The judge overseeing the Accutane mass tort docket in New Jersey has dismissed 31 cases in which the plaintiffs’ prescribing doctors said they would have prescribed the acne drug even if the accompanying warning had been different.
Claims in Boston Scientific Spinal Cord Stimulator Case Preempted, Okla. Federal Judge Rules
Claims asserted against Boston Scientific Corp. in connection with its spinal cord stimulator are federally preempted because they are based on state requirements related to safety and effectiveness that are “different from, or in addition to” federal requirements, an Oklahoma federal judge has ruled.
Plaintiff Directed to Ask FDA to Investigate Alleged Use of Counterfeit Resin in Transvaginal Mesh Devices
A West Virginia federal judge has directed a plaintiff to ask the Food and Drug Administration to investigate Boston Scientific's use of allegedly counterfeit polypropylene resin in its transvaginal mesh devices, explaining that the agency should be given the first opportunity to decide whether the mesh should be banned for use in such devices.
New Lawsuit Accuses Multaq Makers of Hiding Risks of Severe Cardiovascular, Liver Injuries
Five individuals have accused the makers of Multaq of failing to adequately warn patients and healthcare providers of the risks of severe cardiovascular and liver injuries posed by the anti-arrhythmic drug.
Arizona High Court Adopts Learned Intermediary Doctrine, Says it is Not Displaced by UCATA
The Arizona Supreme Court has adopted the learned intermediary doctrine, ruling that it is not displaced by the Uniform Contribution Among Tortfeasors Act because the doctrine and the Act address two distinct subjects and are not mutually exclusive.
Zofran MDL Judge Says GSK’s Preemption Arguments Are Not Ripe, Denies Motion to Dismiss
The judge overseeing the federal Zofran (ondansetron) docket has denied GlaxoSmithKline’s motion to dismiss all claims, ruling that the record needs to be further developed before the drug maker’s preemption arguments can be considered.
Issue #169, January 2016
Defendants Move to Exclude Testimony in Ongoing Pinnacle Hip Implant Trial
The defendants involved in a consolidated Pinnacle Hip Implant injury trial has moved to exclude the testimony of Dr. Bernard F. Morrey, contending that the plaintiffs are utilizing a “trial-by-ambush” strategy of characterizing their expert witnesses as non-retained experts.
La. Federal Judge Dismisses Fraud, Unfair Trade Practices Claims Against Medtronic in Infuse Bone Graft Action
A federal judge has dismissed fraud and Louisiana Unfair Trade Practices and Consumer Protection Act claims asserted against Medtronic in connection with its Infuse bone graft device, agreeing with a magistrate judge that they are subsumed by the state Product Liability Act.
MDL Judge Suggests Remand of Mentor ObTape Case to Minn. Federal Court for Trial
The judge overseeing the Mentor Corp. ObTape transvaginal mesh multidistrict litigation has suggested remand of a case to the District of Minnesota for trial, noting that the parties did not agree to a waiver of venue and therefore a trial cannot be held in the MDL court.