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Massachusetts Appeals Court Reverses Boston Scientific Pelvic Mesh Defense Verdict
BOSTON - A Massachusetts appeals panel on Sept. 13 reversed a defense verdict in a Boston Scientific Corp. (BSC) pelvic mesh case, finding that the trial judge erred by excluding evidence about a material safety data sheet (MSDS) and two Food and Drug Administration letters that called the device's safety into question (Diane Albright v. Boston Scientific Corporation, No. 15-P-633, Mass. App.; 2016 Mass. App. LEXIS 123).



Judge In Mentor ObTape MDL Will Consider Sanctions In Nonmeritorious Cases
COLUMBUS, Ga. - Frustrated with cases that have "no good basis," the Georgia federal judge overseeing the Mentor ObTape pelvic mesh multidistrict litigation on Sept. 7 placed plaintiff attorneys on notice that they may face sanctions in the future (In Re: Mentor Corp. ObTape Transobturator Sling Products Liability Litigation, MDL Docket No. 2004, No. 08-md-2004, M.D. Ga., Columbus Div.).



Kentucky Sues Ethicon, Parent For Consumer Violations Involving Pelvic Mesh
FRANKFORT, Ky. - Kentucky on Aug. 15 filed a consumer protection lawsuit against Johnson & Johnson and its Ethicon Inc. subsidiary for their marketing of pelvic mesh devices (Commonwealth of Kentucky, ex rel. Andy Beshear v. Johnson & Johnson, et al., No. 16-CI-867, Ky. Cir., Franklin Co.).



9th Circuit Affirms Doctor's Conviction For Conspiracy To Adulterate Devices
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Sept. 9 affirmed the conviction of a Nevada urologist for conspiracy to adulterate medical devices with intent to defraud or mislead (United States of America v. Michael Stanley Kaplan, M.D., No. 15-10241, 9th Cir.; 2016 U.S. App. LEXIS 16570).



Convicted Acclarent Execs Seek Post-Verdict Acquittal Or New Trial In Device Case
BOSTON - Two former medical device company executives convicted of misdemeanors for adulterating and misbranding a device on Aug. 31 asked a Massachusetts federal judge for a judgment of acquittal or a new trial (United States v. William Facteau, et al., No. 15-1076, D. Mass.).



Missouri Wants En Banc Rehearing On 8th Circuit's Lethal Injection Ruling
ST. LOUIS - The State of Missouri on Sept. 7 petitioned the Eighth Circuit U.S. Court of Appeals for an en banc rehearing of a Sept. 2 panel decision denying mandamus to prevent the Missouri Department of Corrections (MDOC) from having to say how and from whom it obtains pentobarbital for lethal injection executions (In Re: Missouri Department of Corrections, No. 16-3072, 8th Cir.; 2016 U.S. App. LEXIS 16250).



Zohydro Maker, Massachusetts Dismiss Company's Challenge To State's Opioid Restrictions
BOSTON - Zohydro maker Zogenix Inc. and Massachusetts on Sept. 7 stipulated to dismissal without prejudice of the company's federal lawsuit challenging the state's restrictions of the opioid pain drug (Zogenix, Inc. v. Charles D. Baker, et al., No. 14-11689, D. Mass.).



Judge Won't Reopen Artificial Disc Case; Plaintiff Should Have Been More Diligent
MONROE, La. - A Louisiana federal judge on Aug. 31 denied a motion to reopen an artificial spinal disc case, saying that even though the plaintiff claims to have received new evidence, he could have and should have identified the device earlier in the litigation (Bryant Lyles v. Medtronic, Inc., et al., No. 15-0910, W.D. La., Monroe Div.; 2016 U.S. Dist. LEXIS 118382).



Manufacturing Defect, Warranty Claims Are Only Survivors In Drug Pump Ruling
PHILADELPHIA - Only a plaintiff's manufacturing defect and express warranty claim remain after a Pennsylvania federal judge issued a ruling on Aug. 31 finding that her negligence, implied warranty and state consumer claims involving a SynchroMed drug pump and catheters are preempted by federal law (Sandra White v. Medtronic, Inc., et al., No. 16-2638, E.D. Pa.; 2016 U.S. Dist. LEXIS 117101).



Bard Can Look Into Plaintiffs' Communications With FDA Regarding IVC Filters
PHOENIX - An Arizona federal judge overseeing the C.R. Bard Inc. inferior vena cava (IVC) multidistrict litigation on Sept. 6 said the defendant can conduct discovery into the plaintiffs' alleged efforts to influence the Food and Drug Administration, but not into the plaintiffs' communications with NBC Nightly News or third-party litigation funding (In Re: Bard IVC Filters Products Liability Litigation, MDL Docket No. 2641, No. 15-md-2641, D. Ariz.).



West Virginia Court: Zoloft Birth Defect Claims Barred By Michigan Shield Law
CHARLESTON, W.Va. - A West Virginia state court judge on Aug. 30 granted summary judgment in a Zoloft birth defect case, finding that the plaintiffs' claims of failure to warn and misrepresentation to the Food and Drug Administration are barred by Michigan's drug shield law (In Re: Zoloft Litigation, No. 14-C-7000, M.M., et al. v. Pfizer, Inc., et al., No. 12-C-149, W.Va. Cir., Kanawha Co.).



Common Benefit Fees In Ethicon Morcellator MDL Cut To Flat 6 Percent
KANSAS CITY, Kan. - Common benefit fees in the Ethicon power morcellator multidistrict litigation were all limited to 6 percent on Sept. 8 after the MDL judge said the Plaintiffs' Steering Committee (PSC) felt the fee of more than 6 percent is no longer appropriate (In Re: Ethicon, Inc., Power Morcellator Products Liability Litigation, MDL Docket No. 2652, No. 15-md-2652, D. Kan.).



Plaintiff Tells 11th Circuit There's No Error In $10.55M Wright Hip Verdict
ATLANTA - A plaintiff who won a $10.55 million verdict in a Wright Medical Conserve hip trial on Aug. 30 told the 11th Circuit U.S. Court of Appeals that the trial court did not err in its handling of the verdict, including sending the jury back after it first returned an inconsistent verdict (In Re: Wright Medical Technology, Inc., et al., Robyn Christiansen, et al. v. Wright Medical Technology Inc., No. 16-12162, 11th Cir.).



Plaintiffs Tell 9th Circuit Incretin Mimetic MDL Court Got Preemption Law Wrong
SAN FRANCISCO - The incretin mimetic multidistrict litigation court misinterpreted U.S. Supreme Court preemption law in dismissing the MDL, plaintiffs tell the Ninth Circuit U.S. Court of Appeals in a Sept. 6 reply brief (In Re: Incretin-Based Therapies Products Liability Litigation, Jean Adams, et al. v. Merck Sharp & Dohme Corp., et al., No. 15-56997, 9th Cir.).



Kentucky Sues Fresenius To Recover Medicaid Costs From GranuFlo Injuries
FRANKFORT, Ky. - Kentucky on Sept. 1 filed a public interest lawsuit against Fresenius Medical Care Holdings Inc. to recover the Medicaid costs the commonwealth incurred for kidney dialysis patients who were harmed by GranuFlo dialysate made by Fresenius (Commonwealth of Kentucky, ex rel. Andy Beshear v. Fresenius Medical Care Holdings, Inc., et al., No. n/a, Ky. Cir., Franklin Co.).



St. Jude: Hacking Report Was Scheme To Profit By Short Selling
MINNEAPOLIS - Heart device maker St. Jude Medical Inc. on Sept. 7 sued a hedge fund and a cybersecurity research firm for defamation for issuing a report that St. Jude's devices can be hacked and that patients should disable remote monitoring devices (St. Jude Medical, Inc. v. Muddy Waters Consulting LLC, et al., No. 16-03002, D. Minn.).



Banking Defendants In NECC Outbreak Won't Face Victim Impact Statements
BOSTON - Victims of the 2012 fungal meningitis outbreak will not be allowed to submit victim impact statements when two principals of the defunct New England Compounding Center (NECC) are sentenced for illegal bank transfers, a Massachusetts federal judge ruled Aug. 18 (United States of America v. Carla R. Conigliaro, et al., No. 14-10363, D. Mass.; 2016 U.S. Dist. LEXIS 110020).



2nd Circuit Affirms: Pregnancy Test Claims Were False Advertising
NEW YORK - Findings by a New York federal judge that the marketer of a home pregnancy test committed false advertising under the Lanham Act by implying that the product measures weeks of pregnancy in a manner consistent with that used by doctors were affirmed Sept. 9 by the Second Circuit U.S. Court of Appeals (Church & Dwight Co. Inc. v. SPD Swiss Precision Diagnostics GMBH, No. 15-2411, 2nd Cir.; 2016 U.S. App. LEXIS 16625).



FDA Recommends Against Ovarian Cancer Screening Tests
SILVER SPRING, Md. - The Food and Drug Administration on Sept. 7 recommended that women and doctors not use currently marketed tests to screen for ovarian cancer, saying the tests are not sensitive enough to reliably screen for the disease.






California Supreme Court: State Court Has Specific Jurisdiction In Plavix Cases
SAN FRANCISCO - In a 4-3 ruling, the California Supreme Court on Aug. 29 ruled that a California state court has personal jurisdiction over Bristol-Myers Squibb Co. (BMS) in Plavix personal injury cases involving out-of-state plaintiffs (Bristol-Myers Squibb Company v. The Superior Court of San Francisco County, et al., No. S221038, Calif. Sup.: 2016 Cal. LEXIS 7124).



New Jersey High Court Says Failure To Update Drug Labels Isn't Preempted
TRENTON, N.J. - The New Jersey Supreme Court on Aug. 22 affirmed trial court and appellate court rulings that failure-to-warn claims involving generic versions of the heartburn drug Reglan are not preempted if plaintiffs can show that the generic manufacturers failed to timely update their labels to warn that long-term use of the drug can result in permanent neurological injury (In Re: Reglan Litigation, No. 075269, N.J. Sup.; 2016 N.J. LEXIS 857).



Illinois Appeals Court: In-State Paxil Studies Confer State Court Jurisdiction
CHICAGO - An Illinois state appeals court panel on Aug. 26 affirmed a trial court ruling that it had jurisdiction over GlaxoSmithKline LLP (GSK) in a multiplaintiff Paxil birth defect case in part because GSK conducted Paxil clinical trials in the state that included pregnant study participants (M.M., et al. v. GlaxoSmithKline LLC, et al., No. 1-15-1909, Ill. App., 1st Dist., 5th Div.; 2016 Ill. App. LEXIS 575).



5th Circuit Affirms No Showing Of Bad Faith Spoliation In Lanx Pedicle Screw Case
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on Aug. 16 affirmed summary judgment in a pedicle screw case, finding that the plaintiff failed to show bad faith spoliation of evidence or fraudulent concealment of the device's intended use from the Food and Drug Administration (Rocky Estes v. Lanx, Incorporated, et al., No. 16-60043, 5th Cir.).



Arbitration Affirmed By 9th Circuit In 23andMe Consumer Class Actions
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Aug. 23 affirmed a lower court ruling that an arbitration provision by DNA testing company 23andMe Inc. is not unconscionable under California law (David Tompkins, et al. v. 23andMe, Inc., No. 14-16405, 9th Cir.; 2016 U.S. App. LEXIS 15443).



Judge Approves Lien Settlement In Fungal Meningitis MDL; Federal Approval Pending
BOSTON - The Massachusetts federal judge overseeing the fungal meningitis multidistrict litigation on Aug. 24 approved a Medicare lien settlement agreement even though the U.S. Justice Department is still considering whether to approve the pact (In Re: New England Compounding Pharmacy, Inc. Products Liability Litigation, MDL Docket No. 2419, No. 13-md-2419, D. Mass.).



Fungal Meningitis MDL Judge Recommends Remanding 66 Clinic-Only Cases
BOSTON - The Massachusetts judge overseeing the fungal meningitis multidistrict litigation on Aug. 25 recommended that a federal judicial panel remand 66 cases involving claims against health care providers (In Re: New England Compounding Pharmacy, Inc. Products Liability Litigation, MDL Docket No. 2419, No. 13-md-2419, D. Mass.).



California State Court Judge Overrules Most Preemption Demurrers In Essure Cases
OAKLAND, Calif. - A California state court judge on Aug. 1 ruled that most claims by plaintiffs in 11 lawsuits involving the Essure birth control device are not preempted by federal law (Lance v. Bayer Essure Inc., et al., No. RG16809860, et al., Calif. Super., Alameda Co.).



Failure To Provide Amiodarone Drug Guide Not Preempted, Federal Judge Says
MADISON, Wis. - A Wisconsin federal judge on Aug. 23 said that a claim involving the failure of a drug maker to provide a medication guide for the heart drug amiodarone is not preempted under state law and that the plaintiffs can bring a negligence per se claim (Judy Marvin, et al. v. Zydus Pharmaceuticals [USA] Inc., et al., No 15-749, W.D. Wis.).



Amiodarone Wrongful Death Case Dismissed As Preempted, Poorly Pleaded
BIRMINGHAM, Ala. - An Alabama federal judge on Aug. 18 dismissed a plaintiff's claims that generic drug maker Sandoz Inc. failed to give her husband a medication guide warning of possible lung damage and that it promoted the drug for off-label uses (Frances Elliot, et al. v. Sandoz, Inc., No. 16-861, N.D. Ala., Southern Div.; 2016 U.S. Dist. LEXIS 109609).



Corneal Scarring Claims From Contact Lenses Are Preempted, Judge Rules
BROOKLYN, N.Y. - A New York federal judge on Aug. 25 dismissed as preempted a plaintiffs claim that she suffered corneal scarring from Acuvue Oasys contact lenses (Anna Crissi v. Johnson & Johnson Vision Care, Inc., et al., No. 15-4230, E.D. N.Y.; 2016 U.S. Dist. LEXIS 114160).



Hemostatic Device Claims Preempted, But Judge Allows Parallel Claim Amendment
SAN DIEGO - A plaintiff's negligence claims involving a hemostatic device are preempted by federal law, but a California federal judge on Aug. 22 allowed the plaintiff leave to file an amended complaint that makes specific allegations that her claims parallel, rather than conflict with, federal regulations and are not preempted (Kimberly Weaver, et al. v. Ethicon, Inc., et al., No. 16-257, S.D. Calif.; 2016 U.S. Dist. LEXIS 111761).



Ethicon Pelvic Mesh MDL Judge Issues Daubert Rulings For 32 Plaintiff, Defense Experts
CHARLESTON, W.Va. - The West Virginia federal judge overseeing the Ethicon pelvic mesh multidistrict litigation on Aug. 25, 26 and 30 issued 32 mostly split decisions on expert witness challenges raised by both plaintiffs and the defense in Wave I cases (In Re: Ethicon Inc. Pelvic Repair Systems Product Liability Litigation, MDL Docket No. 2327, No. 12-md-2327, S.D. W.Va.; 2016 U.S. Dist. LEXIS 115087).



Pro Se Pelvic Mesh Plaintiff Questions Caldera's Solvency While In Joint Venture
LOS ANGELES - A pro se plaintiff on Aug. 22 asked a California federal court to order pelvic mesh maker Caldera Medical Inc. to "cease and desist" from using any corporate assets for a partnership with a nonprofit while at the same time claiming to be nearly insolvent (Federal Insurance Company, et al. v. Caldera Medical, Inc., et al., No. 15-393, C.D. Calif.).



Biogen, Elan Get Summary Judgment In Tysabri Wrongful Death Case
SALT LAKE CITY - A Utah federal judge on Aug. 5 granted summary judgment in a Tysabri wrongful death case, finding that the plaintiff's claims are preempted by federal law and that the drug's warning label warned of a possible brain infection and because the plaintiff lacked a qualified expert (Kenneth Christison, et al. v. Biogen Idec Inc., et al., No. 11-1140, D. Utah, Central Div.; 2016 U.S. Dist. LEXIS 110273).



Lipitor MDL Plaintiffs Get Last Chance To Say If They Don't Need Experts
CHARLESTON, S.C. - The South Carolina federal judge overseeing the Lipitor diabetes multidistrict litigation on Aug. 23 gave any plaintiff 60 days to state if they think their case can survive summary judgment without causation expert testimony (In Re: Lipitor [Atorvastatin Calcium] Marketing, Sales Practices and Products Liability Litigation, MDL Docket No. 2502, No. 14-mn-2502, D. S.C., Charleston Div.).



Bard IVC Filter MDL Plaintiffs Denied Deposition Of Bard Executive
PHOENIX - The Arizona federal judge overseeing the C.R. Bard inferior vena cava (IVC) filter multidistrict litigation on Aug. 29 denied the plaintiffs' motion to depose a defendant executive, saying the would-be deponent doesn't have unique knowledge that the plaintiffs haven't shows they can't get their answers elsewhere (In Re: Bard IVC Filters Products Liability Litigation, MDL Docket No. 2641, No. 15-md-2641, D. Ariz.).



Actavis, GSK Escape Some Third-Party RICO Claims; MDL Judge Keeps Rest
CHICAGO - The federal judge overseeing the testosterone multidistrict litigation on Aug. 2 dismissed negligent misrepresentation and substantive Racketeer Influenced and Corrupt Organizations (RICO) Act claims made by insurer Medical Mutual of Ohio against defendants Actavis PLC and GlaxoSmithKline PLC (GSK) but said other claims in the insurer's second amended complaint against the two companies and against other defendants survive (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill., Eastern Div.).



Androderm Maker Actavis Wants Reconsideration Of MDL Court's RICO Ruling Or Appeal
CHICAGO - Actavis PLC on Aug. 29 asked the testosterone replacement therapy multidistrict litigation court to reconsider its finding that Actavis engaged in racketeering with other defendants or, alternatively, to certify the issue for interlocutory appeal (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1749, Medical Mutual of Ohio v. AbbVie Inc., et al., No. 14-8857, N.D. Ill., Eastern Div.).



Genentech Seeks Preemption Summary Judgment In Herceptin Vial MDL
TULSA, Okla. - Genentech Inc. on Aug. 23 moved for summary judgment in the Herceptin vial multidistrict litigation, arguing that plaintiff claims that vials were underfilled are preempted by federal law (In Re: Genentech, Inc., Herceptin [Trastuzumab] Marketing and Sales Practices Litigation, MDL Docket No. 2700, No.16-md-2700, N.D. Okla.).



Illinois Sues Subsys Maker For Off-Label Promotion Of Opioid Cancer Drug
CHICAGO - The Illinois attorney general on Aug. 25 filed a state consumer fraud complaint asking that Insys Therapeutics Inc. be enjoined from doing business in the state for its off-label promotion of the fentanyl-based opioid Subsys (The People of the State of Illinois v. Insys Therapeutics, Inc., No. 2016-CH-11216, Ill. Cir., Cook Co.).



Mylan To Begin Selling Generic EpiPen In Wake Of Public, Congressional Criticism
PITTSBURGH - In the wake of public criticism and congressional questions, EpiPen maker Mylan N.V. on Aug. 29 announced that it will begin selling a generic version of the epinephrine injectors for half the $600 list price of the brand name device.



FDA Advises All Blood Donations Be Tested For Zika Virus
SILVER SPRING, Md. - The Food and Drug Administration on Aug. 26 advised that all donated blood and blood components in the United States and its territories be tested for the Zika virus.



Investors Failed To Plead Elements Of Their Securities Claims, Shkreli Argues
SAN FRANCISCO - Dismissal of claims against former KaloBios Pharmaceuticals Inc. CEO Martin Shkreli is proper because the lead plaintiffs have failed to plead reliance and because Shkreli's allegedly false and misleading statements did not trigger a duty to disclose any alleged omissions, Shkreli argues in an Aug. 16 motion to dismiss (Kang Li v. KaloBios Pharmaceuticals Inc., et al., No. 15-5841, N.D. Calif.).






$6.66M In Delay Damages Added to $70M Risperdal Verdict By Pennsylvania Judge
PHILADELPHIA - A Pennsylvania state court judge on Aug. 10 awarded $6.66 million in delay damages to a $70 million jury award in a Risperdal gynecomastia case (A.Y. v. Janssen Pharmaceuticals, Inc., et al., No. 130402094, Pa. Comm. Pls., Philadelphia Co.).



Joint Motion For Abilify MDL Will Be Heard Sept. 29 By Judicial Panel
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) will hear arguments on Sept. 29 on a request by plaintiffs and defendants to centralize federal lawsuits alleging that Abilify causes compulsive gambling, according to an Aug. 11 panel order (In Re: Abilify [Aripiprazole] Products Liability Litigation, MDL Docket No. 2734, JPMDL).



Medicare Gets Aug. 25 Deadline To Finalize Lien Settlement For Meningitis Outbreak
BOSTON - The Massachusetts federal judge overseeing the $200 million fungal meningitis outbreak settlement on Aug. 16 told the parties that she wants a contentious Medicare lien agreement finalized by Aug. 25, a source told Mealey Publications (In Re: New England Compounding Pharmacy, Inc. Products Liability Litigation, MDL Docket No. 2419, No. 13-md-2419, D. Mass.).



9th Circuit Affirms Dismissal Of NuBone California Class Action
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 16 affirmed dismissal of a NuBone bone putty class action complaint, saying the plaintiff failed to prove there was a contract between him and manufacturer Globus Medical Inc. and negligence per se is not a recognized independent claim under California law (Eugene A. DeBons, et al. v. Globus Medical, Inc., No. 14-56455, 9th Cir.; 2016 U.S. App. LEXIS 15057).



Zoloft Heart Defect Plaintiffs Tell 3rd Circuit MDL Judge Exceeded Daubert Bounds
PHILADELPHIA - Women who claim that their babies were born with heart defects caused by the antidepressant Zoloft on Aug. 10 told the Third Circuit U.S. Court of Appeals that a federal multidistrict litigation judge erred by ruling that the plaintiffs' causation expert's opinion must be supported by "multiple replicated observational studies showing a statistically significant association between the drug and the disease" (In Re: Zoloft [Sertraline Hydrochloride] Products Liability Litigation, Jennifer Adams v. Wolters Kluwer Health Inc., et al., No. 16-2247, 3rd Cir.).



Tysabri Brain Infection Case Dismissed; Label Adequate, Claims Preempted
CAMBRIDGE, Mass. - A New York state court judge on July 28 granted summary judgment in a fatal Tysabri brain infection case, finding that the drug's label warned of the injury the decedent suffered and a failure-to-warn claim is preempted by federal law (Gerald Gentile v. Biogen Idec, Inc., et al., No.1181-CV-03500, Mass. Super., Middlesex Co.; 2016 Mass. Super. LEXIS 238).



Discovery Master: Voluntary Dismissals Of 27 Thalidomide Cases Is Voluntary
PHILADELPHIA - A special discovery master on Aug. 10 recommended that the U.S. District Court for the Eastern District of Pennsylvania allow 27 thalidomide plaintiffs to dismiss their claims against GlaxoSmithKline LLC (GSK) with prejudice because, after a court-ordered investigation that included interviewing all plaintiffs, he found that the plaintiffs want to dismiss (Glenda Johnson, et al. v. SmithKline Beecham Corporation, et al., No. 11-5782, E.D. Pa.).



Essure MDL Motion Dropped After District Court Consolidates Cases
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Aug. 12 allowed plaintiffs to withdraw their motion to centralize Essure birth control device federal lawsuits and vacated a Sept. 29 hearing on the motion (In Re: Essure Birth Control Device Product Liability Litigation, MDL Docket No. 2739, JPMDL).



Magistrate Judge Says Lack Of Tissue Bag For Morcellator Can Be A Product Defect
NEWARK, N.J. - A New Jersey federal magistrate judge on Aug. 11 allowed a plaintiff in a power morcellator case to amend her complaint to argue that the lack of a tissue bag is a defect (Sumaira Khan v. Karl Storz Endoscopy-America, Inc., et al., No. 15-7822, D. N.J.; 2016 U.S. Dist. LEXIS 106130).



Drug Pump Plaintiffs Told To Refile, Show Why Claims Aren't Preempted
NEW ORLEANS - A Louisiana federal judge on Aug. 9 told three drug pump patients to file amended complaints to try to show that their claims are not preempted by federal law (Erika Chiasson, et al. v. Medtronic Inc., et al., Nos. 16-789, 16-3552 and 16-3721, E.D. La.; 2016 U.S. Dist. LEXIS 104716).



GSK Doesn't Want To Let Avandia Third-Party Payers Out Of Class Actions So Easily
PHILADELPHIA - Five days after two third-party payers moved to dismiss their Avandia claims with prejudice, defendant GlaxoSmithKline LLC (GSK) on Aug. 9 asked the multidistrict litigation court to instead order the plaintiffs to provide evidence in support of their claims rather than allow them to "flee" the litigation and stick GSK with several years of substantial expenses defending against the lawsuits (In Re: Avandia Marketing, Sales Practices and Products Liability Litigation, MDL Docket No. 1871, No. 07-md-1871, Allied Services Division Welfare Fund v. SmithKline Beecham Corporation, et al., No. 09-730, United Benefit Fund v. Smith Kline Beecham Corporation, et al., No. 10-5419, E.D. Pa.).



Plaintiff Attorneys Want Common Benefit Holdback Increased From 9 To 11 Percent
BOSTON - With a $250 million settlement finalized about a week earlier, plaintiff attorneys on Aug. 8 asked the Fresenius GranuFlo/NaturaLyte multidistrict litigation court to increase the common benefit holdback from 9 to 11 percent because they say it will not adequately compensate attorneys for their time or costs (In Re: Fresenius GranuFlo/NaturaLyte Dialysate Products Liability Litigation, MDL Docket No. 2428, No. 13-md-2428, D. Mass.).



Lipitor Plaintiffs Must Say Why They Don't Need Expert Causation Testimony
CHARLESTON, S.C. - Plaintiffs who think their states' laws allow them to prove their Lipitor claims without expert causation testimony were given 15 days to say so in response to an omnibus summary judgment motion, according to an Aug. 3 order by the South Carolina federal judge overseeing the multidistrict litigation (In Re: Lipitor [Atorvastatin Calcium] Marketing, Sales Practices and Products Liability Litigation, MDL Docket No. 14-mn-2502, D. S.C.).



2 Mentor ObTape MDL Cases Dismissed By Judge On Statute Of Limitations Grounds
COLUMBUS, Ga. - A Georgia federal judge overseeing the ObTape pelvic mesh multidistrict litigation on Aug. 15 dismissed three cases for missing their states' applicable statutes of limitations (In Re: Mentor ObTape Transobturator Sling Products Liability Litigation, MDL Docket No. 2004, No. 08-md-2004, Susan S. Jeffcoat-Canter v. Mentor Corp., No. 13-301, W.D. Ga., Columbus Div.; 2016 U.S. Dist. LEXIS 107401; Janice Little, et al. v. Mentor Corp., No. 13-244, Julie Winchester v. Mentor Corp., No. 13-245, M.D. Ga., Columbus Div.; 2016 U.S. Dist. LEXIS 107397).



Chemotherapy Hair Loss MDL Will Be Considered At Sept. 29 Hearing
WASHINGTON, D.C. - Arguments will be heard Sept. 29 on the centralization of federal lawsuits in which breast cancer patients allege that the chemotherapy drug Taxotere causes permanent hair loss, according to an Aug. 11 hearing order of the Judicial Panel on Multidistrict Litigation (JPMDL) (In Re: Taxotere [Docetaxel] Products Liability Litigation, MDL Docket No. 2740, JPMDL).



Testosterone MDL Judge Picks 1st 8 AndroGel Bellwether Cases
CHICAGO - The Illinois federal judge overseeing the testosterone multidistrict litigation on Aug. 4 identified eight AbbVie heart attack, stroke and blood clot cases for the MDL's first bellwether trials starting next year (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill., Eastern Div.).



Consumers, States To Get $125M For Provigil Pay-To-Delay Scheme
PHILADELPHIA - Forty-eight states on Aug. 4 asked a Pennsylvania federal court to approve a $125 million settlement with Cephalon Inc. and related companies for delaying the introduction of generic Provigil (State of New York, et al. v. Cephalon, Inc., et al., No. 16-4234, E.D. Pa.).