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Preview: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News



Headline Emerging Drugs & Devices Legal News from LexisNexis®



 



Olympus Sanctioned With New 'Scope Trial, $250,000 For Discovery Violations
SEATTLE - A Washington state court judge on Jan. 16 sanctioned Olympus America Inc. for discovery violations in a duodenoscope wrongful death trial, ordering a new trial for consumer law violations and punitive damages and ordering the defendant to pay $250,000, retrial and translation costs in addition to the $1 million verdict from the first trial (Theresa Bigler, et al. v. Olympus America, Inc., et al., No. 15-2-05472-4, Wash. Super., King Co.).



4th Circuit Affirms $9M Verdict In Boston Scientific Pelvic Mesh Bellwether Cases
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Feb. 6 affirmed two verdicts totaling $9 million in a Boston Scientific Corp. multidistrict litigation bellwether trial, rejecting the defendant's arguments against consolidating four cases for trial, against two evidentiary rulings, against the adequacy of the evidence and against punitives damages based on the then-existing standard for punitive damages (Carol Campbell, et al. v. Boston Scientific Corporation, No. 16-2279, 4th Cir., 2018 U.S. App. LEXIS 2877).



Some Expert Opinions Stricken In Pelvic Sling Design Defect Lawsuit
HAMMOND, Ind. - An Indiana federal judge on Feb. 7 trimmed testimony from two experts for a woman who says a faulty pelvic organ prolapse device she had inserted caused her a multitude of physical injuries (Barbara Kaiser, et al. v. Johnson & Johnson, et al., No. 2:17-cv-114, N.D. Ind., 2018 U.S. Dist. LEXIS 19950).



11th Circuit Mostly Reverses Dismissal Of Defibrillator Vest Lawsuit Claims
ATLANTA - Relying on a recent circuit court rulings, the 11th Circuit U.S. Court of Appeals on Feb. 8 almost entirely reversed dismissal of a defibrillator vest lawsuit, saying the plaintiffs initially pleaded their claims to avoid preemption (Dennis Godelia, et al. v. Zoll Services, LLC, et al., No. 17-10726, 7th Cir., 2018 U.S. App. LEXIS 2994).



All 61 Minnesota State Court Bair Hugger Cases Dismissed After 3 Experts Excluded
ST. PAUL, Minn. - A Minnesota state court judge on Jan. 26 entered judgment in all 61 Bair Hugger post-surgical infection cases after ruling that the plaintiffs' general causation expert witnesses' "novel" theories are not generally accepted by the scientific community and because the litigation appears to be driven more by competition than by actual injury (In Re: 3M Bair Hugger Litigation, No. 62-CV-15-6432, Minn. Dist., Ramsey Co.).



Global Settlement Of Pennsylvania Metoclopramide Cases With 3 Defendants OK'd
PHILADELPHIA - A Pennsylvania state court on Feb. 5 entered a joint stipulation and global dismissal order for a settlement between plaintiffs claiming injury from metoclopramide - the generic version of the prescription heartburn drug Reglan - and Teva Pharmaceuticals USA Inc. and related entities PLIVA Inc. and Richmond Pharmaceuticals Inc. (In Re: Reglan/Metoclopramide Litigation, No. 100010997, Pa. Comm. Pls., Philadelphia Co.).



Settlement Agreement Reached In Zimmer NexGen Knee MDL, Lead Counsel Tell Judge
CHICAGO - Lead counsel in the Zimmer NexGen knee multidistrict litigation on Feb. 6 told an Illinois federal judge that they have reached an agreement in principle that will potentially resolve all MDL cases and similar cases filed in state court as of Jan. 15 (In Re: Zimmer NexGen Knee Implant Products Liability Litigation, MDL Docket No. 2272, N.D. Ill., Eastern Div.).



11th Circuit Affirms Summary Judgment In Davol Hernia Patch Case
ATLANTA - The 11th Circuit U.S. Court of Appeals on Feb. 7 said that Florida's learned intermediary doctrine applies to a claim in a hernia patch case and that the plaintiff presented insufficient evidence that the patch's ring buckled inside the plaintiff's abdomen (Norma Olmo, et al. v. Davol, Inc., et al., No. 17-11784, 11th Cir., 2018 U.S. App. LEXIS 3129).



NECC Pharmacist Sentenced To 8 Years For Fraud, Racketeering, Misbranded Drugs
BOSTON - The former supervising pharmacist at the New England Compounding Center (NECC) was sentenced Jan. 31 to eight years in federal prison for racketeering, mail fraud and introducing misbranded drugs into interstate commerce, according to the U.S. attorney for the District of Massachusetts (United States of America v. Glenn A. Chin, No. 14-cr-10363, D. Mass.).



NECC Pharmacist: Instead Of $82M In Restitution, Let Me Make Nominal Payments
BOSTON - The supervising pharmacist for the former New England Compounding Center (NECC) on Feb. 12 told a Massachusetts federal court that it should order him to pay none of the $82 million in restitution the government is seeking or should require him to make only nominal payments (United States of America v. Glenn A. Chin, No. 14-cr-10363, D. Mass.).



MDL Judge Names Opioid Settlement Teams, Imposes Gag Order On Details
CLEVELAND - The Ohio federal judge overseeing the opioid multidistrict litigation on Feb. 7 confirmed the membership of settlement negotiating teams and on Feb. 6 imposed a gag order on all parties (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-md-2804, N.D. Ohio, Eastern Div.).



State To High Court: Outside Counsel In Opioid Probe Doesn't Violate Due Process
WASHINGTON, D.C. - New Hampshire on Jan. 30 told the U.S. Supreme Court that its retention of outside counsel on a contingency basis to assist in a state investigation into the causes of its opioid crisis does not violate due process for four opioid manufacturers (Endo Pharmaceuticals, Inc. v. New Hampshire, No. 17-633, U.S. Sup.).



Parents In Wrongful Death Suit Against Teva Say Ruling On Experts 'Unremarkable'
WASHINGTON, D.C. - A drugmaker's claim that the Ninth Circuit U.S. Court of Appeals' reversal of a trial court's exclusion of expert causation testimony creates a circuit split should be seen for what it is - "little more than a fact-bound appeal of a decision with which it disagrees" - parents in a wrongful death suit against the company told the U.S. Supreme Court in their Feb. 2 respondents' brief (Teva Pharmaceuticals USA, Inc. v. Stephen Wendell, et ux., No. 17-747, U.S. Sup., 2018 U.S. S. Ct. Briefs LEXIS 477).



Abilify MDL Plaintiffs Seek To Sanction Otsuka For Spoliation Of Evidence
PENSACOLA, Fla. - Plaintiffs in the Abilify multidistrict litigation on Feb. 8 asked the court to sanction defendant Otsuka America Pharmaceutical Inc. for alleged spoliation of evidence (In Re: Ability [Aripiprazole] Products Liability Litigation, MDL Docket No. 2734, N.D. Fla., Pensacola Div.).



MDL For 84 Onglyza Diabetes Drug Cases Sent To Kentucky Federal Court
WASHINGTON, D.C. - A federal judicial panel on Feb. 2 centralized 84 federal lawsuits alleging that the diabetes drug Onglyza and a related combination drug cause heart failure and other injuries (In Re: Onglyza and Kombiglyze XR Products Liability Litigation, MDL Docket No. 2809, JPMDL, 2018 U.S. Dist. LEXIS 17208).



41 Sorin 3T Cases Centralized In MDL, Assigned To Pennsylvania Federal Judge
WASHINGTON, D.C. - A federal judicial panel on Feb. 1 said litigation involving the Sorin 3T Heater-Cooler is now large and diversified enough to warrant centralization of 41 federal cases in a multidistrict litigation (In Re: Sorin 3T Heater-Cooler System Products Liability Litigation [No. II], MDL Docket No. 2816, JPMDL).



Biomet Hip MDL Judge Denies Defense State-Of-The-Art Summary Judgment Motion
SOUTH BEND, Ind. - In response to what an Indiana federal judge called two "head-scratching" motions, a federal judge in Indiana on Feb. 8 denied Zimmer Biomet Holding Inc.'s (Biomet) motions for summary judgment on a state-of-the-art defense regarding its metal-on-metal hips and for lack of causation testimony in four non-metal-on-metal hip cases (In Re: Biomet M2a Magnum Hip Implant Products Liability Litigation, MDL Docket No. 2391, No. 12-md-2391, N.D. Ind., South Bend Div., 2018 U.S. Dist. LEXIS 20758).



Investor Class Certified In Securities Suit Against Medical Technology Company
MINNEAPOLIS - Shareholders have properly shown that an investor class in a securities class action lawsuit against a medical technology provider and several of its current and former executive officers meets all statutory requirements for certification, a federal judge in Minnesota ruled Jan. 30 in granting class certification, albeit with a shorter class period than proposed (West Virginia Pipe Trades Health & Welfare Fund v. Medtronic Inc., et al., No. 13-1686, D. Minn.; 2018 U.S. Dist. LEXIS 14744).






7th Circuit: Quirk Preempts 1,000s Of Testosterone Cases Involving 'Depo-T'
CHICAGO - The Seventh Circuit U.S. Court of Appeals on Jan. 19 said a regulatory quirk in how the testosterone drug Depo-T is classified means that thousands of product liability claims involving the drug are preempted (Rodney Guilbeau, et al. v. Pfizer Inc., et al., No. 17-2056, 7th Cir., 2018 U.S. App. LEXIS 1285).



Defense Verdict Returned In 4th AndroGel MDL Bellwether Trial
CHICAGO - An Illinois federal jury on Jan. 26 returned a defense verdict for AbbVie Inc. in the fourth AndroGel multidistrict litigation bellwether trial (Robert Nolte v. AbbVie, Inc., et al., No. 14-8135, N.D. Ill.).



Accutane New Jersey Appeals Court Affirms 4 Accutane Cases Are Time-Barred
TRENTON, N.J. - The New Jersey Superior Court Appellate Division on Jan. 30 affirmed the dismissal of four Accutane bowel injury cases as time-barred (Kristy Brecke v. Hoffman-La Roche Inc., No. A-1359-14T4, Gregory Luongo v. Hoffman-La Roche Inc., No. A-1361-14T4, James Albert Boerma, Jr. v. Hoffman-La Roche Inc., No. A-2581-14T4, Brian Thomas Zimpfer v. Hoffman-La Roche Inc., No. 2582-14T4, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 226).



11th Circuit Affirms Summary Judgment In Enbrel Case For Lack Of Experts
ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 22 affirmed summary judgment in an Enbrel infection case, finding that Florida's learned intermediary doctrine was property applied in a summary judgment ruling and that the plaintiff failed to address a later summary judgment ruling on causation testimony (Rebecca A. Small, et al. v. Amgen, Inc., et al., No. 17-11440, 11th Cir.).



Restitution, Attorney Fees Tentatively Out In California State's Opioid Suit
SANTA ANA, Calif. - In a tentative ruling on defense demurrers and motions, a California state judge on Jan. 22 struck a state county's claim for restitution and attorney fees in an ongoing opioid lawsuit against various drug manufacturers (The People of the State of California, et al. v. Purdue Pharma L.P., et al., No. 30-2014-00725287-CT-BT-CXC, Calif. Super., Orange Co.).



Opioid Claims Against Doctors, Drug Makers Are Intertwined; Remand Recommended
MOBILE, Ala. - An Alabama federal magistrate judge on Jan. 19 remanded an opioid case to state court after finding that prescribers were not fraudulently joined but are part of the plaintiff's case against them and the drug manufacturers (The Estate of Bruce Brockel v. Purdue Pharma L.P., et al., No. 17-521, S.D. Ala., Southern Div., 2018 U.S. Dist. LEXIS 9729).



Jan. 31 Opioid MDL Conference Will Be Devoted To Settlement Talks, Judge Orders
CLEVELAND - The Ohio federal judge overseeing the opioid multidistrict litigation on Jan. 24 issued an order converting the daylong Jan. 31 conference to one devoted entirely to settlement discussions (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-md-2804, N.D. Ohio, Eastern Div.).



Judge Refuses To Remand Fraud Suit For Improper Service To Defendant Doctor
PHILADELPHIA - A federal judge in Pennsylvania on Jan. 12 denied a motion to remand filed by Aetna Inc. and Aetna Health Management LLC, finding that their attempt to provide service to a defendant doctor accused of conspiring to submit claims for an opioid-based pain medication for cancer patients was improper because the complaint was not sent to a location with a person who could accept service on his behalf (Aetna Inc., et al. v. Insys Therapeutics Inc., et al., No. 17-4812, E.D. Pa., 2018 U.S. Dist. LEXIS 6943).



Pennsylvania Panel Finds Jury Was Properly Instructed About Prescription Rules
PHILADELPHIA - A Pennsylvania appeals court panel on Jan. 26 affirmed a doctor's sentence for illegally prescribing opioid medications and submitting fraudulent bills to insurance companies after finding that the jury was properly instructed about the state's standards for properly prescribing the drugs (Commonwealth of Pennsylvania v. Lawrence P. Wean, Nos. 1165 EDA 2016, 1167 EDA 2016, Pa. Super., 2018 Pa. Super. Unpub. LEXIS 240).



$83M Restitution Request For NECC Pharmacist Put On Hold By Judge
BOSTON - A Massachusetts federal judge on Jan. 30 granted a motion by a former New England Compounding Center (NECC) pharmacist to continue the restitution phase of his sentencing so he can review and respond to victim impact statements (United States of America v. Glenn A. Chin, No. 14-cr-10363, D. Mass.).



U.S. Attorney Seeks $611,774 In Forfeiture Against NECC Chief Pharmacist
BOSTON - The United States on Jan. 16 asked a district court to order former New England Compounding Center (NECC) pharmacist Glenn A. Chin to forfeit $611,744 following his conviction for racketeering, mail fraud and selling adulterated and misbranded drugs (United States of America v. Glenn A. Chin, No. 14-10363, D. Mass.).



Trial Of Last 9 NECC Defendants Rescheduled From March To October
BOSTON - Due to attorney schedule conflicts and the need to bring two recently reinstated defendants up to speed, the judge presiding over the New England Compounding Center (NECC) criminal case on Jan. 25 rescheduled the trial of the remaining nine criminal defendants from March 16 to Oct. 4 (United States of America v. Gene Svirskiy, et al., No. 14-10363, D. Mass.).



510(k) 'Defense' Will Be Allowed In Bard IVC Filter Bellwether Trial
PHOENIX - An Arizona federal judge overseeing the C.R. Bard Inc. inferior vena cava (IVC) filter multidistrict litigation on Jan. 29 denied a plaintiff motion to preclude evidence about the devices' 510(k) clearance in an upcoming bellwether trial, but said he will put the evidence in context and will not allow it to be used as evidence that the devices are approved by the Food and Drug Administration (In Re: Bard IVC Filters Products Liability Litigation, MDL Docket No. 2641, No. 15-2641, Sherr-Una Booker v. C.R. Bard, Inc., et al., No. 16-474, D. Ariz., 2018 U.S. Dist. LEXIS 13650).



Utah High Court Asked If 'Unavoidably Unsafe' Applies To Medical Devices
SALT LAKE CITY - A Utah federal judge on Jan. 23 asked the Utah Supreme Court whether the state recognizes the unavoidably unsafe product doctrine for medical devices, such as hip implants, as well as drugs (Dale Burningham, et al. v. Wright Medical Group, Inc., No. 17-92, D. Utah, 2018 U.S. Dist. LEXIS 10726).



Most Claims Struck In Wright Profemur Hip Case
WATERLOO, Iowa - An Iowa federal judge on Jan. 26 dismissed most claims in a metal-on-metal hip lawsuit and found no personal jurisdiction of Wright Medical Group Inc. (WMG) (Rebecca Dumler, et al. v. Wright Medical Technology, Inc., et al., No. 17-2033, N.D. Iowa, Eastern Div., 2018 U.S. Dist. LEXIS 12667).



Actos Class Action Declared Moot; Plaintiffs Took 2014 Global Settlement
LOS ANGELES - A California federal judge on Jan. 25 dismissed for lack of jurisdiction an Actos class action because the four plaintiffs previously settled their individual claims against the diabetes drug maker Takeda Pharmaceuticals America Inc. (Gary Bernor, et al. v. Takeda Pharmaceuticals America Inc., et al., No. 12-04856, C.D. Calif., 2018 U.S. Dist. LEXIS 13248).



92 Non-Missouri Plaintiffs Dismissed From Essure Suit On Personal Jurisdiction
ST. LOUIS - A Missouri federal judge dismissed 92 plaintiffs from a multiplaintiff Essure lawsuit Jan. 24, finding that the court lacked personal jurisdiction over the non-Missouri plaintiffs (Nedra Dyson, et al. v. Bayer Corporation, et al., No. 17-2584, E.D. Mo., Eastern Div., 2018 U.S. Dist. LEXIS 11300).



2 Remaining Celexa/Lexapro Class Actions Dismissed On Summary Judgment In MDL
BOSTON - The Massachusetts federal judge presiding over the Celexa/Lexapro multidistrict litigation on Jan. 26 granted summary judgment in two remaining class actions (In Re: Celexa and Lexapro Marketing and Sales Practices Litigation, MDL Docket No. 2067, No. 09-2067, Painters and Allied Trades, et al. v. Forest Laboratories, Inc., et al., No. 13-13113, Delana S. Kiossovski, et al. v Forest Laboratories, Inc., et al., No. 14-13848, D. Mass., 2018 U.S. Dist. LEXIS 13579).



Hernia Patch Case Dismissed In Stomach Removal Case With Leave To Amend
ROCHESTER, N.Y. - A New York federal judge on Jan. 26 dismissed without prejudice a lawsuit in which a woman alleges that a hernia patch caused the removal of her stomach (Sharon Black, et al. v. Coviden, PLC, et al., No. 17-6085, W.D. N.Y., 2018 U.S. Dist. LEXIS 13185).



Supplier Dismissed From Hernia Plug Suit As Unrelated To Device Manufacturers
HANNIBAL, Mo. - A Missouri federal judge on Jan. 18 dismissed a supplier in a C.R. Bard/Davol Inc. PerFix Plus products liability lawsuit, saying the supplier is not a subsidiary of the main defendants as the plaintiff alleges (Jonathan Greenwood v. Davol, Inc., et al., No. 17-39, E.D. Mo., Northern Div., 2018 U.S. Dist. LEXIS 7748).



Ex-FDA Deputy Director Sentenced, Ordered To Pay $108,000 For Insider Trading
NEW YORK - A New York federal judge on Jan. 25 sentenced a former Food and Drug Administration official to time served and ordered him to forfeit $108,000 for his role in a scheme to get insider information about generic drug approvals and to make financial gains when securities prices rose or fell (United States of America v. Gordon Johnston, No. 16-cr-406, S.D. N.Y.).






Pennsylvania Judge Grants JNOV In 1st Xarelto Case, Voids $27.8M Award
PHILADELPHIA - A Pennsylvania judge on Jan. 10 granted judgment notwithstanding the verdict in the state's first Xarelto trial, vacating a $27.8 million plaintiff verdict (Hartman v. Janssen Pharmaceuticals, Inc., et al., No. 160503416, Pa. Comm. Pls., Philadelphia Co.).



California Appeals Court Vacates $5.6M Risperdal Wrongful Death Verdict
LOS ANGELES - A California appeals panel on Jan. 3 vacated a $5.6 million Risperdal wrongful death verdict, finding that negligence turned more on medical malpractice than it did drug maker liability (Marion Liu, et al. v. Janssen Research & Development, LLC, Nos. B269318 and B270332, Calif. App., 2nd Dist., Div. 5, 2018 Cal. App. Unpub. LEXIS 47).



Pennsylvania Appeals Court Reverses Punitives Ban In Risperdal Gynecomastia Case
PHILADELPHIA - A Pennsylvania appeals court on Jan. 8 reversed a trial court ruling barring punitive damages in a Risperdal gynecomastia case, saying the court needs to evaluate whether punitives are allowed by Wisconsin law (Timothy Stange v. Janssen Pharmaceuticals, Inc., et al., Nos. 739 EDA 2016 and 1549 EDA 2016, Pa. Super., 2018 Pa. Super. LEXIS 11).



1st Circuit Reverses Dismissal Of 3 Pharmacists From NECC Misbranded Drug Case
BOSTON - The First Circuit U.S. Court of Appeals on Jan. 12 reversed the dismissal of criminal charges against three pharmacists who shipped misbranded drugs from the former New England Compounding Center (NECC), saying that whether the pharmacists knew that the drugs were going out under phony patient names is a question of fact for a jury (United States of America v. Alla V. Stepanets, et al., Nos. 16-2502, 16-2403, 16-2404, 1st Cir., 2018 U.S. App. LEXIS 871).



Avandia MDL Judge Defers Injunction Against Illinois State Court Over Fees
PHILADELPHIA - The Pennsylvania federal judge overseeing the Avandia multidistrict litigation on Jan. 2 deferred an injunction against an Illinois state court in a common fund fee dispute and directed the parties to first provide a copy of her opinion to the state court (In Re: Avandia, MDL Docket No. 1871, E.D. Pa., 2018 U.S. Dist. LEXIS 481).



Plaintiffs' Firm, Trustee Settle Indemnification Dispute After Appeal Hearing
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 11 agreed to hold in abeyance a ruling on a plaintiff attorney's reimbursement of an Avandia settlement trustee after the parties told the court Jan. 9 that they reached a tentative settlement (In Re: Avandia Marketing, et al., No. 16-2887, 3rd Cir.).



U.S. Supreme Court Asked To Negate False Claims If United States Continues To Pay Bills
WASHINGTON, D.C. - Drug maker Gilead Sciences Inc. on Dec. 26 asked the U.S. Supreme Court to rule that no false claims lawsuits can be brought when the government continues to pay for drugs at issue (Gilead Sciences, Inc. v. United States, ex rel. Jeffrey Campie, et al., No. 17-936, U.S. Sup.).



False Claims Complaint For Hospira Infusion Pump Unsealed By Chicago Judge
CHICAGO - The United States and Illinois on Jan. 10 declined to intervene in a complaint by a whistleblower that Pfizer Inc. and Hospira Inc. ignored quality problems with an infusion pump (United States of America, et al., ex rel. Michael Thornton v. Pfizer, Inc., et al., No. 16-7142, N.D. Ill.).



Federal Judge: New Hampshire's Opioid Lawsuit Isn't A Class Action; Case Remanded
CONCORD, N.H. - A New Hampshire federal judge on Jan. 9 granted a motion by New Hampshire to remand its opioid lawsuit against Purdue Pharma LP to state court, agreeing that the state's lawsuit as a parens patriae action does not convert it into a federally removable class action under the Class Action Fairness Act (CAFA), 119 Stat. 4 (State of New Hampshire v. Purdue Pharma, et al., No. 17-427, D. N.H, 2018 U.S. Dist. LEXIS 3492).



Judge Halts Tribal Court From Hearing Cherokee Tribe's Opioid Claims
TULSA, Okla. - An Oklahoma federal judge on Jan. 9 stopped the Cherokee Nation from pursuing negligence claims in tribal court against drug distributors and retail pharmacy operators for contributing to the opioid crisis in Indian country, finding that the tribe is unlikely to show that it has jurisdiction over the claims in the tribal court (McKesson Corporation, et al. v. Todd Hembree, No. 17-cv-323, N.D. Okla., 2018 U.S. Dist. LEXIS 3700).



Endo Pharmaceuticals Parent Says It Got Grand Jury Subpoena For Oxymorphone
DUBLIN, Ireland - Endo International plc on Jan. 11 announced that subsidiary Endo Pharmaceuticals Inc. has received a grand jury subpoena from the U.S. attorney for the Southern District of Florida for documents and information about the company's oxymorphone products.



FDA: Don't Use Codeine, Hydrocodone In Patients Under 18
SILVER SPRING, Md. - The Food and Drug Administration on Jan. 11 required new warnings on prescription cough and cold medicines containing codeine and hydrocodone that the drugs are not to be used in people under 18 because the risks outweigh the benefits.



Claims That Breast Implant Maker Concealed Leaks Can Proceed, Illinois Judge Says
CHICAGO - An Illinois federal judge on Jan. 11 said a plaintiff can proceed with her claim that Mentor Worldwide LLC concealed the risk of leaks from its MemoryGel breast implants and dismissed without prejudice her other claims as preempted (Catherine Gravitt, et al. v. Mentor Worldwide, LLC, No. 17-5428, N.D. Ill., Eastern Div., 2018 U.S. Dist. 4822).



Cook IVC MDL Case Remanded To Avoid Severing Doctor, Allow 'Empty Chair' Defense
INDIANAPOLIS - An Indiana federal judge overseeing the Cook inferior vena cava (IVC) filter multidistrict litigation on Jan. 11 remanded a case to state court, finding that the implanting doctor is an indispensable party to the case and that severing him would allow product liability defendant Cook Medical Inc. to use the "empty chair" defense in a solely federal proceeding (In Re: Cook Medical, Inc., IVC Filters, No. 14-ml-2570, Berman-Cheung, et al. v. Cook Medical, Inc., No. 17-6076, S.D. Ind., Indianapolis Div.).



4th AndroGel MDL Bellwether Trial Is Under Way In Illinois Federal Court
CHICAGO - The fourth AndroGel multidistrict litigation bellwether trial got under way on Jan. 8 in the U.S. District Court for the Northern District of Illinois (Robert Nolte v. AbbVie, Inc., et al., No. 14-8135, N.D. Ill.).






FDA Warns Of Adverse Events, Deaths From High-Tech Nasogastric Feeding Tubes
SILVER SPRING, Md. - The Food and Drug Administration on Jan. 11 warned that improper placement of technology enabled nasogastric feeding has led to pneumothorax adverse events that include cardiac arrest and at least 16 patient deaths.