- Volume 23, Issue #8
- $35M Punitive Damage Award Raises Verdict To $68M In Bard Pelvic Mesh Bellwether
HACKENSACK, N.J. - A day after awarding a couple $33 million in compensatory damages in New Jersey's first C.R. Bard Inc. pelvic mesh trial, the same jury on April 13 awarded $35 million in punitive damages (Mary McGinnis, et al. v. C.R. Bard Inc., et al., No. BER-L-17543-14, N.J. Super., Bergen Co.).
- Propecia Claimant Settlement Fund Listed As $4.29M; $5,000 Is Top Minimum Award
BROOKLYN, N.Y. - Despite an earlier statement that the terms of a master settlement agreement for 562 Propecia injuries cases will be sealed, the plaintiffs on April 10 filed a proposed plan of allocation that disclosed that the total claimant fund is $4,292,000 provided that 100 percent of the plaintiffs participate (In Re: Propecia [Finasteride] Products Liability Litigation, MDL Docket No. 2331, No. 12-md-2331, E.D. N.Y.).
- Allergan Pays $3.5M For False Claims, Off-Label Marketing Of Lap-Band Device
BALTIMORE - Allergan Inc. has agreed to pay $3.5 million to resolve a whistleblower lawsuit alleging that the company caused doctors to submit false claims to federal health care programs and that it marketed its Lap-Band weight loss device for unapproved uses, the U.S. attorney for the District of Maryland announced April 18 (United States ex rel. Monte Schwartz, M.D., et al. v. Allergan, Inc., No. 10-2796, D. Md.).
- Solicitor General Asked To Weigh In On False Claims Petition By U.S. Supreme Court
WASHINGTON, D.C. -- The U.S. Supreme Court on April 16 asked the U.S. solicitor general for his views on whether false claims lawsuits can be brought when the federal government continued to pay for drugs at issue (Gilead Sciences, Inc. v. United States, ex rel. Jeffrey Campie, et al., No. 17-936, U.S. Sup.).
- U.S. Supreme Court Won't Review DePuy Metal Hip False Claims Revival
WASHINGTON, D.C. - The U.S. Supreme Court on April 16 denied certiorari in a whistleblower case brought by two British surgeons against DePuy Orthopaedics Inc. for alleged false claims made for ASR and Pinnacle metal-on-metal hips (Medical Device Business Services, Inc., et al. v. United States, ex rel. Antoni Nargol, et al., U.S. Sup., No. 17-1108, U.S. Sup.).
- Parties Want Punitives In Surgical Gown Class Simply Reduced, Followed By Appeals
LOS ANGELES - All parties in a surgical gown class action on April 9 and 10 told a California federal judge that that they would prefer for the court to simply reduce the $450 million punitive damage award so they can skip a punitives-only retrial and proceed directly to appeals (Bahamas Surgery Center, LLC v. Kimberly-Clark Corporation, et al., No. 14-8390, C.D. Calif.).
- 11th Circuit: Alabama's Learned Intermediary Bars Amiodarone Warning Claim
ATLANTA - The 11th Circuit U.S. Court of Appeals on April 9 affirmed dismissal of an amiodarone off-label injury case, saying the claim is barred by Alabama's learned intermediary doctrine (Barbara R. Tutwiler v. Sandoz, Inc., No. 17-13985, 11th Cir., 2018 U.S. App. LEXIS 9092).
- 3rd Circuit Affirms Zostavax Injury Claim Is Time-Barred
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 4 affirmed summary judgment in an adult Zostavax case, agreeing that the plaintiff missed the applicable statutes of limitation in suing manufacturer Merck & Co. Inc. (Chris Juday, et al. v. Merck & Co. Inc., et al., No. 17-2081, 3rd Cir., 2018 U.S. App. LEXIS 8516).
- California Appeals Court: Language Barrier Saves Avandia Injury Claims
LOS ANGELES - A California appeals court on April 16 reversed summary judgment against four Avandia plaintiffs, agreeing with the plaintiffs that the ability to speak only Armenian left them without constructive notice to file their drug injury claims against GlaxoSmithKline LLC (GSK) before the applicable two-year statute of limitations (Sofik Tsaturyan, et al. v. GlaxoSmithKline, LLC, No. B275168, Calif. App., 2nd Dist., Div. 7).
- Actos MDL Closed After 6 Years, $2.37B Settlement
LAFAYETTE, La. - The Louisiana federal judge overseeing the Actos multidistrict litigation on April 11 closed the six-year-old case, stating that all pending matters have been resolved, remaining cases remanded or transferred to other venues and all administrative matters addressed (In Re: Actos [Pioglitazone] Products Liability Litigation, MDL Docket No. 2299, No. 11-md-2299, W.D. La.).
- 1st Bair Hugger Bellwether Trial Will Proceed May 14 After Pretrial Rulings
MINNEAPOLIS - The first bellwether trial in the Bair Hugger multidistrict litigation will proceed after the Minneapolis federal judge overseeing the MDL on April 13 denied exclusion of three plaintiff experts and only partly granted defense motions for summary judgment (Louis Gareis, et al. v. 3M Company, et al., No. 16-4187, D. Minn., 2018 U.S. Dist. LEXIS 62568).
- Federal Judge Denies Dismissal Of Most Plaintiff Claims In Theranos Class Action
PHOENIX - An Arizona federal judge on April 10 dismissed with prejudice seven claims in a consolidated class action lawsuit against Theranos Inc. but denied dismissal of 13 claims against various defendants, including ones for RICO, unjust enrichment, fraud, battery and medical battery, aiding and abetting and breach of contract (In Re: Arizona Theranos, Inc. Litigation, No. 16-2138, et al., D. Ariz.).
- Opioid MDL Judge Names Negotiating Team For Retail Chain Pharmacies
CLEVELAND - The Ohio federal judge overseeing the opioid multidistrict litigation on April 9 appointed a negotiating team for retail chain pharmacies (In Re: National Prescription Opiate Litigation, MDL Docket No. 2904, No. 17-md-2804, N.D. Ohio).
- 2nd Pennsylvania Xarelto Trial Under Way In Philadelphia
PHILADELPHIA - Pennsylvania's second complex litigation Xarelto trial got under way April 6 in the Philadelphia County Common Pleas Court (Daniel I. Russell, et al. v. Janssen Pharmaceuticals, Inc., et al., No. 150500362, Pa. Comm. Pls., Philadelphia Co.).
- MDL Sought For Hernia Mesh Patches Made By C.R. Bard, Davol
WASHINGTON, D.C. - Plaintiffs on April 10 asked a federal judicial panel to centralize 55 hernia mesh cases against C.R. Bard Inc., Davol Inc. and Becton Dickinson in a multidistrict litigation in the U.S. District Court for the Southern District of Ohio or the Western District of Mississippi (In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, MDL Docket No. 2846, JPMDL).
- Centralization Of Ethicon Hernia Mesh Cases Weighed In New Jersey State Court
TRENTON, N.J. - New Jersey's courts administrator on April 11 said an application has been received for a multicounty litigation (MCL) designation for state court cases involving multilayered hernia mesh products made by the Ethicon Inc. division of Johnson & Johnson.
- Essure Risk Checklist Must Be Used By Doctors, FDA Says
SILVER SPRING, Md. - The Essure birth control device will be restricted to health care providers who use a Food and Drug Administration-approved checklist about the device's risks, the FDA announced April 9.
- Mass Tort Cases For Drugs, Medical Devices