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1st Cook IVC MDL Bellwether Trial Ends In Defense Verdict
INDIANAPOLIS - The first bellwether trial in the Cook Medical Inc. inferior vena cava (IVC) filter multidistrict litigation ended Nov. 9 with a verdict for the defendant (Elizabeth Jane Hill v. Cook Medical, LLC, et al., No. 14-6016, S.D. Indiana, Indianapolis Div.).



Defense Verdict Returned In Pelvic Mesh Trial Remanded From MDL
HOUSTON - A Texas federal jury on Nov. 9 returned a defense verdict in an Ethicon pelvic mesh case that was remanded from a multidistrict litigation (Cheryl Lankston v. Ethicon, Inc., et al., No. 17-323, S.D. Texas, Houston Div.).



Mississippi Supreme Court Vacates $1.95M Risperdal Verdict, Remands For Retrial
JACKSON, Miss. - A divided Mississippi Supreme Court on Oct. 19 reversed a $1.95 million verdict in a Risperdal tardive dyskinesia case, finding that there was no failure to warn but remanding for a new trial on the question of negligent misrepresentation (Johnson & Johnson, et al. v. Brenda Fortenberry, et al., No. 2015-CA-01369-SCT, Miss. Sup., 2017 Miss. LEXIS 421).



Risperdal Gynecomastia Defense Verdict Reversed On Appeal For 'Expert' Testimony
PHILADELPHIA - A Pennsylvania state appeals court panel on Nov. 13 reversed a Risperdal gynecomastia defense verdict, finding that the trial court erred in not treating physician assistant's testimony as that of a causation expert (W.C. v. Janssen Pharmaceuticals, Inc., et al., No. 2451 EDA 2015, Pa. Super., 2017 Pa. Super. LEXIS 909).



Pennsylvania Appeals Court: 2 Risperdal Gynecomastia Cases Time-Barred
PHILADELPHIA - A Pennsylvania appeals panel on Nov. 13 affirmed defense summary judgment in two Risperdal gynecomastia cases, ruling that the plaintiffs reasonably should have known that their alleged injuries were caused by the drug before they filed suit a minimum of six years too late (Jonathan Saksek v. Janssen Pharmaceuticals, Inc., et al., No. 576 EDA 2015, Joshua Winter v. Janssen Pharmaceuticals, Inc., et al., No. 590 EDA 2015, Pa. Super., 2017 Pa. Super. Unpub. LEXIS 4163).



West Virginia High Court Affirms Summary Judgment In Zoloft Birth Defect Case
CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on Nov. 1 affirmed summary judgment in a Zoloft birth defect case because Michigan's drug shield law preempts the failure-to-warn claim and because the law's only exception for fraud is preempted by federal law (M.M., et al. v. Pfizer, Inc., et al., No. 16-0927, W. Va. Sup., 2017 W. Va. LEXIS 859).



Federal Circuit Affirms Denial Of FluMist Death Claim
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Nov. 1 affirmed a special master's ruling that a claimant had not proven that FluMist caused her daughter's death from Leigh disease (H.L., et al. v. Secretary of Health and Human Services, No. 17-1218, Fed. Cir., 2017 U.S. App. LEXIS 21708).



Arizona Appeals Court Partially Vacates Drug Pump Preemption
PHOENIX - An Arizona state appeals court on Oct. 19 partially vacated a preemption ruling involving a Medtronic drug pump case (Raymond R. Conklin, et al. v. Medtronic, Inc., et al., No. 1 CA-CV 16-0252, Ariz. App., Div. 1, 2017 Ariz. App. LEXIS 185).



4 Opioid Makers Ask U.S. High Court To Bar States From Hiring Outside Counsel
WASHINGTON, D.C. - Five opioid drug makers on Oct. 27 asked the U.S. Supreme Court to overturn a New Hampshire Supreme Court ruling that allows the state attorney general to hire outside attorneys to represent the state in a civil lawsuit involving the opioid crisis (Endo Pharmaceuticals, Inc., v. New Hampshire, No. 17-633, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 4205).



Insys Therapeutics Sets Aside $150M For Possible Justice Department Settlement
PHOENIX - Opioid maker Insys Therapeutics Inc. on Nov. 2 said it has accrued a minimum liability of $150 million over five years in connection with an ongoing U.S. Department of Justice (DOJ) investigation.



4 West Virginia Cities File Opioid Class Action Against Accreditation Organization
CHARLESTON, W.Va. - Four West Virginia cities on Nov. 2 filed a national class action against a hospital-credentialing organization, saying it teamed with OxyContin maker Purdue Pharma LP to create pain management standards for hospitals that "grossly misrepresented the addictive qualities of opioids and fostered dangerous pain control practices" (City of Charleston, et al. v. The Joint Commission, et al., No. 17-4267, S.D. W.Va.).



Defendants In Securities Class Action Against Drug Maker Seek Dismissal
NEW YORK - Dismissal of a second amended shareholder class action lawsuit against a drug maker and certain of its current and former executive officers is warranted because the lead plaintiff in the action failed to state any actionable misrepresentations or scienter in making federal securities law claims, defendants argue in a Nov. 3 motion to dismiss filed in New York federal court (In re Insys Therapeutics Inc. Securities Litigation, No. 17-1954, S.D. N.Y.).



1st Testim MDL Testosterone Trial Under Way In Illinois Federal Court
CHICAGO - The first testosterone replacement therapy multidistrict bellwether trial involving Testim got under way on Nov. 6 in the U.S. District Court for the Northern District of Illinois (In Re: Testosterone Replacement Therapy Litigation, MDL Docket No. 2545, Steve Holtsclaw v. Auxilium Pharmaceuticals LLC, et al., No. 15-3941, N.D. Ill.).



1st Pennsylvania Xarelto Trial Under Way In Philadelphia
PHILADELPHIA - The first Xarelto bleeding injury trial in Pennsylvania state court got under way Nov. 6 in the Philadelphia County Common Pleas Court (In Re: Xarelto Products Liability Litigation, Lynn Hartman, et al. v. Janssen Pharmaceuticals, Inc., No. 160503416, Pa. Comm. Pls., Philadelphia Co.).



Jury Deliberating In 4th DePuy Pinnacle Hip MDL Trial With 6 Plaintiffs
DALLAS - A Texas federal jury on Nov. 13 began deliberating in a multiplaintiff DePuy Pinnacle hip trial after nine weeks of testimony (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).



Arkansas Supreme Court: Execution Drug Maker Must Be Identified
LITTLE ROCK, Ark. - A split Arkansas Supreme Court on Nov. 2 agreed with a lower court that state law does not prohibit the identification of manufacturers of an execution drug but said it does require protection of the identities of sellers and suppliers (Arkansas Department of Correction, et al. v. Steven Shults, No. CV-17-788, Ark. Sup., 2017 Ark. LEXIS 266).



MDL Judge Will Allow Limited Discovery Into C-Qur Patch Swedish Parent Company
CONCORD, N.H. - The New Hampshire federal judge overseeing the C-Qur mesh multidistrict litigation on Nov. 14 denied without prejudice a motion by the defendants' Swedish parent company to be dismissed for lack of personal jurisdiction and instead allowed plaintiffs to conduct limited discovery on personal jurisdiction (In Re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation, MDL Docket No. 2753, No. 16-md-2753, D. N.J.).



Judge Won't Dismiss Case Against Sales Rep Who Recommended Wrong Graft
ST. LOUIS - A Missouri federal judge on Nov. 6 declined to dismiss a case in which a plaintiff alleges that a Medtronic Inc. sales representative was responsible for the death of her mother by recommending the wrong size aortic heart graft (Eva Westmoreland v. Medtronic, Inc., et al., No. 17-1626, E.D. Mo., Eastern Div., 2017 U.S. Dist. LEXIS 18330).



$25M Set Aside For Common Benefit Fees In Fresenius MDL
BOSTON - The Massachusetts federal judge overseeing the Fresenius GranuFlo/NaturaLyte dialysate multidistrict litigation on Nov. 2 ordered that $27 million of the $250 million global settlement be set aside for plaintiffs' counsel common benefit fees and expenses (In Re: Fresenius GranuFlo/NaturaLyte Dialysate Products Liability Litigation, MDL Docket No. 2428, D. Mass.).



3 Defendants Oppose MDL For Onglyza Diabetes Drug Federal Lawsuits
WASHINGTON, D.C. - The three defendants in a proposed Onglyza/Kombiglyze multidistrict litigation on Nov. 2 told a federal judicial panel that it should deny centralization because there are fewer than 40 cases after two years of litigation and one plaintiff law firm represents most plaintiffs (In Re: Onglyza and Kombiglyze XR Products Liability Litigation, MDL Docket No. 2809, JPMDL).



Pharmacy Owner Pleads Guilty To Fraud In Compounded Drug Scheme
TAMPA, Fla. - The owner of several Florida pharmacies pleaded guilty on Nov. 6 to health care fraud and criminal gains for submitting $100 million in claims for compounded prescription drugs to health insurance programs (United States v. Nicholas A. Borgesano, Jr., No. 16-cr-353, M.D. Fla.).






5th Circuit: Neurostimulator Warranty Claim Not Preempted; Reliance Needs Proof
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Oct. 31 ruled that a plaintiff's express warranty claim about a Medtronic Inc. neurostimulator is not preempted, but it said that on remand, the district court could should consider if the plaintiff relied on the warranty (Ray Wildman v. Medtronic, Incorporated, et al., No. 17-50010, 5th Cir., 2017 U.S. App. LEXIS 21655).



11th Circuit Affirms Pelvic Mesh Group Trial, Exclusion Of 510(k) Status
ATLANTA - The 11th Circuit U.S. Court of Appeals on Oct. 19 said multidistrict litigation court judge did not err in consolidating four pelvic mesh cases for a bellwether trial and in excluding the so-called 510(k) defense raised by defendant Boston Scientific Corp. (BSC) (Amal Eghnayem, et al. v. Boston Scientific Corporation, No. 16-11818, 11th Cir., 2017 U.S. App. LEXIS 20432).



6th Circuit Affirms Dismissal Of Abilify False Claims, Kickback Qui Tam Case
CINCINNATI - In a 2-1 ruling, a panel of the Sixth Circuit U.S. Court of Appeals on Oct. 27 affirmed the dismissal of a false claims/kickback lawsuit about alleged off-label marketing of the antipsychotic drug Abilify (United States of America, ex rel. Joseph Ibanez, et al. v. Bristol-Myers Squibb Company, et al., No. 16-3154, 6th Cir., 2017 U.S. App. LEXIS 21328).



Abilify MDL Judge Orders Defendants To Name Settlement Counsel
PENSACOLA, Fla. - The Florida federal judge overseeing the Abilify multidistrict litigation on Oct. 25 ordered the defendants to engage settlement counsel for monthly settlement conferences (In Re: Abilify [Aripiprazole] Products Liability Litigation, MDL Docket No. 2734, No. 16-md-2734, N.D. Fla., Pensacola Div.).



2nd Circuit Affirms Exclusion Of Mirena MDL Experts, Termination Of Litigation
NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 24 affirmed the exclusion of general causation experts in the Mirena multidistrict litigation and a court order terminating the MDL before any trials were held (In Re: Mirena IUD Products Liability Litigation, Mirena MDL Plaintiffs v. Bayer HealthCare Pharmaceuticals, Inc., Nos. 16-2890 and 16-3012, 2nd Cir., 2017 U.S. App. LEXIS 20875).



2 New Agreements Settle Remaining Wright Hip Cases; Judge Closes MDL
ATLANTA - Wright Medical Technology Inc. and plaintiffs in a multidistrict litigation have entered two additional agreements settling the remainder of the litigation, a Georgia federal judge said Oct. 18 (In Re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability, MDL Docket No. 2329, No. 12-md-2329, N.D. Ga., Atlanta Div.).



NECC Pharmacist Convicted Of Racketeering, Mail Fraud, But Acquitted Of 25 Murders
BOSTON - The former supervising pharmacist of a compounding pharmacy at the center of a deadly fungal meningitis outbreak was acquitted Oct. 25 of 25 federal counts of second-degree murder but was convicted of multiple counts of racketeering, conspiracy, mail fraud and making adulterated and misbranded drugs (United States of America v. Glenn A. Chin, No. 14-cr-10363, D. Mass.).



1 Testim Bellwether Trial Out, 1 Remains In Testosterone MDL; Preemption Denied
CHICAGO - An Illinois multidistrict litigation judge on Oct. 23 granted summary judgment in one of two testosterone replacement therapy bellwether cases but denied preemption in the second case (In Re: Testosterone Replacement Therapy Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 176522).



AbbVie, AndroGel Plaintiff Spar Over Mixed Verdict In 1st Bellwether Trial Verdict
CHICAGO - AbbVie on Oct. 25 urged the judge overseeing the testosterone replacement therapy multidistrict litigation to not disturb a bellwether trial verdict where a jury awarded $0 compensatory damages (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Jesse Mitchell v. AbbVie, No. 14-9178, N.D. Ill.).



Fosamax Femur Plaintiffs Urge Supreme Court To Deny Preemption Review
WASHINGTON, D.C. - Counsel for more than 500 Fosamax femur fracture plaintiffs on Oct. 25 urged the U.S. Supreme Court to deny certiorari to Merck Sharp & Dohme Corp., arguing that their claims are not preempted by "clear evidence" that the Food and Drug Administration would have rejected stronger warnings for the osteoporosis drug (Merck Sharpe & Dohme Corp. v. Doris Albrecht, et al., No. 17-290, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 4064).



1st Cook Medical IVC Filter MDL Bellwether Trial Gets Under Way In Indiana
INDIANAPOLIS - The first bellwether trial in the Cook Medical Inc. inferior vena cava (IVC) filter multidistrict litigation got under way on Oct. 23 in Indianapolis federal court (In re: Cook Medical, Inc., IVC Filters Litigation, MDL Docket No. 2570, No. 14-ml-2570, Elizabeth Jane Hill v. Cook Medical, Inc., No. 14-6016, S.D. Ind., Indianapolis Div.).



Cordis IVC Filter Plaintiffs Tell Supreme Court Trial Proposal Is No 'Mass Action'
WASHINGTON, D.C. - Plaintiffs in an inferior vena cava (IVC) filter case on Oct. 18 told the U.S. Supreme Court that their suggestion of individual bellwether trials does not convert their actions into a mass action under the Class Action Fairness Act (CAFA), 119 Stat. 4 (Cordis Corporation v. Jerry Dunson, et al., No. 17-257, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 4013).



Indictment Of 7 Insys Execs For Opioid Sales Tactics Unsealed In Massachusetts
BOSTON - A federal indictment against seven high-ranking officers of opioid maker Insys Therapeutics Inc. was unsealed Oct. 26 in a Massachusetts federal court charging the men with racketeering, mail fraud and conspiracy for a scheme to pay kickbacks to doctors for, and to fraudulently induce health insurers into approving, off-label prescriptions for the company's addictive Subsys fentanyl spray (United States of America v. Michael L. Babich, et al., No. 16-cr-10343, D. Mass.).



Doctor Pleads Guilty To Opioid Health Care Fraud, Taking Kickbacks From Insys
PROVIDENCE, R.I. - A Rhode Island doctor on Oct. 25 pleaded guilty to health care fraud and taking kickbacks for prescribing the opioid Subsys to unqualified patients (United States of America v. Jerrold N. Rosenberg, No. 17-9, D. R.I.).



'Big 3' Drug Distributors Support Opioid MDL; Municipalities Oppose
WASHINGTON, D.C. - The "Big Three" national drug distributors on Oct. 20 told a federal judicial panel that they support centralization of more than 60 opioid lawsuits filed against them by various cities and counties (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804, JPMDL).



Taxotere MDL Judge Denies Statute Of Limitations Motion By Defendant Sanofi
NEW ORLEANS - The Louisiana federal judge overseeing the Taxotere multidistrict litigation on Oct. 27 denied without prejudice a motion by defendant Sanofi-Aventis U.S. LLC to dismiss claims barred by applicable statutes of limitations (In Re: Taxotere [Docetaxel] Products Liability Litigation, MDL Docket No. 2740, No. 16-md-2740, E.D. La.).



'11th-Hour' Declaration Can't Overcome Learned Intermediary In Plavix MDL Case
TRENTON, N.J. - The judge overseeing the Plavix multidistrict litigation on Oct. 26 granted summary judgment in a case after ruling that the plaintiff's "eleventh hour" declaration by one treating physician did not overcome California's learned intermediary defense for defendants Bristol-Myers Squibb Co. (BMS) and Sanofi-Aventis U.S. Inc. (In Re: Plavix Products Liability Litigation, MDL Docket No. 2418, No. 13-4518, D. N.J., 2017 U.S. Dist. LEXIS 177588).



Philips North America Signs Consent Decree Suspending AED Manufacturing
BOSTON - Philips North America LLC on Oct. 11 signed a consent decree to suspend its manufacturing of certain automatic external defibrillator (AEDs) pending quality improvements being made at two plants (United States of America v. Philips North America LLC, et al., No. 17-11955, D. Mass.).



FDA: Continue Caution With Absorbable Stent; Abbott Stops Sales
SILVER SPRING, Md. - The Food and Drug Administration on Oct. 31 reported that sales of the Absorb GT1 Biosorbable Vascular Scaffold stopped Sept. 14 and said health care providers should continue to carefully consider the safety and effectiveness of the stent-like device in light of study results showing an increased rate of major adverse cardiac events and clots in patients who receive the device.






AbbVie Ordered To Pay $140.1M Awarded In Retrial Of AndroGel MDL Bellwether Case
CHICAGO - An Illinois federal jury on Oct. 5 awarded an AndroGel heart attack plaintiff $140.1 million in a testosterone replacement therapy multidistrict litigation retrial (Jeffrey Konrad, et al. v. AbbVie, Inc., et al., No. 15-966, N.D. Ill.).



New York Federal Jury Awards $1M In Male Gynecomastia Trial
ALBANY, N.Y. - A New York federal jury on Sept. 27 awarded $1 million in compensatory damages to a man who said he developed gynecomastia and hyperprolactinemia as a result of being given Risperdal while he was underage (Shaquil Byrd v. Janssen Pharmaceuticals, Inc., et al., No. 14-820, N.D. N.Y.).



7th Circuit Panel Affirms Dismissal Of Depakote RICO Class Action By Insurers
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Oct. 12 affirmed dismissal of a racketeering class action against Abbott Laboratories for its off-label promotion of the seizure drug Depakote, saying there are too many layers between the drug manufacturer's actions and Depakote prescriptions paid for by two third-party payers to prove an injury (Sidney Hillman Health Center of Rochester, et al. v. Abbott Laboratories, et at., No. 17-1483, 7th Cir., 2017 U.S. App. LEXIS 19925).



Cymbalta Class Action Appeal Dismissed By 9th Circuit For Lack Of Jurisdiction
SAN FRANCISCO - Relying on a recent U.S. Supreme Court decision, the Ninth Circuit U.S. Court of Appeals on Oct. 12 dismissed a Cymbalta class action appeal for lack of jurisdiction (Melissa Strafford, et al. v. Eli Lilly and Company, No. 15-56808, 9th Cir.).



46 States, Cities, Counties Move For National Opioid MDL; Hearing Set For Nov. 30
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Oct. 17 scheduled arguments for the creation of a national prescription opiate multidistrict litigation (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804, JPMDL).



Insys To Pay $500,000 To Settle Massachusetts Subsys Marketing Investigation
BOSTON - Opioid maker Insys Therapeutics Inc. will pay $500,000 to resolve allegations by Massachusetts that it "engaged in a widespread scheme to unlawfully market its fentanyl spray and paid kickbacks to providers to persuade them to prescribe the product," the Massachusetts Attorney General's Office announced Oct. 5.



Cook Used Wrong Standard, Loses Summary Judgment In IVC Bellwether Case
INDIANAPOLIS - The Indiana federal judge overseeing the Cook Medical Inc. inferior vena cava (IVC) filter multidistrict litigation on Oct. 11 denied a defense motion for summary judgment on a plaintiff's negligence and strict liability claim because the defendant moved under the wrong standard (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Product Liability Litigation, MDL Docket No. 2570, No. 14-ml-2570, Elizabeth Jane Hill v. Cook Medical, Inc., No. 14-6016, S.D. Indiana, Indianapolis Div.).



Cherokee Nations Seeks Third-Party Reimbursement, Recovery For Actos Injuries
LAFAYETTE, La. - The Cherokee Nation on Oct. 16 told the Actos multidistrict litigation court that its class action on behalf of all Native American tribes is being brought under federal laws and should remain in the MDL court and not be transferred to an Oklahoma federal court (In Re: Actos Product Liability Litigation, MDL Docket No. 2299, No. 11-md-2299, The Cherokee National, et al. v. Takeda Pharmaceuticals USA Inc., et al., No. 15-1485, W.D. La.).



Onglyza Diabetes Drug MDL Sought For Undisclosed Heart Failure Risk
WASHINGTON, D.C. - A plaintiff on Oct. 11 moved to centralize Onglyza/Kombiglyze heart injury lawsuits in a multidistrict litigation and suggested assignment to Judge Jon S. Tigar of the U.S. District Court for the Northern District of California (In Re: Onglyza and Kombiglyze Products Liability Litigation, MDL Docket No. 2809, JPMDL).



Transvaginal Mesh Expert's Opinions Mostly Allowed By Illinois Federal Judge
CHICAGO - An expert for a couple seeking damages for injuries caused by a transvaginal mesh can offer opinions on several topics, such as using other synthetic mesh devices as safer alternatives to the one in question, "but the testimony must be limited to his area of expertise, and his opinions must not involve legal or regulatory matters," an Illinois federal judge held Oct. 6 (Christine Wiltgen, et al. v. Ethicon, Inc., et al., No. 12-cv-2400, N.D. Ill., 2017 U.S. Dist. LEXIS 165932).



EpiPen MDL Judge Allows Document Discovery But Stays Depositions
TOPEKA, Kan. - The Kansas federal judge overseeing the EpiPen multidistrict litigation on Oct. 13 agreed to partially lift a discovery stay on documents but kept in place his stay of depositions (In Re: EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-md-2785, D. Kan., 2017 U.S. Dist. LEXIS 169541).



Judge: 2 Of 3 Claims In Drug Pump Case Not Preempted, But Don't Link Causation
FRESNO, Calif. - Two out of three claims in a drug pump overdose case are not preempted, but a California federal judge on Oct. 13 nonetheless dismissed the plaintiff's case with prejudice because the plaintiff did not show that Medtronic Inc.'s manufacturing problems were what caused his device to fail (Michael Martin v. Medtronic, Inc., et al., No. 15-994, E.D. Calif., 2017 U.S. Dist. LEXIS 169996).



California High Court Won't Hear Appeal In $48.1M Motrin Case; Partial Retrial Due
LOS ANGELES - Three days after the California Supreme Court denied review, a state appeals court on Oct. 13 issued a remittitur of a $48.1 million Motrin skin injury verdict, a move that paves the way for retrial only of the plaintiff's claims for negligent and strict liability failure to warn against one of two defendants (Christopher Trejo v. Johnson & Johnson, et al., No. B23339, Calif. App., 2nd Dist., Div. 4).