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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®


U.S. High Court Won't Review Exclusion Of 510(k) Defense In Pelvic Mesh Case
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 said that it will not review federal multidistrict litigation court and federal circuit court rulings that evidence about a pelvic mesh device's approval through the less-stringent 510(k) process cannot be used to show Food and Drug Administration approval of the devices for safety and efficacy (Ethicon, Inc., et al. v. Jo Huskey, et vir., No. 16-1399, U.S. Sup., U.S. S.Ct. Briefs LEXIS 2913).

11th Circuit Asks Texas High Court When Discovery Rule Started In Pelvic Mesh Case
ATLANTA - The 11th Circuit U.S. Court of Appeals on Sept. 20 asked the Texas Supreme Court to rule whether a pelvic mesh plaintiff has to know of the defendant's alleged wrongdoing before her claim accrues under the Texas discovery rule (Ann Marie Bergin v. Mentor Worldwide LLC, et al., No. 16-14364, 11th Cir., 2017 U.S. App. LEXIS 18199).

U.S. Supreme Court Won't Hear Jurisdiction Appeal In California Reglan Cases
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a renewed certiorari petition by Teva Pharmaceuticals USA Inc. to find that a California state coordinating court does not have jurisdiction over metoclopramide failure-to-update claims brought by four out-of-state plaintiffs for prescriptions not written in California (Teva Pharmaceuticals USA, Inc. v. The Superior Court of San Francisco County, et al., No. 16-1364, U.S. Sup.).

AmerisourceBergen Pleads Guilty, Pays $260M For Repackaging Cancer Drugs
BROOKLYN, N.Y. - AmerisourceBergen Specialty Group on Sept. 27 pleaded guilty to illegally distributing adulterated cancer drugs and agreed to pay $260 million in criminal fines and criminal forfeiture (United States of America v. AmerisourceBergen Specialty Group, LLC, No. 17-cr-507, E.D. N.Y.).

Aegerion To Pay $35M To Settle Criminal, False Claims Cases, $4M To Settle SEC Action
BOSTON - Aegerion Pharmaceuticals Inc. will pay more than $35 million to resolve federal criminal misdemeanor charges and civil claims that it promoted its expensive cholesterol drug Juxtapid for off-label uses and violated patient privacy and kickback laws in the process, the U.S. Attorney's Office for the District of Massachusetts announced Sept. 22 (United States of America v. Aegerion Pharmaceuticals, Inc., No. 17-cr-10288, D. Mass.).

Test Device Maker Alere Pays $48M To Settle 2 Federal Cases Ahead Of Abbott Merger
WALTHAM, Mass. - Diagnostic device maker Alere Inc. on Sept. 28 announced two federal settlements totaling about $48 million, just six days ahead of its $5.3 billion acquisition by Abbott Laboratories.

Drug Company Reaches $13M Settlement With SEC Over Accounting Fraud Claims
WASHINGTON, D.C. - Medical manufacturer Alere Inc. will pay more than $13 million to settle claims with the Securities and Exchange Commission that it engaged in accounting fraud and made improper payments for foreign officials through its foreign subsidiaries in violation of federal securities laws, according to an SEC cease-and-desist order filed Sept. 28 (In the Matter of Alere Inc., No. 3-18228, SEC).

Magistrate Judge Denies Dismissal Of Sales Rep's Wrongful Termination Case
BOSTON - A Massachusetts federal judge on Sept. 20 denied a motion to dismiss the wrongful termination claim of a former medical device company employee, but he did dismiss the defendant's parent company (United States of America, ex rel. Melayna Lokosky v. Acclarent, Inc., et al., No. 11-11217, D. Mass., 2017 U.S. Dist. LEXIS 152998).

Illinois Appeals Court: Infuse Bone Graft Claims Not Preempted, Refiling Allowed
CHICAGO - An Illinois appeals panel on Sept. 20 reversed dismissal with prejudice of an Infuse bone graft lawsuit, saying that the plaintiff's claims are not preempted by federal law and regulation and that she should have been given the opportunity to file an amended complaint to correct pleading deficiencies (Senayda Norabuena, et al. v. Medtronic, Inc., et al., No. 1-16-2928, Ill. App., 1st Dist., 3rd Div., 2017 Ill. App. LEXIS 593).

Zimmer Sales Rep Loses Discharge Trial, Owes Company $125,000 For Breach Of Duty
ALLENTOWN, Pa. - A Pennsylvania federal court jury on Sept. 21 found that Zimmer Biomet Inc. did not wrongfully discharge a sales representative and found that the sales representative instead breached his duty not to disclose information about Zimmer and its customers and owes his former employer $125,000 (Dominick Pistone v. Zimmer Biomet, Inc., No. 16-3526, E.D. Pa., Allentown Div.).

4th DePuy Pinnacle Hip MDL Trial Under Way In Texas With 6 Plaintiffs
DALLAS - The fourth DePuy Pinnacle hip multidistrict trial got under way Sept. 20 in the U.S. District Court for the Northern District of Texas with six New York plaintiffs (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 11-md-02244, Ramon Alicea, et al. v. DePuy Orthopaedics., Inc., et al., No. 15-03489, Uriel Barzel v. DePuy Orthopaedics, Inc., et al., No. 16-1245, Karen Kirschner v. DePuy Orthopaedics, Inc., et al., No. 16-1526, Hazel Miura v. DePuy Orthopaedics, Inc., et al., No. 13-4119, Michael A. Stevens v. DePuy Orthopaedics, Inc., et al., No. 14-1776, Eugene Stevens Jr. v. DePuy Orthopaedics, et al., No. 14-2341, N.D. Texas).

NECC Head Ordered To Pay $7.54M In Criminal Forfeiture For Meningitis Outbreak
BOSTON - The former head of the New England Compounding Center (NECC) was ordered Sept. 27 to pay a criminal forfeiture of $7.54 million, five times more than Barry J. Cadden thought he should pay but almost half of what federal prosecutors finally asked for (United States of America v. Barry J. Cadden, No. 14-10363, D. Mass., 2017 U.S. Dist. LEXIS 158791).

Washington City's Case Against OxyContin Maker Purdue Largely Survives Dismissal
SEATTLE - A Washington federal judge on Sept. 25 denied dismissal of most of a city's complaint against OxyContin maker Purdue Pharma L.P. (City of Everett v. Purdue Pharma L.P., et al., No. 17-209, W.D. Wash., 2017 U.S. Dist. LEXIS 156653).

Suit By Consultants Imprisoned In GSK Chinese Bribery Scandal Dismissed By Judge
PHILADELPHIA - A Pennsylvania federal judge on Sept. 29 dismissed a lawsuit against GlaxoSmithKline PLC (GSK) by two China-based business consultants who say GSK failed to tell them about its bribery activities that resulted in them spending two years in Chinese prisons (Peter Humphrey, et al. v. GlaxoSmithKline, plc, et al., No. 16-5924, E.D. Pa., 2017 U.S. Dist. LEXIS 162495).

Judge Partly Reconsiders Dismissal Of Theranos Consumer Class Action
PHOENIX - An Arizona federal judge overseeing a Theranos Inc. consumer class action on Sept. 29 reconsidered an earlier decision and reinstated the plaintiffs' battery and medical battery claims involving finger-stick blood draws, but otherwise affirmed his June 13 dismissal order (In Re: Arizona Theranos, Inc., Litigation, No. 16-2138, D. Ariz.).

Generic Drug Price Class Action Dismissed; Union Knew About Price Inflation
PHILADELPHIA - A Pennsylvania federal judge on Sept. 25 dismissed with prejudice a generic drug pricing class action filed by a local union health plan, saying the alleged inflation of wholesale drug prices by more than 30 generic drug manufacturers should come as no surprise because the union was involved in two other lawsuits that made the same claim (Plumbers' Local Union No. 690 Health Plan v. Apotex Corp., et al., No. 16-665, E.D. Pa., 2017 U.S. Dist. LEXIS 156443).

Medtronic SynchroMed Pump Case Partially Dismissed By Indiana Federal Judge
SOUTH BEND, Ind. - An Indiana federal judge on Sept. 25 denied in part and granted in part a motion by Medtronic Inc. to dismiss the case of a woman who claims that she was injured when a catheter made by Medtronic was left in her abdomen and caused infections (Tami Fisk v. Medtronic, Inc., No. 17-32, N.D. Ind., South Bend Div., 2017 U.S. Dist. LEXIS 156193).

AndroGel Plaintiff Firm Sanctioned For Late Notice Of 2nd Stroke
CHICAGO - The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on Sept. 24 sanctioned a plaintiff attorney $1,500 for a second deposition that was required after the firm's delayed learning of a change in its client's health that is relevant to the case (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Robert Rowley v. AbbVie Inc., No. 15-2760, N.D. Ill.).

Termination Of Pradaxa MDL Recommended By Judge
EAST ST. LOUIS, Ill. - The Illinois federal judge overseeing the Pradaxa anticoagulant multidistrict litigation on Sept. 6 recommended that the Judicial Panel on Multidistrict Litigation terminate the MDL, saying a global settlement was reached, the Plaintiffs' Steering Committee has been disbanded and almost all settlement fund monies have been disbursed (In Re: Pradaxa [Dabigatran Etexilate] Products Liability Litigation, MDL Docket No. 2385, No. 12-md-2385, S.D. Ill.).

Considerations In Deciding To Seek, Or Not To Seek, Lone-Pine Orders In Mass Tort Litigation
By James M. Beck So-called "Lone Pine" orders are something of a hybrid litigation tool. Named after an unpublished New Jersey trial court opinion, Lore v. Lone Pine Corp.,1 such orders have become "a common trial management technique in toxic torts cases with multiple plaintiffs."2 "Lone Pine" has come to describe a variety of pretrial case management orders that "require plaintiffs to provide facts in support of their claims including by expert evidence or risk having their cases dismissed."3 Most commonly, they relieve "potential burdens on defendants and the court in mass tort litigation by requiring plaintiffs to produce some evidence to support a credible claim," such as "an affidavit from a qualified treating or other physician."4 The original Lone Pine order directed several hundred plaintiffs claiming injuries from environmental pollution to produce "sufficient information to establish the existence of a prima facie case."5 The Lone Pine court declared "that prior to the institution of such a cause of action, attorneys for plaintiffs must be prepared to substantiate, to a reasonable degree, the allegations of personal injury, property damage and proximate cause."6 Such a requirement is hardly onerous, as this kind of information "should have" been marshaled by plaintiffs even "before filing their claims."7

$57.1M Awarded By Pennsylvania State Jury In Ethicon Pelvic Mesh Trial
PHILADELPHIA - A Pennsylvania state court jury on Sept. 7 awarded an Ethicon Inc. pelvic mesh plaintiff $57.1 million after finding that two of the company's devices had design defects that caused permanent injuries to the woman (Ella Cederberg-Ebaugh, et al. v. Ethicon, Inc., et al., No. 1307000866, Pa. Comm. Pls., Philadelphia Co.).

U.S. Supreme Court To Weigh '510(k) Defense' At Sept. 25 Conference
WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 25 will consider whether to review an MDL court's exclusion of 510(k) approval from an Ethicon pelvic mesh bellwether trial that resulted in a $3.27 million verdict in 2014 (Ethicon, Inc., et al. v. Jo Huskey, et vir., No. 16-1399, U.S. Sup., U.S. S.Ct. Briefs LEXIS 2913).

Missouri Supreme Court: $38M Depakote Birth Defect Verdict Came From 'Fair Trial'
JEFFERSON CITY, Mo. - The Missouri Supreme Court on Sept. 12 ruled that Abbott Laboratories Inc. received a fair trial in a Depakote birth defect case that resulted in a $38 million judgment (Miasia Barron, et al. v. Abbott Laboratories, Inc., No. SC96151, Mo. Sup., 2017 Mo. LEXIS 403).

Galena Biopharma To Pay $7.55M For Paying Kickbacks To Prescribe Fentanyl Drug
NEWARK, N.J. - Galena Biopharma Inc. will pay more than $7.55 million to resolve a False Claims Act lawsuit alleging that the company paid kickbacks to doctors to induce them to prescribe the company's former fentanyl drug Abstral, the U.S. Attorney for the District of New Jersey said in a Sept. 8 press release.

8th Circuit Reverses Dismissal Of Baycol False Claims Suit On Jurisdiction Grounds
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Sept. 8 reversed and remanded a Baycol whistleblower case, saying a district court misapplied the standard for whether the relator was an original source of information about fraudulent promotion of the cholesterol drug and the filing of false claims to government health care programs (In Re: Baycol Products Litigation, United States of America, ex rel. Laurie Simpson v. Bayer Healthcare, et al., No. 15-2220, 8th Cir., 2017 U.S. App. LEXIS 17371).

5th Circuit Affirms Summary Judgment In Medtronic Spinal Plate Case
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Sept. 11 affirmed summary judgment in a spinal plate lawsuit and the denial of the plaintiff's "newly discovered evidence" in the case (Bryant Lyles v. Medtronic Sofamor Danek, USA, Inc., No. 16-30517, 5th Cir., 2017 U.S. App. LEXIS 17534).

3rd Circuit Affirms Synthes Can't Get Grand Jury Testimony For Bone Cement Cases
PHILADELPHIA - Synthes Inc. cannot get access to secret grand jury testimony to impeach testimony in a civil case that company representatives OK'd the off-label use of Norian bone cement in two deadly spinal reconstruction procedures, the Third Circuit U.S. Court of Appeals said Sept. 8 in an opinion affirming a district court's denial (United States of America v. Norian Corporation, et al., No. 16-2240, 3rd Cir., 2017 U.S. App. LEXIS 17382).

Merck Appeals 3rd Circuit Ruling Reinstating Fosamax Femur Fracture MDL Cases
WASHINGTON, D.C. - Merck Sharp & Dohme Corp. on Sept. 12 gave blanket consent to the filing of amicus curiae briefs in its petition for a writ of certiorari to the U.S. Supreme Court on the reinstatement of Fosamax femur fracture claims (Merck Sharp & Dohme Corp. v. Doris Albrecht, et al., No. 17-290, U.S. Sup.).

MDL Judge Denies Interlocutory Appeal Of AndroGel Failure-To-Warn Preemption Issue
CHICAGO - The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on Sept. 18 denied a motion by defendants AbbVie Inc. and Abbott Laboratories to certify for interlocutory appeal the court's ruling denying summary judgment on failure-to-warn claims (In Re: Testosterone Replacement Therapy Products Liability Litigation, No. 14-01748, N.D. Ill.).

MDL Judge Won't Keep AndroGel Marketing Out Of Bellwether Retrial
CHICAGO - An Illinois federal multidistrict litigation judge on Sept. 13 denied a motion by AbbVie Inc. to reconsider his decision allowing certain marketing evidence in a Sept. 18 retrial of an AndroGel heart attack case (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL No. 14-1748, N.D. Ill.).

Incretin Mimetic Appeal Must Address 3rd Circuit Case, 9th Circuit Tells Parties
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Sept. 15 told parties in the incretin mimetics multidistrict litigation appeal that it wants them to address the effect of the Third Circuit's warnings ruling in the Fosamax femur fracture multidistrict litigation when their case comes up for argument on Oct. 3 (In Re: Incretin-Based Therapies Products Liability Litigation, Jean Adams, et al. v. Merck Sharp & Dohme Corp., et al., No. 15-56997, 9th Cir.).

JNOV, New Trial Denied For GlaxoSmithKline In $3M Paxil Suicide Case
CHICAGO - An Illinois federal judge on Sept. 14 denied judgment as a matter of law or a new trial for GlaxoSmithKline LLC (GSK) in a Paxil suicide case that ended in a $3 million verdict (Wendy B. Dolin, et al. v. GlaxoSmithKline LLC, No. 12-6403, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 148966).

EpiPen Consumer, Competitor Claims Put On Separate Tracks In Multidistrict Litigation
TOPEKA, Kan. - The Kansas federal judge overseeing the new EpiPen multidistrict litigation on Sept. 14 ordered separate tracks for consumer class claims and an antitrust lawsuit (In Re: EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-md-2785, D. Kan.).

Sanofi, Mylan Debate If EpiPen Competition Was A Price War Or A Monopoly
TOPEKA, Kan. - A motion to dismiss an EpiPen antitrust lawsuit continued to play out in two federal courts Sept. 14 when defendant Sanofi-Aventis U.S. LLC filed its opposition and defendant Mylan Inc. filed a reply (In Re: EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-md-2785, D. Kan., and Sanofi-Aventis U.S. LLC v. Mylan, Inc., et al., No. 17-2763, D. N.J.).

EpiPen MDL Judge Names Plaintiff, Defense Council To Leadership Positions
TOPEKA, Kan. - The Kansas federal judge overseeing the EpiPen multidistrict litigation on Sept. 12 appointed plaintiff and defense attorneys to leadership positions (In Re: EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-2785, D. Kan.).

St. Jude Spinal Stimulator Case Dismissed As Preempted With Leave To Amend
WILMINGTON, Del. - A Delaware federal judge on Sept. 15 said a plaintiff in a Protege Spinal Cord Stimulator case cannot overcome federal preemption of her claims but can file an amended complaint to state more plausible claims (Kathleen M. Freed, et al. v. St. Jude Medical, Inc., et al., No. 17-1128, D. Del., 2017 U.S. Dist. LEXIS 149926).

2nd Criminal Trial In Deadly Fungal Meningitis Outbreak Gets Under Way In Boston
BOSTON - A second federal criminal trial stemming from the deadly 2012 fungal meningitis outbreak tied to New England Compounding Center (NECC) got under way Sept. 19 in Boston (United States of America v. Glenn A. Chin, No. 14-cr-10363, D. Mass.).

Kugel Hernia Mesh Patch MDL Closed Sept. 15 After 10 Years
WASHINGTON, D.C. - The 10-year-old Kugel mesh hernia patch multidistrict litigation was marked closed Sept. 15 by the Judicial Panel on Multidistrict Litigation (JPMDL) (In Re: Kugel Mesh Hernia Patch Products Liability Litigation, MDL Docket No. 1842, JPMDL).

Judge Says Salix Manager Failed To Show Retaliation For Reporting Fraud
NEW YORK - A New York federal judge on Sept. 14 said a former senior manager for Salix Pharmaceuticals Ltd. failed to show that her employer retaliated against her for reporting false claims activities in the promotion of certain drugs (Rasvinder Dhaliwal v. Salix Pharmaceuticals, Ltd., No. 15-706, S.D. N.Y., 2017 U.S. Dist. LEXIS 149690).

Trial Begins For Zimmer Sales Representative For Retaliatory Discharge
ALLENTOWN, Pa. - Trial got under way Sept. 12 in a retaliation and slander case in which a former sales representative accused Zimmer Biomet Inc. of retaliatory discharge and slander for reporting possibly illegal practices by an orthopedic surgeon (Dominick Pistone v. Zimmer Biomet, Inc., No. 16-3526, E.D. Pa., Allentown Div.).

Class Definition In Securities Suit Against Medical Tech Company Limited
SAN JOSE, Calif. - On the heels of his ruling from the bench to limit the class definition for a securities class action lawsuit against a medical technology developer and certain of its current and former executive officers, a federal magistrate judge on Sept. 6 issued a written ruling explaining his decision to limit the class definition to including only "indirect" investors in the company's stock (Robert Colman, et al. v. Theranos Inc., et al., No. 16-6822, N.D. Calif.).

Shkreli Seeks Acquittal On Conspiracy To Commit Securities Fraud Claim
BROOKLYN, N.Y. - The U.S. government misled jurors by using a legally flawed definition of the term affiliate and its application to a conspiracy to commit securities fraud claim against former pharmaceutical company CEO and hedge fund manager Martin Shkreli in his criminal case, which prejudiced the jury, requiring acquittal on the count, Shkreli argues in Sept. 8 post-trial motion for acquittal (United States of America v. Martin Shkreli, No. 15-637, E.D. N.Y.).

Mylan Pays $465M To Settle False Claims Suit Alleging Underpaid Medicaid Rebates
WASHINGTON, D.C. - Ten months after Mylan Inc. first announced a settlement and seven months after the federal government said there was no such agreement, Mylan and the U.S. Justice Department on Aug. 17 finalized a $465 million settlement of claims that the EpiPen maker violated the False Claims Act by misclassifying the drug/device combination as generic to avoid paying higher rebates owed primarily to Medicaid (United States, ex rel. Sanofi-Aventis US LLC v. Mylan Inc., No. 16-11572, D. Mass.).

Specialty Pharmacy To Pay $13M To Settle False Claims Suit Over Chelation Drug
NEW YORK - Specialty pharmacy US Bioservices Corp. (US Bio) will pay $13.4 million to settle the federal government's allegations about US Bio's role in a Novartis Pharmaceuticals Corp. scheme to reward pharmacies for the number of prescriptions they filled for Novartis' Exjade iron chelation drug, according to a letter filed Aug. 22 with a New York federal court (United States v. US Bioservices Corp., No. 17-6353, S.D. N.Y.).

Novo Nordisk Pays $58.65M To Settle Claim It Downplayed Victoza Cancer Risk
WASHINGTON, D.C. - Drug maker Novo Nordisk Inc. on Sept. 5 agreed to pay $58.65 million to settle federal allegations that it instructed sales representatives to downplay a federally required warning about the risk of medullary thyroid carcinoma (MTC) from the company's diabetes drug Victoza (United States of America v. Novo Nordisk, Inc., No. 17-cv-1820, D. D.C.).

Insys To Pay $4.45M To Illinois, Agrees To Restrict Opioid Marketing
CHICAGO - Insys Therapeutics Inc. on Aug. 17 agreed to pay $4.45 million to Illinois and agreed to restrictions on how it markets its opioid drugs in the state, according to a final judgment and consent decree in the state's consumer fraud lawsuit against the drug maker in Illinois state court (Illinois v. Insys Therapeutics, Inc., No. 2016-CH-11216, Ill. Cir., Cook Co.).

States, Cities, Counties File Opioid Lawsuits Against Drug Makers, Distributors
Between Aug. 14 and Aug. 22, at least 12 complaints were filed by a state, cities and counties against various opioid manufacturers and distributors.

FDA Pediatric Committee To Discuss Opioid Cough Drugs At Sept. 11-12 Meeting
SILVER SPRING, Md. - The Food and Drug Administration on Aug. 21 announced that its Pediatric Advisory Committee on Sept. 11-12 will discuss the use of prescription opioid products containing hydrocodone or codeine to treat cough in pediatric patients.

Defense Verdict Returned In Illinois State Court AndroGel Heart Attack Trial
CHICAGO - An Illinois state court jury on Aug. 28 returned a defense verdict in an AndroGel heart attack case (James Couch v. AbbVie Inc., No. 2014-L-005859, Ill. Cir., Cook Co.).

AbbVie Wants $150M Punitives Verdict Struck Since Compensatories Weren't Awarded
CHICAGO - AbbVie Inc. and Abbott Laboratories on Aug. 21 asked an Illinois federal judge to strike a $150 million punitive damage verdict in the first AndroGel multidistrict litigation bellwether case to go to verdict because the jury awarded the plaintiff no compensatory damages (In Re: Testosterone Replacement Therapy Products Liability Litigation, No. 14-01748, Jesse Mitchell v. AbbVie, Inc., et al., No. 14-9178, N.D. Ill.).

Defense Verdict Returned In 3rd Xarelto Multidistrict Bellwether Trial
JACKSON, Miss. - A Mississippi federal jury on Aug. 18 returned a defense verdict in the third Xarelto bleeding trial, finding that defendants Janssen Research & Development LLC and Bayer Healthcare Pharmaceuticals Inc. did not fail to adequately warn the plaintiff's doctor about the safe use of the anticoagulant and did not defectively design the drug (In Re: Xarelto [Rivaroxaban] Products Liability Litigation, No. 14-md-2592, Dora Minto v. Janssen Research & Development, LLC, et al., No. 15-3469, E.D. La.).

Plavix Warning, Defect Claims Fall To Learned Intermediary, Lack Of Alternative
TRENTON, N.J. - A New Jersey federal judge overseeing the Plavix multidistrict litigation on Aug. 17 granted summary judgment in one case after finding the plaintiff's failure-to-warn claim barred by the learned intermediary doctrine and his defect claim unproven with evidence of an alternative design (In Re: Plavix Marketing, Sales Practices and Products Liability Litigation [No. II], No.13-02418, Roger D. Hopkins, et al. v. Bristol-Myers Squibb, et al., No. 13-4521, D. N.J., 2017 U.S. Dist. LEXIS 131334).

Divided 5th Circuit Says Appeal Is Adequate Remedy For MDL Venue Dispute
NEW ORLEANS - A divided three-judge panel of the Fifth Circuit U.S. Court of Appeals on Aug. 31 denied DePuy Orthopaedics Inc. and Johnson & Johnson's request for mandamus relief that would halt an upcoming bellwether trial over the companies' Pinnacle hip prosthesis, finding that a pending appeal is an adequate remedy for a dispute over personal jurisdiction (In Re: DePuy Orthopaedics, Inc., et al., No. 17-10812, 5th Cir., 2017 U.S. App. LEXIS 16809).

10th Circuit Affirms Ruling Finding Woman's Mesh Sling Suit Was Untimely
DENVER - A woman who sustained injuries as a result of mesh sling that was implanted to treat stress urinary incontinence should have known of her claims against the maker of the product in 2007 when her doctor informed her that she would need a second surgery to excise some of the material, a 10th Circuit U.S. Court of Appeals panel said Aug. 25 in affirming a ruling dismissing the suit as untimely (Gerry Adams v. American Medical System, Inc., et al., No. 14-4057, 10th Cir., 2017 U.S. App. LEXIS 16250).

Multiplaintiff Essure Suit Again Remanded To State Court On Citizenship
EAST ST. LOUIS, Ill. - Ignoring a recent U.S. Supreme Court jurisdiction ruling and its progeny, an Illinois federal judge on Aug. 22 said nondiverse citizenship governs and granted remand a second time of an Essure multiplaintiff lawsuit to Illinois state court (Christy Rios, et al. v. Bayer Corporation, et al., No. 17-758, S.D. Ill., 2017 U.S. Dist. LEXIS 134222).

Most Risperdal Claims Stand After Expert Causation Testimony Allowed
NEW YORK - A man who says an anti-psychotic drug he took during his teens caused enlargement of his breasts can pursue most of his products liability claims against the drugmaker, a New York federal judge ruled Aug. 30 after finding that the causation opinions of the man's medical expert are admissible and raise a triable issue of fact (Jamal Adeghe v. Janssen Pharmaceuticals, Inc., No. 16-2235, S.D. N.Y., 2017 U.S. Dist. LEXIS 139913).

Multiplaintiff Amiodarone Cases Remanded; Federal Question Jurisdiction Lacking
SAN FRANCISCO - A California federal judge on Aug. 23 remanded 113 amiodarone injury lawsuits to two California state courts, finding that they didn't meet the tests for federal question jurisdiction (Edwin Street, et al. v. Eon Labs, Inc., et al., No. 17-2609, John W. Blackford, et al. v. Wyeth Pharmaceutical, Inc., et al., No. 17-3825, N.D. Calif., 2017 U.S. Dist. LEXIS 135368).

Riata Heart Lead Complaint Partially Dismissed With Leave To Amend
SAN JOSE, Calif. - A California federal judge on Aug. 23 denied in part and granted in part a motion by defendants to dismiss a heart lead complaint but granted the plaintiff leave to file an amended complaint by Sept. 8 (Richard Connelly v. St. Jude Medical, Inc., et al., No. 17-2066, N.D. Calif., 2017 U.S. Dist. LEXIS 13541).

Viagra/Cialis MDL Judge Allows In Extremis Depositions For Near-Death Plaintiffs
SAN FRANCISCO - The California federal judge overseeing the Viagra/Cialis skin cancer multidistrict litigation on Aug. 1 issued an order allowing for in extremis depositions of plaintiffs who are "reasonably near the end of life" (In Re: Viagra [Sildenafil Citrate] and Cialis Products Liability Litigation, No. 16-2691, N.D. Calif., San Francisco Div.).

Plaintiffs' Leadership Named In Physiomesh MDL
ATLANTA - Plaintiff leaders were appointed Aug. 16 by a Georgia federal judge in the Ethicon Physiomesh multidistrict litigation (In Re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation, No. 17-md-2782, N.D. Ga., Atlanta Div.).

Arbitrator Issues Award In Drug Fee Dispute Between Plaintiff's Law Firms
FORT WORTH, Texas - An arbitrator has issued a binding arbitration award resolving a dispute over shared attorney fees between two plaintiff law firms in drug liability litigation, according to a motion filed by the plaintiff in a case it brought to compel arbitration (Steven M. Johnson, PC, et al. v. Girardi & Keese, No. 16-944, N.D. Texas, Fort Worth Div.).

Stryker Unit Recalls Products Possibly Contaminated With Toxic Chemicals By Supplier
KALAMAZOO, Mich. - Stryker Corp. on Aug. 23 announced that it has voluntarily recalled specific lots of its Oral Care products made by its Sage Products subsidiary because of possible cross-contamination with toxic car wash and car wax chemicals while being made by a third-party supplier.