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MDL Judge Denies New Trial In $500M DePuy Pinnacle Hip Case
NEW ORLEANS - A Louisiana federal judge presiding over the DePuy Pinnacle hip multidistrict litigation on June 28 denied a defense motion for a new trial in six cases that resulted in a $500 million judgment (In Re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244, No. 11-md-2244, Elizabeth Andrews v. DePuy Orthopaedics, Inc., et al., No. 15-3484, et al., N.D. Texas).



Dismissal Of Defect, Misrepresentation Claim Reversed By 11th Circuit
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 26 reversed dismissal of a plaintiff's manufacturing defect and misrepresentation claims in a Smith & Nephew Inc. metal-on-metal hip case, finding that those claims are not preempted by federal law as the trial court held (Joseph Mink v. Smith & Nephew, Inc., No. 16-11646, 11th Cir., 2017 U.S. App. LEXIS 11288).



Surgeon Misidentification Of Implant Maker Doesn't Save Hip Implant Case
SOUTH BEND, Ind. - A hip implant patient cannot use her surgeon's statement for having named the correct defendant until it was too late, an Indiana federal judge ruled June 22 in denying reconsideration of summary judgment in favor of Biomet Orthopedics LLC (Linda Brown v. Biomet Orthopedics, LLC, et al., No. 14-1470, N.D. Ind., S. Bend Div., 2017 U.S. Dist. LEXIS 96348).



California Appeals Court Reverses $48.1M Motrin Verdict For Limited Retrial
LOS ANGELES - A California appeals court on June 30 reversed a $48.1 million Motrin skin injury verdict, finding part of verdict to be "fatally inconsistent," finding one claim to be preempted and finding the consumer expectation test wrongfully applied. It remanded the case for retrial only on the claims of negligent and strict liability failure to warn (Christopher Trejo v. Johnson & Johnson, et al., No. B238339, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 596).



Lack Of Discovery Against McKesson Results In Zoloft Case Staying In MDL
PHILADELPHIA - The federal judge overseeing the Zoloft birth defect litigation on June 20 denied a plaintiff's request to remand her case to California state court, finding that the lack of discovery against distributor defendant McKesson Corp. indicates that it was fraudulently joined to destroy diversity of citizenship (In Re: Zoloft [Sertraline Hydrochloride] Products Liability Litigation, MDL Docket No. 2342, No. 12-md-2342, D.B. v. Pfizer, Inc., et al., No. 16-1438, E.D. Pa., 2017 U.S. Dist. LEXIS 94953).



NECC Head Sentenced To 9 Years For Role In Fungal Meningitis Outbreak
BOSTON - The former head of a compounding pharmacy at the center of a deadly fungal meningitis outbreak was sentenced June 26 to nine years in federal prison following his conviction on fraud and racketeering charges (United States of America v. Barry J. Cadden, No. 14-cr-10363, D. Mass.).



No Acquittal By Judge Or New Trial In Fungal Meningitis Criminal Verdict
BOSTON - A Massachusetts federal judge on June 22 denied a judgment of acquittal or a new trial for Barry J. Cadden, the former head of the compounding pharmacy at the center of a deadly fungal meningitis outbreak (United States of America v. Barry J. Cadden, et al., No. 14-10363, D. Mass., 2017 U.S. Dist. LEXIS 96223).



NECC Juror Names Released; Radio Station Questions Cadden Murder Acquittal
BOSTON - A Massachusetts federal judge on June 27 released the names of all jurors and alternates three months after they convicted former NECC owner Barry J. Cadden for racketeering, mail fraud and selling adulterated drugs (United States of America v. Barry J. Cadden, No. 14-10363, D. Mass.).



Next NECC Criminal Trial Reset To Sept. 15 For Pharmacist Glen Chin
BOSTON - A day after sentencing a defendant for his role in the fungal meningitis outbreak, a Massachusetts federal judge on June 27 scheduled the next criminal trial in the case for Sept. 15 (United States of America v. Glenn Chin, No. 14-10260, D. Mass.).



Humana, Medtronic Settle Infuse Bone Graft Off-Label Lawsuit
MEMPHIS, Tenn. - Humana Inc. has settled its lawsuit alleging that Medtronic Inc. violated the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961-1968, and state laws by conspiring with physicians to promote unapproved uses of Medtronic's Infuse Bone Graft system, according to a June 29 court order dismissing the case (Humana, Inc. v. Medtronic Sofamor Danek USA, Inc., et al., No. 14-2405, W.D. Tenn., Western Div.).



Ethicon Pelvic Mesh Defense Verdict Being Challenged In Pennsylvania State Court
PHILADELPHIA - Pelvic mesh defendant Ethicon Inc. on June 29 told a Pennsylvania state court that it should not grant a plaintiff's motion for a new trial on damages only or a new trial because one juror worked for a drug company (In Re: Pelvic Mesh Litigation, Kimberly L. Adkins v. Ethicon, Inc., July Term 2013, No. 00919, No. 17062172, Pa. Comm. Pls., Philadelphia Co.).



Plavix MDL Judge Dismisses False Claims Act Case On Pleading Grounds
TRENTON, N.J. - The judge overseeing the Plavix multidistrict litigation on June 27 dismissed a six-year-old False Claims Act lawsuit against Bristol-Myers Squibb Co. and Sanofi-Aventis U.S. LLC that alleged that the companies promoted the antiplatelet drug Plavix when they knew it was no better in preventing blood clots than aspirin (In Re: Plavix Marketing, Sales Practices and Products Liability Litigation [No. II], MDL Docket No. 2418, No. 13-2418, United States of America, et al., ex rel. Elisa Dickson v. Bristol-Myers Squibb Co., et al., No. 13-1039, D. N.J., 2017 U.S. Dist. LEXIS 98810).



Vioxx MDL Judge Won't Use All Writs Act To Overturn Transferor Court Dismissal
NEW ORLEANS - The Vioxx multidistrict judge on June 23 denied a request to use the court's All Writs Act authority to overturn a statute-of-limitations dismissal by a transferor court (In Re: Vioxx Products Liability Litigation, MDL Docket No. 1657, No. 05-md-1657, Jo Levitt v. Merck Sharp & Dohme Corp., No. 06-9757, E.D. La., 2017 U.S. Dist. LEXIS 97269).



Nationwide Class Sought For Purchasers Of INRatio Testing Device
SAN DIEGO - Seven plaintiffs on June 21 moved for certification of a national class of people who paid for the recalled INRatio blood-clot-testing devices made by Alere Inc. (Dina Andren, et al. v. Alere, Inc., et al., No. 16-1255, S.D. Calif.).



Allegan To Pay $13M To Settle False Claims Act Case By 2 Philadelphia Eye Doctors
PHILADELPHIA - Allergan Inc. has agreed to pay $13 million to settle two doctors' False Claims Act lawsuit that the drug company provided medical practice support to encourage prescribing of their eye products, counsel for the relators announced June 30 (United States of America, ex rel. Herbert J. Nevyas, M.D., et al. v. Allergan, Inc., No. 09-432, E.D. Pa.).



Celgene False Claims Act Lawsuit Settled, California Federal Judge Reports
LOS ANGELES - A False Claims Act, 31 U.S. Code 3729, lawsuit alleging that Celgene Corp. marketed the drugs Thalomid and Revlimid for off-label treatment of cancer has been settled, according to a June 26 court docket entry (United States of America, et al., ex rel. Beverly Brown v. Celgene Corporation, No. 10-3165, C.D. Calif.).



False Claims Act Lawsuit Involving Antifungal Vfend Gets Interlocutory Review
PHILADELPHIA - A Pennsylvania federal judge on June 22 certified a question about the viability of an 11-year-old False Claims Act (FCA) lawsuit alleging that Pfizer Inc.'s misrepresentations about use of the antifungal drug Vfend in cancer patients resulted in the submission of false claims to the federal government (The United States of America, et al., ex rel. Catherine A. Brown, et al. v. Pfizer, Inc., No. 05-6795, E.D. Pa., 2017 U.S. Dist. LEXIS 96291).



Medtronic Cardiovascular False Claims Case Out On Pleading Deficiencies
PHILADELPHIA - A Pennsylvania federal judge on June 19 dismissed without prejudice a False Claims Act lawsuit alleging that Medtronic used free services and staff to induce doctors to use the defendant's cardiovascular products (United States of America, et al., ex rel. Cathleen Forney v. Medtronic, Inc., No. 15-6264, E.D. Pa., 2017 U.S. Dist. LEXIS 94490).



Missouri Sues Opioid Makers Purdue Pharma, Endo, Janssen For Addiction Epidemic
ST. LOUIS - The Missouri attorney general on Jan. 21 sued opioid makers Purdue Pharma L.P., Endo Health Solutions Inc. and Janssen Pharmaceuticals Inc. for allegedly misrepresenting the addictiveness of their products in violation of state law (The State of Missouri, ex rel. Joshua D. Hawley v. Purdue Pharma, L.P., et al., No. n/a, Mo. Cir., St. Louis City).






U.S. High Court Strikes State Court Specific Jurisdiction In Plavix Injury Cases
WASHINGTON, D.C. - In an 8-1 opinion, the U.S. Supreme Court on June 19 said California state courts do not have specific jurisdiction over the claims of 592 non-state residents who sued Bristol-Myers Squibb Co. (BMS) in state court, alleging that the antiplatelet drug Plavix caused gastrointestinal bleeding (Bristol-Myers Squibb Co. v. Superior Court of California, et al., No. 16-466, U.S. Sup., 2017 U.S. LEXIS 3873).



2nd Xarelto Bellwether Trial Ends With Defense Verdict
NEW ORLEANS - A federal jury in Louisiana on June 12 found that the manufacturers of the blood thinner Xarelto adequately warned about the risk of unstoppable bleeding and that the drug did not cause a woman to suffer a stroke in 2015 that led to her death (In Re: Xarelto [Rivaroxaban] Products Liability Litigation, MDL Docket No. 2592, Joseph Orr Jr. v. Janssen Pharmaceuticals, Inc., et al., No. 15-3708, E.D. La.).



Plaintiff In 1st Xarelto Bellwether Says Judge Excluded Crucial Evidence
NEW ORLEANS - The plaintiff who lost the first Xarelto bellwether trial on June 12 filed a motion for a new trial in Louisiana federal court, arguing that the judge erred by excluding crucial evidence regarding information in the drug's label in other countries and evidence from global medical associations (In re: Xarelto [Rivaroxaban] Products Liability Litigation, MDL 2592, Joseph Boudreaux Jr. v. Bayer Corp., et al., No. 14-cv-02720, E.D. La.).



3rd Circuit Affirms Expert Exclusion, Summary Judgment In Most Zoloft MDL Cases
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on June 2 affirmed the exclusion of plaintiffs' only general causation expert witness in the Zoloft birth defect multidistrict litigation and also affirmed summary judgment that, at the time, ended 93 percent of the cases (In Re: Zoloft [Sertraline Hydrochloride] Products Liability Litigation, No. 16-2247, 3rd Cir., 2017 U.S. App. LEXIS 9832).



Jury Awards Boy $15M For Depakote Birth Defects, Awards No Punitive Damages
EAST ST. LOUIS, Ill. - A federal jury in Illinois on June 9 awarded $15 million in compensatory damages to a boy who was born with spina bifida as a result of his mother's use of Depakote during pregnancy, after finding that the drug maker failed to warn doctors about the risk, but the jury found that the company's conduct did not warrant punitive damages (E.G., et al. v. Abbott Laboratories Inc., No. 15-702, S.D. Ill.).



9th Circuit Reverses Expert Exclusion, Judgment In Immunosuppressant Cancer Case
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 2 reversed summary judgment for Teva Pharmaceuticals USA Inc. in drug-caused cancer case, ruling that the plaintiffs expert was erroneously excluded by a district court (Stephen Wendell, et al. v. GlaxoSmithKline LLC, et al., No. 14-16321, 9th Cir., 2017 U.S. App. LEXIS 9787).



1st AndroGel Bellwether Trial Ends Due To Mistrial
CHICAGO - The first bellwether trial in a multidistrict litigation for suits involving injuries allegedly caused by the use of testosterone replacement therapy ended June 12 when a federal judge in Illinois granted the plaintiff's oral motion for a mistrial (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Jeffrey Konrad v. AbbVie, Inc., No. 15-966, N.D. Ill., Eastern Div.).



Interlocutory Appeal Sought For Warning Claims In Testosterone MDL
CHICAGO - AbbVie Inc. and Abbott Laboratories on May 30 asked the testosterone replacement therapy multidistrict litigation court to certify its order denying summary judgment on failure-to-warn claims for interlocutory appeal, saying there is an open question about whether the claims are preempted (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill.).



5th Circuit Affirms Abbott Defense Verdict In Off-Label Stent Trial
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 31 affirmed a defense verdict for Abbott Laboratories in a whistle-blower trial alleging that the company's off-label promotion caused false claims to be presented for biliary stents used in the vascular system (United States of America, ex rel. Kevin N. Colquitt v. Abbott Laboratories, et al., No. 16-10814, 5th Cir., 2017 U.S. App. LEXIS 9563).



FDA Asks Endo To Pull New Opana ER Off Market Due To Blood-Borne Infections
SILVER SPRING, Md. - The Food and Drug Administration on June 8 asked Endo Pharmaceuticals to voluntarily take Opana ER off the market because the manufacturer's changes to make the opioid less resistant to abuse by snorting it resulted in abusers injecting the drug and causing outbreaks of HIV and hepatitis C.



3 Tennessee District Attorneys General Sue Opioid Makers Over Addiction Epidemic
KINGSPORT, Tenn. - Three district attorneys general in Tennessee and the guardian ad litem of a baby born addicted to opioids on June 13 sued the three leading manufacturers of the drugs, as well as two convicted dealers of the drugs, blaming them for the opioid addiction epidemic in their portion of the state (Barry Staubus, et al. v. Purdue Pharma, L.P., et al., No. C41916, Tenn. Cir., Sullivan Co.).



State Attorneys General Launch Probe Into Opioid Makers
BOSTON - Massachusetts Attorney General Maura Healey on June 15 announced that an unspecified number of state attorneys general are conducting an investigation into whether manufacturers of opioid drugs have engaged in unlawful practices.



67 Ethicon Physiomesh Lawsuits Sent To MDL In Atlanta
WASHINGTON, D.C. - A federal judicial panel on June 2 centralized 67 federal lawsuits alleging injuries allegedly caused the Physiomesh Flexible Composite Hernia Mesh made by Ethicon Inc. (In Re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation, MDL Docket No. 2782, JPMDL).



New Jersey Centralizes Stryker LFIT Hip Cases In Bergen County Court
TRENTON, N.J. - New Jersey's chief justice on May 16 designated state court lawsuits involving the Stryker LFIT Anatomic Cobalt Chromium (CoCr) V40 femoral heads as a multicounty litigation and assigned the cases to Judge Rachelle Harz of the Bergen County Superior Court (In Re: Stryker LFIT Anatomic CoCr V40 Femoral Heads Litigation, No. 624, N.J. Super., Bergen Co.).



No MDL For 3 Lawsuits Alleging Brazilian Bribery By 5 Medical Device Makers
WASHINGTON, D.C. - A federal judicial panel on May 31 denied a motion by 142 Brazilian health insurers to centralize three lawsuits filed against five medical device manufacturers accusing them of using bribery to gain market share in Brazil (In Re: Brazilian Prosthetic Device Bribery Litigation, MDL Docket No. 2780, JPMDL).



MicroCool Judge Threatens Sanctions For Nondisclosure Of Related Lawsuits
LOS ANGELES - A California federal judge who presided over a MicroCool surgical gown state class action that resulted in a $454 million verdict on June 2 ordered plaintiffs' counsel to show cause why she should not sanction them for failing to report a related False Claims Act lawsuit and another case against the defendant (Bahamas Surgery Center, LLC v. Kimberly-Clark Corporation, et al., No. 14-8390, C.D. Calif.).



EpiPen MDL Motion Will Be Heard On July 27
WASHINGTON, D.C. - A federal judicial panel on June 14 scheduled a hearing on a motion to centralize four federal class actions alleging that Mylan N.V. engaged in anticompetitive and unfair business conduct in its sale and marketing of the EpiPen Auto-Injector epinephrine injector device (In Re: EpiPen [Epinephrine Injection, USP] Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, JPMDL).



Proton Pump Inhibitor MDL To Get 2nd Look At July 27 Hearing
WASHINGTON, D.C. - A federal judicial panel will consider a new motion to centralize proton pump inhibitor (PPI) drugs in a multidistrict litigation, according to a June 14 order by the panel (In Re: Proton-Pump Inhibitor Products Liability Litigation [No. II], MDL Docket No. 2789, JPMDL).



Plaintiff Says Law Firm Pressured Her Into Pelvic Mesh Settlement
CHATTANOOGA, Tenn. - A Georgia plaintiff's law firm on June 14 removed to Tennessee federal court a legal malpractice claim brought by a client who says she was pressured into accepting a $300,000 pelvic mesh settlement (Danna Morrison v. Blasingame, Burch, Garrard & Ashley, P.C., No. 21601, Tenn. Cir., Marion Co.; No. 17-165, E.D. Tenn.).



12 Claims Involving Theranos Dismissed By Judge With Leave To Amend
PHOENIX - A federal judge on June 13 dismissed in part a consolidated class action complaint by consumers alleging that they were defrauded by Theranos Inc. and Walgreens drug stores when unreliable blood tests were administered to them (In Re: Arizona Theranos, Inc., Litigation, Nos. 16-2138, 16-2373, 16-2660, 16-2775, 16-3599, D. Ariz., 2017 U.S. Dist. LEXIS 90965).



Conclusory Allegations Doom Hip Implant Case, Judge Says
SEATTLE - A man's conclusory allegations regarding the defects and dangers of a hip implant product are not sufficient to support a case against the manufacturer, a federal judge in Washington held June 9 (Michael Allen Staub v. Zimmer Inc., No. 17-508, W.D. Wash., 2017 U.S. Dist. LEXIS 89109).



Magistrate Judge Allows Strict Liability Claims Against Component Maker
MILWAUKEE - A federal magistrate judge in Wisconsin on June 9 ruled that plaintiffs can pursue claims for strict products liability against the manufacturer of a component in a hip replacement system after finding that the Wisconsin Supreme Court would not allow the contract specification defense to bar the plaintiffs' claims (Jerome Janusz, et al. v. Symmetry Medical Inc., et al., No. 15-CV-294, E.D. Wis., 2017 U.S. Dist. LEXIS 88895).



Supreme Court: BPCIA Provision Not Enforceable With Federal Injunction
WASHINGTON, D.C. - The requirement of Section 262(l)(2)(A) of the Biologics Price Competition and Innovation Act of 2009 (BPCIA), 42 U.S.C. 262(k), that a biologic applicant provide a sponsor with its applications and manufacturing information is not enforceable with a federal injunction, the U.S. Supreme Court ruled June 12 (Sandoz Inc. v. Amgen Inc., et al., No. 15-1039 and 15-1195, U.S. Sup.).



Pending Black Box For Invokana Amputation Risk Escapes Mention During Conference
SAN DIEGO - A month after the Food and Drug Administration required the maker of the diabetes drug Invokana to put a black box on the label to warn of a nearly doubled risk of lower limb amputations, that risk was mentioned only secondarily and the black box requirement not at all during an international diabetes conference in San Diego June 8-13.



SGLT2 Diabetes Drugs Associated With Doubled Risk Of Ketoacidosis
BOSTON - A cohort study of 140,352 diabetics showed that sodium-glucose cotransporter 2 (SGLT2) diabetes drugs were associated with an approximately doubled risk of diabetic ketoacidosis compared to dipeptidyl peptidase-4 (DPP4) diabetes drugs, according to letter to the editor published in the June 8 New England Journal of Medicine.






U.S. High Court Won't Review Appeal Standards For Denied Vaccine Claims
WASHINGTON, D.C. - The U.S. Supreme Court on May 30 declined to take up a case challenging the constitutionality of the review standard for appeals stemming from the National Childhood Vaccine Injury Act (the Vaccine Act), 42.U.S.C. 300aa-q, et seq. (Marek Milik, et al. v. Thomas Price, et al., No. 16-722, U.S. Sup.).



Federal Judge Denies Remand Of Zostavax Cases For Fraudulent Joinder
PHILADELPHIA - A Pennsylvania federal judge on May 26 ruled that a Merck & Co. Inc. employee was fraudulently joined to eight shingles vaccine injury cases and denied remand of the cases to Pennsylvania state court (Jorja Bentley v. Merck & Co., Inc., et al., No. 17-1122, et al., E.D. Pa., 2017 U.S. Dist. LEXIS 81314).



Johnson & Johnson Pays $33M To Settle Consumer Protection Lawsuits By 42 States
HARRISBURG, Pa. - Johnson & Johnson on May 24 agreed to an injunction regarding recalled over-the-counter drugs and to pay $33 million to 42 states for violations of their respective consumer protection laws (Commonwealth of Pennsylvania, et al. v. Johnson & Johnson Consumer Inc., et al., No. 2017-cv-4007, Pa. Comm. Pls., Dauphin Co.).



$2.16M Verdict Returned In Pennsylvania Pelvic Mesh Trial
PHILADELPHIA - A Pennsylvania state court jury on May 26 awarded a plaintiff $2.16 million in an Ethicon Inc. pelvic mesh trial (Sharon Beltz, et al. v. Ethicon Women's Health and Urology, et al., No. 130603835, Pa. Comm. Pls., Philadelphia Co.).



Supreme Court Asked To Find That 510(k) Clearance Can Be Presented To Juries
WASHINGTON, D.C. - Ethicon Inc. on May 23 asked the U.S. Supreme Court to overrule a multidistrict litigation court and a federal appeals court and rule that the company can tell juries that the 510(k) clearance of its pelvic mesh devices is evidence that the Food and Drug Administration has found the products to be safe and effective (Ethicon, Inc., et al. v. Jo Huskey, et al., No. 16-1399, U.S. Sup.).



Teva Settles California Counties' Opioid Lawsuit For $1.6M, Marketing Restrictions
SANTA ANA, Calif. - Teva Pharmaceuticals Inc. has agreed to settle an opioid marketing lawsuit filed by Orange and Santa Clara counties for $1.6 million and marketing restrictions, according to a memorandum of understanding announced May 24 by Santa Clara County (State of California, et al. v. Purdue Pharma LP, et al., No. 2014-00725287, Calif. Super., Orange Co.).



5th Circuit Affirms That Abilify Tardive Dyskinesia Claim Is Prescribed By State Law
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 17 affirmed a district court's finding that a plaintiff's neurological injury claim involving the atypical antipsychotic drug Abilify was filed too late (Cory Jenkins v. Bristol-Myers Squibb Company, et al., No. 16-31133, 5th Cir., 2017 U.S. App. LEXIS 8673).



Testosterone MDL Judge Denies Late Limitations Defenses In 1st Bellwether Case
CHICAGO - The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on May 22 struck defendant AbbVie Inc.'s motion for summary judgment in the first bellwether trial after ruling that the defendant waived its statute of limitations and statute of repose defenses by raising them only weeks before the June 5 trial (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Jeffrey Konrad v. AbbVie, Inc., No. 15-966, N.D. Ill., E. Div.).



All Testosterone Replacement Therapy Defendants Must Replead Affirmative Defenses
CHICAGO - In the wake of the raising of statute of limitations/statute of repose defenses at the 11th-hour of the first bellwether case, the Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on May 23 ordered non-AbbVie Inc. defendants to replead any affirmative defenses that they contend still apply to a bellwether case (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill., Eastern Div.).



Birth Defects Claims Against Drugmaker Doomed By Insufficient Expert Opinions
BROOKLYN, N.Y. - Two medical experts lack the qualifications and reliable methodology to opine that a mother's use of an anti-epileptic drug linked to birth defects caused her son's severe birth defects, so summary judgment for the drugmaker is warranted on the mother's failure-to-warn claims, a New York federal magistrate judge held May 22 (N.K., an infant, by his mother and natural guardian, Tanja Bruestle-Kumra v. Abbott Laboratories, No. 14-cv-4875, E.D. N.Y., 2017 U.S. Dist. LEXIS 77461).



Depakote Birth Defect Trial Under Way In Illinois
EAST ST. LOUIS, Ill. - A Depakote birth defect trial got under way on May 23 in an Illinois federal court (E.G., et al. v. Abbott Laboratories Inc., No. 15-702, S.D. Ill.).



Negligence Per Se Claim In Cook IVC Filter Bellwether Case Dismissed Under FDCA
INDIANAPOLIS - An Indiana judge overseeing the Cook Medical Inc. inferior vena cava (IVC) multidistrict litigation on May 17 granted judgment to the device maker on a bellwether plaintiff's claim of negligence per se (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Product Liability Litigation, MDL Docket No. 2570, No. 15-ml-2570, Elizabeth Jane Hill v. Cook Medical, Inc., No. 14-6016, S.D. Ind., Indianapolis Div.).



Metal-On-Metal Hip Case Out On Illinois Statute Of Limitations Based On Admissions
PEORIA, Ill. - An Illinois federal judge on May 22 granted summary judgment to hip maker Smith & Nephew Inc. because the plaintiff's deposition testimony showed that she was aware of possible fault prior to the expiration of the statute of limitations (Doris R. Cochran v. Smith & Nephew, Inc., No. 16-1121, C.D. Ill., 2017 U.S. Dist. LEXIS 77095).



California Lipitor Cases Remanded; Case Count Falls Under CAFA's 100 Threshold
SANTA ANA, Calif. - A California federal judge on May 23 granted remand in more than 100 Lipitor/diabetes cases because less than 100 plaintiffs have proposed that the court conduct a joint trial to trigger federal jurisdiction under the Class Action Fairness Act (CAFA), 119 Stat. 4 (In Re: Pfizer, No. 17-mc-00005, C.D. Calif., Southern Div., 2017 U.S. Dist. LEXIS 79714).



Xarelto MDL Judge Says Janssen Witness Must Testify By Remote, Live Transmission
NEW ORLEANS - The Louisiana federal judge overseeing the Xarelto multidistrict litigation on May 26 again denied a defense motion to quash a subpoena to have a company witness in New Jersey give live testimony at an upcoming New Orleans bellwether trial via remote transmission (In Re: Xarelto [Rivaroxaban] Products Liability Litigation, MDL Docket No. 2592, Joseph Orr Jr. v. Janssen Pharmaceuticals, Inc., et al., No. 15-3708, E.D. Pa., 2017 U.S. Dist. LEXIS 81047).



Summary Judgment Granted In Smith & Nephew Legion Knee Case
FRESNO, Calif. - A California federal judge on May 23 granted summary judgment in a Smith & Nephew Inc. knee case, saying that the plaintiff failed to present much evidence to support his claims and that his rebuttals fell short (Ruben B. Merancio, et al. v. Smith & Nephew, Inc., et al., No. 15-807, E.D. Calif., 2017 U.S. Dist. LEXIS 78352).



Hernia Patch Case Dismissed For No Showing Of Causation, Product Defect
NEW YORK - A New York federal judge on May 22 dismissed a hernia patch lawsuit because the plaintiff failed to show that the device caused her alleged injuries and because she failed to allege that the device was defective (Judith Rincon v. Coviden, et al., No. 16-10033, S.D. N.Y., 2017 U.S. Dist. LEXIS 77458).






HeartMate Heart Device Controllers Under Class I Recall After 26 Deaths
SILVER SPRING, Md. - The Food and Drug Administration on May 23 said Abbott-Thoratec has issued a Class I recall of its HeartMate II LVAS (left ventricular assist system) controller after receiving reports of 19 injuries and 26 deaths associated with the heart device.