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

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Endo Takes $775M To Settle 22,000 Pelvic Mesh Cases, 'Virtually All Known' Claims
DUBLIN, Ireland - Endo International plc on Aug. 7 announced that it has reached agreements to resolve "virtually all known" pelvic mesh product liability claims in the United States and intends to increase its second quarter product liability accrual by $775 million to cover the settlements.



Judge Denies Bankruptcy Trustee's Bid For Debtor's Pelvic Mesh Settlement
TOPEKA, Kan. - A Kansas federal bankruptcy judge on July 19 denied a motion by a trustee to order a discharged debtor to turn over proceeds of her pelvic mesh injury settlement to her estate, finding that all events occurred after the debtor was discharged by the court (In Re: Kelly Sue Purcell [n/k/a Busby], No. 08-40224-13, D. Kan. Bkcy., 2017 Bankr. LEXIS 2074).



Insys Sets Aside $4.5M For Settlement Of Illinois' Opioid Off-Label Lawsuit
PHOENIX - Insys Therapeutics Inc. on Aug. 3 announced that it has taken a $4.5 million charge for a potential settlement of Illinois' consumer fraud lawsuit over the drug company's alleged off-label promotion of the fentanyl-based opioid Subsys.



Judge Trims Claims In Securities Class Action Against Drug Maker, Others
PHOENIX - A lead plaintiff in a securities class action lawsuit against a commercial-stage specialty pharmaceutical company and certain of its current and former executive officers has failed to show that a majority of the defendants' alleged misrepresentations concealing their involvement in an illegal kickback scheme with doctors were actionable and that seven of 10 alleged corrective disclosures had any causal connection to the alleged fraud, a federal judge in Arizona ruled Aug. 1 in granting in part and denying in part the defendants' motion to dismiss (Richard Di Donato, et al. v. Insys Therapeutics Inc., et al., No.16-0302, D. Ariz., 2017 U.S. Dist. LEXIS 120983).



Opioid Distributor's Authority Revoked By DEA After Circuit Court Petition Fails
WASHINGTON, D.C. - Pharmaceutical distributor Masters Pharmaceutical Inc. on Aug. 14 had its registration to distribute controlled substances revoked after the District of Columbia Circuit U.S. Court of Appeals lifted its stay of the revocation (Masters Pharmaceutical, Inc. v. Drug Enforcement Administration, No. 15-1335, D.C. Cir.).



West Virginia City's Opioid Lawsuit Against Distributors Will Stay In Federal Court
CHARLESTON, W.Va. - A West Virginia federal judge on Aug. 3 denied remand of a city's lawsuit against three opioid distributors because of diversity of citizenship and because there's no possible connection between the distributor's actions and those of a West Virginia doctor who was also named as a defendant (The City Of Huntington v. AmerisourceBergen Drug Corporation, et al., No. 17-1362, S.D. W.Va., 2017 U.S. Dist. LEXIS 124462).



Bayer, Plaintiffs Say They've Agreed To Settle Mirena IUD Perforation Claims
NEW YORK - Despite the parties' Aug. 11 disclosure that they have agreed to resolve Mirena intrauterine device (IUD) secondary perforation claims, the Second Circuit U.S. Court of Appeals that day denied a motion to adjourn Aug. 14 oral arguments about the exclusion of all plaintiffs causation experts and evidence by a New York federal multidistrict litigation judge (In Re: Mirena IUD Products Litigation, Mirena MDL Plaintiffs v. Bayer HealthCare Pharmaceuticals Incorporated, No. 16-2890 and 16-2012, 2nd Cir.).



Judge Ignores Bristol-Myers, Remands Multiplaintiff Essure Case To State Court
EAST ST. LOUIS, Ill. - An Illinois federal judge on Aug. 4 refused to consider rulings based on a recent U.S. Supreme Court jurisdiction decision and remanded an Essure birth control device case consisting of 86 plaintiffs to Illinois state court (Nichole Hamby, et al. v. Bayer Corp., et al., No. 17-17, S.D. Ill., 2017 U.S. Dist. LEXIS 123425).



Blood Tester Theranos Settles Walgreen Lawsuit For Confidential Amount
PALO ALTO, Calif. - Embattled blood testing company Theranos Inc. on Aug. 1 said it has reached a confidential settlement with Walgreen Co. and parent Walgreens Boots Alliance Inc. to resolve the pharmacy chain's claims against Theranos.



11th Circuit Affirms Dismissal Of Class Action Alleging Injury From Metal Particles
ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 7 affirmed dismissal of a class action, agreeing that the two plaintiffs did not show that metallic particles found in their brains after heart surgery were from a medical device or that the particles constituted an injury (Gabriel Fernando Nassar Cure, et al. v. Intuitive Surgical Inc., et al., No. 17-10-978, 11th Cir., 2017 U.S. App. LEXIS 14463).



Celexa/Lexapro MDL Judge Denies Pediatric RICO Class Certification
BOSTON - A Massachusetts federal judge presiding over the Celexa/Lexapro multidistrict litigation on Aug. 15 denied certification of a class of adolescent users of the antidepressant, saying individual issues will predominate (In Re: Celexa and Lexapro, No. 09-2067, Delana S. Kiossovski, et al. v. Forest Laboratories, Inc., et al., No. 14-13848, D. Mass., 2017 U.S. Dist. LEXIS 129387).



U.S. High Court To Weigh On Sept. 25 If Heartburn Drug Maker Waived Jurisdiction
WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 25 will consider 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.).



Most Out-Of-State Risperdal Gynecomastia Plaintiffs Dismissed On Jurisdiction
ST. LOUIS - Citing the U.S. Supreme Court's recent jurisdiction decision, a Missouri federal judge on Aug. 10 dismissed without prejudice all but one Risperdal gynecomastia plaintiff from a multiplaintiff complaint (Annette Covington, et al. v. Janssen Pharmaceuticals, Inc., et al., No. 17-1588, E.D. Mo., Eastern Div., 2017 U.S. Dist. LEXIS 126641).



Actos Case Dismissed After Mistake Results In Defendant Not Being Timely Served
NEW CASTLE, Del. - A Delaware state court judge on Aug. 7 denied a plaintiff's motion to expand the time to serve her Actos bladder cancer complaint on the defendants, finding that the plaintiff's attorney should have noticed sooner that her complaint was filed for a plaintiff with the same last name (Elisha Ballard v. Takeda Pharmaceuticals America, Inc., et al., No. N16C-10-177, Del. Super., New Castle Co., 2017 Del. Super. LEXIS 385).



Proton Pump Inhibitor MDL Created, Assigned To Judge Cecchi In New Jersey
WASHINGTON, D.C. - About 195 federal lawsuits alleging that proton pump inhibitor (PPI) drugs cause serious kidney injury were centralized Aug. 2 by a federal panel before U.S. Judge Claire C. Cecchi of the District of New Jersey (In Re: Proton-Pump Inhibitor Products Liability Litigation [No. II], MDL Docket No. 2789, JPMDL).



EpiPen MDL Created, Assigned To Kansas Federal Judge
WASHINGTON, D.C. - Federal lawsuits alleging monopolistic and unfair trade practices by Mylan N.V. and other defendants in the marketing of the EpiPen epinephrine autoinjector were centralized Aug. 3 before Judge Daniel D. Crabtree of the U.S. District Court for the District of Kansas (In Re: EpiPen [Epinephrine Injection, USP] Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, JPMDL).



States Sue 6 Generic Drug Makers For Conspiring To Drive Up Drug Prices
NEW HAVEN, Conn. - Four states and the District of Columbia on July 17 sued six generic drug manufacturers in Connecticut federal court, accusing them of conspiring to fix the price of a generic antibiotic and a generic diabetes drug (The State of Arkansas, et al. v. Aurobindo Pharma USA Inc., et al., No. 17-1180, D. Conn.).



Pharmacists In Fungal Meningitis Outbreak Say Prosecutors Backtracking
BOSTON - Three former pharmacists who worked for New England Compounding Center (NECC) during a 2012 fungal meningitis outbreak on Aug. 9 told the First Circuit U.S. Court of Appeals that it should not reverse dismissal of certain criminal claims against them (United States of America v. Alla V. Stepanets, Nos. 16-2402, 16-2403 and 16-2404, 1st Cir.).



Former CEO Shkreli Convicted On Securities Fraud, Conspiracy Claims
BROOKLYN, N.Y. - A federal jury in New York on Aug. 4 convicted former pharmaceutical company CEO and hedge fund manager Martin Shkreli on claims that he orchestrated a massive Ponzi scheme over a six-year span while CEO of Retrophin Inc. (United States of America v. Martin Shkreli, No. 15-637, E.D. N.Y.).



Compounding Pharmacy Isomeric Enters Consent Decree After Recalls, Violations
SALT LAKE CITY - Compounding pharmacy Isomeric Pharmacy Solutions of Utah on Oct. 3 entered into a consent decree of permanent injunction to resolve a civil complaint filed days earlier by the Food and Drug Administration for distributing adulterated, misbranded and unapproved new drugs (United States of America v. Isomeric Pharmacy Solutions, et al., No. 17-852, D. Utah).



American Pipe Tolling Does Not Apply To Claims In Securities Suit, Panel Rules
PHILADELPHIA - American Pipe & Construction Co. v. Utah tolling does not apply to claims in four related securities class action lawsuits against pharmaceutical companies and others that misrepresented the clinical trial results for a cholesterol treatment drug in violation of federal securities laws based on the U.S. Supreme Court's recent ruling in California Public Employees Retirement System v. ANZ Securities Inc., a Third Circuit U.S. Court of Appeals panel ruled Aug. 3 in reversing and remanding in a nonprecedential opinion (North Sound Capital LLC, et al. v. Merck & Co. Inc., et al., No. 16-1364, 3rd Cir.; GIC Private Limited v. Merck & Co. Inc., et al., No. 1365, 3rd Cir.; GIC Private Limited v. Merck & Co., et al., No. 16-1366, 3rd Cir.; and North Sound Capital LLC, et al. v. Merck & Co. Inc., et al., No. 16-1367, 3rd Cir.; 2017 U.S. App. LEXIS 14170).






FDA Reports 43 Eye Problems In Patients Given Drugs Compounded In Texas
SILVER SPRING, Md. - The Food and Drug Administration on July 28 warned health care providers that the agency has received adverse event reports about at least 43 patients who suffered eye injury after being injected with triamcinolone and moxifloxacin compounded by Guardian Pharmacy Services in Dallas.



FDA Reports 5 More Deaths In Patients Who Got Intragastric Balloons
SILVER SPRING, Md. - The Food and Drug Administration on Aug. 10 told health care providers of five reports of unanticipated deaths from 2016 to the present in patients who received liquid-filled intragastric balloons to treat obesity.



Benicar Settlement Will Pay High Of $10,000 Per Claimant, More For Serious Injury
TOKYO - Japanese drug maker Daiichi Sankyo Co. Ltd. on Aug. 1 agreed to pay up to $300 million to settle claims that the company's blood pressure drug Benicar cause sprue-like enteropathy and other gastrointestinal conditions, according to a settlement agreement presented in the Benicar multidistrict litigation court (In Re: Benicar [Olmesartan] Products Liability Litigation, No. 15-2606, D. N.J.).



$150M In Punitives Awarded For Misrepresentation In 1st AndroGel MDL Bellwether
CHICAGO - An Illinois federal jury on July 24 found that AbbVie Inc. is not liable to an AndroGel plaintiff for his heart attack but said that the defendant fraudulently misrepresented the testosterone replacement therapy drug and awarded the plaintiff $150 million in punitive damages in the first multidistrict litigation verdict (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Jesse Mitchell, et al. v. AbbVie, Inc., et al., No. 14-9178, N.D. Ill.).



Preemption Summary Judgment Denied In Xarelto Bellwether Trial; All Experts Stay In
NEW ORLEANS - The Louisiana federal judge overseeing the Xarelto multidistrict litigation on July 21 denied the defendant partial summary judgment in the third bellwether case on the basis of federal preemption and on the basis of design defect (In Re: Xarelto Products Liability Litigation, No. 14-md-02592 [Dora Mingo v. Janssen Pharmaceuticals, Inc., et al., No. 15-3469], E.D. La., 2017 U.S. Dist. LEXIS 114338, 2017 U.S. Dist. LEXIS 113872).



Xarelto MDL Judge Allows Mississippi's Punitives Law To Govern 3rd Bellwether Case
NEW ORLEANS - The Louisiana federal judge overseeing the Xarelto multidistrict litigation on July 24 denied a defense motion to apply more restrictive punitive damage laws to the upcoming third bellwether trial and denied summary judgment based on the learned intermediary doctrine (In Re: Xarelto, No. 14-md-2592 [Dora Mingo v. Janssen Pharmaceuticals, Inc., et al., No. 15-3469], E.D. La., 2017 U.S. Dist. LEXIS 115459, 2017 U.S. Dist. LEXIS 115461).



Design Defect Damages Hearing Ordered In Pennsylvania Pelvic Mesh Defense Verdict
PHILADELPHIA - The first defense verdict in Pennsylvania's pelvic mesh mass tort litigation was partially reversed July 19 when a judge granted the plaintiff's post-trial motion for a damage hearing on design defect (In Re: Pelvic Mesh Litigation [Kimberly L. Adkins v. Ethicon, Inc.], July Term 2013, No. 00919, No. 17062172, Pa. Comm. Pls., Philadelphia Co.).



New Jersey Appeals Panel Reinstates 2 Accutane Experts, 2,076 Dismissed Cases
TRENTON, N.J. - A New Jersey appeals court panel on July 28 reversed the exclusion of two plaintiff experts from the state's Accutane multicounty litigation, reinstating 2,076 cases that had been dismissed (In Re: Accutane Litigation, Nos. A-4698-14T1 and A-0910-16T1, N.J. Super., App. Div., 2017 N.J. Super. LEXIS 116).



New Jersey Appeals Court Reverses Summary Judgment In Accutane Warnings Cases
TRENTON, N.J. - The New Jersey Superior Court Appellate Division on July 25 reversed summary judgment in 18 of the state's multicounty Accutane litigation, saying that under New Jersey's product liability law, there remain questions on whether the post-2002 warning label for the acne drug adequately warned doctors and patients about the risk of permanent bowel injury (In Re: Accutane Litigation, Nos. A-4750-14T1 and A-0164-15T1, N.J. Super., App. Div., 017 N.J. Super. Unpub. LEXIS 1885).



Olympus Liable To Hospital For Deadly Infection Linked To Duodenoscope Design
SEATTLE - A Washington state court jury on July 24 found Olympus America Inc. liable to a hospital for the death of a patient who died of an infection linked to the company's duodenoscope, but not liable to the decedent's wife (Theresa Bigler, et al. v. Olympus America Inc., et al., No. 15-2-054472-SEA, Wash. Super., King Co.).



Pinnacle Hip Manufacturing Defect Whistle-Blower Claim Reinstated By 1st Circuit
BOSTON - Two orthopedic surgeons who claim that DePuy Orthopaedics Inc. "palmed off" Pinnacle metal-on-metal hips with manufacturing defects had that claim reinstated to their False Claims Act case on July 26 by the First Circuit U.S. Court of Appeals, but their claims that the manufacturer made false statements to the Food and Drug Administration remain dismissed (United States, ex rel. Antoni Nargol, et al. v. DePuy Orthopaedics, Inc., et al., No. 16-1442, 1st Cir., U.S. App. LEXIS 13540).



Pinnacle Hip Defendants File Mandamus Petition To Limit MDL Court Jurisdiction
NEW ORLEANS - Defense counsel in the Pinnacle hip multidistrict litigation on July 25 petitioned the Fifth Circuit U.S. Court of Appeals for a writ of mandamus preventing the MDL judge from exercising jurisdiction over eight Texas plaintiffs in a Sept. 5 bellwether trial (In Re: DePuy Orthopaedics, Inc., et al., No. 17-10812, 5th Cir.).



1st Bair Hugger Bellwether Plaintiffs Can't Make Claim For Punitive Damages
MINNEAPOLIS - A federal magistrate judge in the Bair Hugger multidistrict litigation on July 27 denied a plaintiffs' motion to add a claim for punitive damages in the initial bellwether trial pool but said other plaintiffs can try to make their case for adding the claim to their cases (In Re: Bair Hugger Forced Air Warming Device Products Liability Litigation, No. 15-2666, D. Minn.).



NECC Head Says Forfeiture, If Any, Is $249,725, Not $76.1M Government Claims
BOSTON - The former head of New England Compounding Center (NECC) on July 26 said that the U.S. District Court for the District of Massachusetts lacks jurisdiction to order forfeiture, but if it does, he should forfeit only $249,725 and not the $76.11 million that the federal prosecutors suggest (United States v. Barry J. Cadden, No. 14-cr10363, D. Mass.).



Lipitor MDL Plaintiffs Tell 4th Circuit Judge Erred In Expert Testimony Rulings
RICHMOND, Va. - Plaintiffs alleging that the statin drug Lipitor caused diabetes on July 28 told the Fourth Circuit U.S. Court of Appeals that a multidistrict litigation judge erred when he excluded causation opinions of two experts and granted summary judgment against more than 3,000 plaintiffs (In Re: Lipitor [Atorvastatin] Products Liability Litigation, Nos. 17-1140[L], 17-1136, 17-1137, 17-1189, 4th Cir.).



Partial Dismissals Granted In Union's Average Wholesale Drug Price Class Action
PHILADELPHIA - A Pennsylvania federal judge on July 24 granted in part and denied in part motions by several generic drug companies to dismiss claims by a union health fund that they inflated their average wholesale prices (AWPs), costing the union money while providing a "spread" to pharmacies to dispense the companies' drugs (Plumbers' Local Union No. 690 Health Plan v. Apotex Corp., et al., No. 16-665, E.D. Pa., 017 U.S. Dist. LEXIS 114733).



Celgene Pays $280M To Settle Whistle-Blower Lawsuit Alleging Off-Label Marketing
The U.S. Justice Department and Celgene Corp. on July 25 announced that the company will pay $280 million to settle a False Claims Act lawsuit that it promoted the cancer drugs Thalomid and Revlimid for off-label uses (United State, ex rel. Beverly Brown v. Celgene Corporation, No. 10-3165, C.D. Calif., Western Div.).



Plaintiff Seeks Interlocutory Appeal On Expert Exclusion In Bypass Machine Case
SALT LAKE CITY - A Utah federal judge on July 18 vacated a trial date in a heart/lung bypass machine wrongful death case after the plaintiff indicated her desire to get an interlocutory appeal of the judge's order severely limiting the testimony of her causation expert at an upcoming trial (Buzzie Smith, et al. v. Terumo Cardiovascular Systems Corporation, Inc., et al., No. 12-998, D. Utah, Central Div., 2017 U.S. Dist. LEXIS 108205).






Mallinckrodt Pays $35M To Settle Federal Investigations Of Controlled Substances
WASHINGTON, D.C. - Opioid drug maker Mallinckrodt LLC has agreed to pay $35 million to settle three federal investigations into the company's alleged violations of the Controlled Substances Act, the U.S. Justice Department announced July 11 in a press release.



Insys Sales Rep Pleads Guilty To Paying Kickbacks For Subsys Prescriptions
HARTFORD, Conn. - A former sales representative for Insys Therapeutics has pleaded guilty to a kickback scheme to get doctors to prescribe the opioid pain drug Subsys, the U.S. attorney for the District of Connecticut announced July 11.



Pfizer Signs Opioid Marketing Settlement With County
SAN JOSE, Calif. - Santa Clara County on July 20 announced that Pfizer Inc. has agreed to restrictions on its marketing of opioid drugs in California.



Health Insurer Anthem Sues Opioid Maker Insys For Kickbacks, Fraudulent Scripts
PHOENIX - Anthem Inc. and its 14 Blue Cross health insurance companies on July 12 sued drugmaker Insys Therapeutics Inc. for allegedly causing the insurer to pay $19 million for fraudulent prescriptions for the opioid Subsys (Blue Cross of California, Inc., et al. v. Insys Therapeutics, Inc., No. 17-2286, D. Ariz.).



Endo Withdraws Opana ER Following FDA Request Due To Abuse, Infections
DUBLIN, Ireland - Endo International PLC on July 6 said it will voluntarily remove Opana ER from the market after "careful consideration and consultation" with the Food and Drug Administration, which made the request in June.



Actos MDL Judge Approves $166M In Common Benefit Fees
LAFAYETTE, La. - The Louisiana federal judge overseeing the Actos bladder injury multidistrict litigation on July 17 approved plaintiffs' common benefit fees totaling $166.8 million and costs totaling $14.85 million (In Re: Actos, No. 11-md-2299, W.D. La., Lafayette Div., 2017 U.S. Dist. LEXIS 110956).



Failure-To-Update Claim In Acne Drug Case Was Flawed, 10th Circuit Rules
DENVER - The 10th Circuit U.S. Court of Appeals on July 13 affirmed a trial court's dismissal of a pro se plaintiff's Amnesteem (isotretinoin) injury lawsuit, saying she failed to adequately plead her claim that the drug's warning label was out of date (Carmen Naomi Watson v. Mylan Pharmaceuticals, Inc., Nos. 16-3349 and 17-3019, 10th Cir., 2017 U.S. App. LEXIS 12529).



8th Circuit Affirms Expert's Exclusion In DePuy Hip Failure Case
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on July 5 affirmed summary judgment in a DePuy hip case, agreeing that the plaintiff's sole expert witness contradicted himself about the role of physical stress in causing the failure of a hip stem (Judith A. Redd v. DePuy Orthopaedics, Inc., No. 16-3428, 8th Cir., 2017 U.S. App. LEXIS 11930).



Boston Scientific Settles 3 Pelvic Mesh Cases While Appealing Verdicts
In the space of two days July 11 and 12, two federal circuit courts dismissed three single plaintiffs after defendant Boston Scientific Corp. told the court it had reached settlements with the plaintiffs while it appeals multimillion dollar pelvic mesh verdicts (Carol Sue Campbell, et al. v. Boston Scientific Corporation, No. 16-2279, 4th Cir., and Amal Eghnayem, et al. v. Boston Scientific Corporation, No. 16-11818, 11th Cir.).



Judge Allows Most Of Plaintiff's Expert Testimony In Transvaginal Mesh MDL
CHARLESTON, W. Va. - A woman's medical expert in a transvaginal surgical mesh multidistrict litigation can offer testimony for the plaintiff because his opinions are "sufficiently relevant" and he conducted a proper differential diagnosis, a federal judge in West Virginia held July 14 in mostly denying the device maker's bid to exclude the expert's opinions (In re: Ethicon, Inc. Pelvic Repair Systems Product Liability Litigation, MDL No. 2327 [Rhonda Cooper v. Ethicon, Inc., et al., No. 2:12-cv-02532], S.D. W. Va., 2017 U.S. Dist. LEXIS 109546).



With Doctor's Opinion Barred, Judge Grants Judgment To Hernia Mesh Maker
DETROIT - The maker of a hernia mesh product was awarded summary judgment on July 5 by a Michigan federal judge on a couple's product liability claims after the judge found the opinions of the couple's medical expert inadmissible (Robert and Karol Avendt v. Covidien, Inc., No. 11-15538, E.D. Mich., 2017 U.S. Dist. LEXIS 103287).



Law Firms' Kugel Mesh Dispute Belongs In Texas, State Appeals Court Rules
DALLAS - A Texas appeals court on July 14 affirmed that a Rhode Island plaintiff's law firm consented to the jurisdiction of Texas courts when it signed on as counsel in Kugel hernia mesh cases filed by a Texas law firm (John E. Deaton, et al. v. Barry Johnson, et al., No. 15-16-01221, Texas App., 5th Dist., 2017 Tex. App. LEXIS 6540).



Eliquis MDL Judge OKs Motion Ending Plaintiff Leadership After Cases Dismissed
NEW YORK - The New York federal judge overseeing the Eliquis multidistrict litigation on July 17 granted a motion to relieve the plaintiffs' leadership of its duties after the court effectively dismissed most of the MDL cases (In Re: Eliquis [Apixaban] Products Liability Litigation, MDL Docket No. 2745, S.D. N.Y.).



Xarelto Defendants Say 1st Bellwether Plaintiff Failed To Preserve Post-Verdict Points
NEW ORLEANS - Defendants on July 13 told the Xarelto multidistrict litigation court that it should deny a new trial in the first bellwether case, saying the court's evidentiary rulings were correct or that the plaintiff failed to preserve his objection (In Re: Xarelto [Rivaroxaban] Products Liability Litigation, MDL Docket No. 2592, No. 14-md-2592, Joseph J. Boudreaux, Jr., et al. v. Janssen, et al., No. 14-2720, E.D. La.).



Partial Summary Judgment Granted In Blood Reagent Antitrust MDL
PHILADELPHIA - Blood reagent manufacturer Ortho-Clinical Diagnostics Inc. will face antitrust allegations that a 2001 price increase was fixed and that the defendant fraudulently concealed relevant facts from purchasers, a Pennsylvania federal judge ruled July 19 (In Re: Blood Reagents Antitrust Litigation, No. 09-md-2081, E.D. Pa., 2017 U.S. Dist. LEXIS 112091).



State Taxotere Class Denied By MDL Court Due To Individual Issues
NEW ORLEANS - A Louisiana federal judge on July 17 denied certification of a class of Louisiana women who permanently lost their hair after undergoing chemotherapy with Taxotere or docetaxel, agreeing with defendant Sanofi-Aventis U.S. LLC that individual issues predominate over common ones (In Re: Taxotere [Docetaxel] Products Liability Litigation, MDL Docket No. 2740, No. 16-md-2740, Sheila Matthews, et al. v. Sanofi S.D., et al., No. 16-17731, E.D. La.).



Prosecutors Seek More Than $76.11M In Forfeiture From Convicted NECC Head
BOSTON - Federal prosecutors on July 18 recommended that a federal court order former New England Compounding Center (NECC) President Barry J. Cadden to pay more than $76.11 million in restitution and forfeiture following his sentencing for racketeering, mail fraud and selling misbranded drugs in connection with a deadly 2012 fungal meningitis outbreak (United States of America v. Barry J. Cadden, No. 14-cr-10363, D. Mass.).



NECC Head Appeals Criminal Conviction To 1st Circuit
BOSTON - The former head of New England Compounding Center (NECC) on July 7 appealed his conviction on mail fraud and racketeering charges to the First Circuit U.S. Court of Appeals (United States of America v. Barry J. Cadden, et al., No. 14-10363, D. Mass.).



Testosterone MDL Judge Won't Reconsider Allowing Adverse Event Testimony By Plaintiffs
CHICAGO - The Illinois judge overseeing the testosterone multidistrict litigation on July 11 refused to reconsider his ruling allowing plaintiff expert Dr. Hossein Ardehali to rely on adverse event reports (In Re: Testosterone Replacement Therapy Products Liability Litigation, No. 14-1748, N.D. Ill., 2017 U.S. Dist. LEXIS 106446).



2nd AndroGel Bellwether Trial Under Way In MDL Court In Illinois
CHICAGO - The second AndroGel bellwether trial got under way July 5 in the testosterone replacement therapy multidistrict litigation in the U.S. District Court for the Northern District of Illinois (Jesse Mitchell, et al. v. AbbVie, Inc., No. 14-9178, N.D. Ill.).



AbbVie, Abbott Move For JMOL In 2nd AndroGel MDL Bellwether Trial
CHICAGO - AbbVie Inc. and Abbott Laboratories on July 17 moved for judgment as a matter of law in the second AndroGel bellwether trial, arguing that the plaintiff so far has not proven that the testosterone replacement drug caused his heart attack and has not shown that AndroGel' s warnings were inadequate or that the plaintiff or his doctor were misled about the drug (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Jesse Mitchell, et al. v. AbbVie, Inc., et al., No. 14-9178, N.D. Ill.).



Lipitor Defendants Tell 4th Circuit Plaintiff Experts Properly Excluded In MDL
RICHMOND, Va. - Defendants on July 13 told the Fourth Circuit U.S. Court of Appeals that a multidistrict litigation judge did not err when he excluded three plaintiff causation experts and granted summary judgment on claims that the cholesterol drug Lipitor causes type 2 diabetes (In Re: Lipitor [Atorvastatin Calcium] Marketing, Sales Practices and Products Liability Litigation, Nos. 17-1140, 17-1136, 17-1137, 17-1189, 4th Cir.).



Defendants Seek 30 More Days Before Posting Bonds For $454M MicroCool Gown Verdict
LOS ANGELES - The defendants in a $454 million surgical gown state class action on July 14 asked a California federal court to extend its stay of execution of judgment for another 30 days, anticipating that when the judge rules on their post-verdict motions, they will not have to obtain expensive supersedeas bonds (Bahamas Surgery Center, LLC, et al. v. Kimberly-Clark Corporation, et al., No. 14-8390, C.D. Calif., Western Div.).



Supreme Court Jurisdiction Ruling Axes Non-State Plaintiffs In Essure Lawsuit
ST. LOUIS - Relying in part on last month's U.S. Supreme Court's specific jurisdiction ruling in Bristol-Myers Squibb Company v. Superior Court of California, 137 S.Ct. 1773 (2017), a Missouri federal judge on July 14 dismissed the claims of 86 non-Missouri residents in an Essure birth control device case for lack of jurisdiction (Laveta Jordan, et al. v. Bayer Corp., et al., No. 17-865, E.D. Mo., Eastern Div., 2017 U.S. Dist. LEXIS 109206).



9th Circuit Reverses Dismissal Of False Claims Act Case Against Drug Maker Gilead
SAN FRANCISCO - Relying on the U.S. Supreme Court's ruling in Universal Health Services, Inc. v. United States, ex rel Escobar, __ U.S. __,, 136 S. Ct. 1989 (2016), the Ninth Circuit U.S. Court of Appeals on July 7 reversed dismissal of a False Claims Act/retaliation claim alleging that drug maker Gilead Sciences Inc. used unapproved and contaminated ingredients in its HIV drugs (United States of America, ex rel. Jeffrey Campie, et al. v. Gilead Sciences, Inc., No. 15-16380, 9th Cir., 2017 U.S. App. LEXIS 12163).



Cephalon False Claims Act Lawsuit Marked Settled By Federal Judge
PHILADELPHIA - A Pennsylvania federal judge on July 12 again issued an order stating that a False Claims Act lawsuit against the former Cephalon Inc. has been settled (United States of America, ex rel. Matthew Cestra, et al. v. Cephalon, Inc., No. 14-1842, E.D. Pa.).



Plaintiff Attorney Sanctioned $25,655 For Re-Litigation Of Issues In Enbrel Case
LINCOLN - A Nebraska federal judge on July 17 sanctioned a plaintiff attorney $25,665 for re-litigating settled discovery issues in an Enbrel death case (Jan Vallejo, et al. v. Amgen, Inc., No. 14-50, D. Neb.).



Investor: Drug Maker Concealed Dry Eye Drug Manufacturing Issues
NEWARK, N.J. - A shareholder sued a pharmaceutical company and certain of its executive officers on July 12 in New Jersey federal court, alleging that the defendants concealed manufacturing issues with the drug company's inflammatory dry eye disease medication in violation of federal securities laws (Dylan Caraker v. Ocular Therapeutix Inc., et al., No. 17-5095, D. N.J.).



Merck Says FDA Placed Hold On 3 Drug Studies After More Deaths Found
KENILWORTH, N.J. - Merck & Co. Inc. on July 5 said the Food and Drug Administration has placed a clinical hold on three studies that include Merck's cancer drug Keytruda because the agency found additional deaths among study participants.