- Volume 23, Issue #2
- Pennsylvania Judge Grants JNOV In 1st Xarelto Case, Voids $27.8M Award
PHILADELPHIA - A Pennsylvania judge on Jan. 10 granted judgment notwithstanding the verdict in the state's first Xarelto trial, vacating a $27.8 million plaintiff verdict (Hartman v. Janssen Pharmaceuticals, Inc., et al., No. 160503416, Pa. Comm. Pls., Philadelphia Co.).
- California Appeals Court Vacates $5.6M Risperdal Wrongful Death Verdict
LOS ANGELES - A California appeals panel on Jan. 3 vacated a $5.6 million Risperdal wrongful death verdict, finding that negligence turned more on medical malpractice than it did drug maker liability (Marion Liu, et al. v. Janssen Research & Development, LLC, Nos. B269318 and B270332, Calif. App., 2nd Dist., Div. 5, 2018 Cal. App. Unpub. LEXIS 47).
- Pennsylvania Appeals Court Reverses Punitives Ban In Risperdal Gynecomastia Case
PHILADELPHIA - A Pennsylvania appeals court on Jan. 8 reversed a trial court ruling barring punitive damages in a Risperdal gynecomastia case, saying the court needs to evaluate whether punitives are allowed by Wisconsin law (Timothy Stange v. Janssen Pharmaceuticals, Inc., et al., Nos. 739 EDA 2016 and 1549 EDA 2016, Pa. Super., 2018 Pa. Super. LEXIS 11).
- 1st Circuit Reverses Dismissal Of 3 Pharmacists From NECC Misbranded Drug Case
BOSTON - The First Circuit U.S. Court of Appeals on Jan. 12 reversed the dismissal of criminal charges against three pharmacists who shipped misbranded drugs from the former New England Compounding Center (NECC), saying that whether the pharmacists knew that the drugs were going out under phony patient names is a question of fact for a jury (United States of America v. Alla V. Stepanets, et al., Nos. 16-2502, 16-2403, 16-2404, 1st Cir., 2018 U.S. App. LEXIS 871).
- Avandia MDL Judge Defers Injunction Against Illinois State Court Over Fees
PHILADELPHIA - The Pennsylvania federal judge overseeing the Avandia multidistrict litigation on Jan. 2 deferred an injunction against an Illinois state court in a common fund fee dispute and directed the parties to first provide a copy of her opinion to the state court (In Re: Avandia, MDL Docket No. 1871, E.D. Pa., 2018 U.S. Dist. LEXIS 481).
- Plaintiffs' Firm, Trustee Settle Indemnification Dispute After Appeal Hearing
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 11 agreed to hold in abeyance a ruling on a plaintiff attorney's reimbursement of an Avandia settlement trustee after the parties told the court Jan. 9 that they reached a tentative settlement (In Re: Avandia Marketing, et al., No. 16-2887, 3rd Cir.).
- U.S. Supreme Court Asked To Negate False Claims If United States Continues To Pay Bills
WASHINGTON, D.C. - Drug maker Gilead Sciences Inc. on Dec. 26 asked the U.S. Supreme Court to rule that no false claims lawsuits can be brought when the government continues to pay for drugs at issue (Gilead Sciences, Inc. v. United States, ex rel. Jeffrey Campie, et al., No. 17-936, U.S. Sup.).
- False Claims Complaint For Hospira Infusion Pump Unsealed By Chicago Judge
CHICAGO - The United States and Illinois on Jan. 10 declined to intervene in a complaint by a whistleblower that Pfizer Inc. and Hospira Inc. ignored quality problems with an infusion pump (United States of America, et al., ex rel. Michael Thornton v. Pfizer, Inc., et al., No. 16-7142, N.D. Ill.).
- Federal Judge: New Hampshire's Opioid Lawsuit Isn't A Class Action; Case Remanded
CONCORD, N.H. - A New Hampshire federal judge on Jan. 9 granted a motion by New Hampshire to remand its opioid lawsuit against Purdue Pharma LP to state court, agreeing that the state's lawsuit as a parens patriae action does not convert it into a federally removable class action under the Class Action Fairness Act (CAFA), 119 Stat. 4 (State of New Hampshire v. Purdue Pharma, et al., No. 17-427, D. N.H, 2018 U.S. Dist. LEXIS 3492).
- Judge Halts Tribal Court From Hearing Cherokee Tribe's Opioid Claims
TULSA, Okla. - An Oklahoma federal judge on Jan. 9 stopped the Cherokee Nation from pursuing negligence claims in tribal court against drug distributors and retail pharmacy operators for contributing to the opioid crisis in Indian country, finding that the tribe is unlikely to show that it has jurisdiction over the claims in the tribal court (McKesson Corporation, et al. v. Todd Hembree, No. 17-cv-323, N.D. Okla., 2018 U.S. Dist. LEXIS 3700).
- Endo Pharmaceuticals Parent Says It Got Grand Jury Subpoena For Oxymorphone
DUBLIN, Ireland - Endo International plc on Jan. 11 announced that subsidiary Endo Pharmaceuticals Inc. has received a grand jury subpoena from the U.S. attorney for the Southern District of Florida for documents and information about the company's oxymorphone products.
- FDA: Don't Use Codeine, Hydrocodone In Patients Under 18
SILVER SPRING, Md. - The Food and Drug Administration on Jan. 11 required new warnings on prescription cough and cold medicines containing codeine and hydrocodone that the drugs are not to be used in people under 18 because the risks outweigh the benefits.
- Claims That Breast Implant Maker Concealed Leaks Can Proceed, Illinois Judge Says
CHICAGO - An Illinois federal judge on Jan. 11 said a plaintiff can proceed with her claim that Mentor Worldwide LLC concealed the risk of leaks from its MemoryGel breast implants and dismissed without prejudice her other claims as preempted (Catherine Gravitt, et al. v. Mentor Worldwide, LLC, No. 17-5428, N.D. Ill., Eastern Div., 2018 U.S. Dist. 4822).
- Cook IVC MDL Case Remanded To Avoid Severing Doctor, Allow 'Empty Chair' Defense
INDIANAPOLIS - An Indiana federal judge overseeing the Cook inferior vena cava (IVC) filter multidistrict litigation on Jan. 11 remanded a case to state court, finding that the implanting doctor is an indispensable party to the case and that severing him would allow product liability defendant Cook Medical Inc. to use the "empty chair" defense in a solely federal proceeding (In Re: Cook Medical, Inc., IVC Filters, No. 14-ml-2570, Berman-Cheung, et al. v. Cook Medical, Inc., No. 17-6076, S.D. Ind., Indianapolis Div.).
- 4th AndroGel MDL Bellwether Trial Is Under Way In Illinois Federal Court
CHICAGO - The fourth AndroGel multidistrict litigation bellwether trial got under way on Jan. 8 in the U.S. District Court for the Northern District of Illinois (Robert Nolte v. AbbVie, Inc., et al., No. 14-8135, N.D. Ill.).
- Mass Tort Cases For Drugs, Medical Devices
- FDA Warns Of Adverse Events, Deaths From High-Tech Nasogastric Feeding Tubes
SILVER SPRING, Md. - The Food and Drug Administration on Jan. 11 warned that improper placement of technology enabled nasogastric feeding has led to pneumothorax adverse events that include cardiac arrest and at least 16 patient deaths.