Mealey's PI/Product Liability - Franck's Lab Insurer To Pay $2.6M To Help Settle Compounded Drug Claims

NEW ORLEANS - The insurer for Franck's Lab Inc. will pay $2.63 million to help the compounding pharmacy settle allegations that plaintiffs were injured by its contaminated products, according to a motion filed May 30 with the multidistrict litigation court (In Re: Franck's Lab, Inc. Products...

Mealey's PI/Product Liability - Learned Intermediary Doomed Antibiotic SJS/TEN Lawsuit, 11th Circuit Panel Says

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on May 29 affirmed summary judgment in a Rocephin antibiotic Steven-Johnson Syndrome/Toxic Epidermal Necrolysis (SJS/TEN) case, agreeing that the prescribing physician's knowledge of the drug's risk triggered the learned intermediary doctrine...

Mealey's PI/Product Liability - Heparin Plaintiffs' Expert Failed To Prove Causation, 6th Circuit Panel Says

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on May 30 affirmed summary judgment in a contaminated heparin case because the plaintiff's expert could not explain why the injury did not occur within the typical 60 minutes of receiving the anticoagulant drug (Fernando Rodrigues v. Baxter Healthcare...

Mealey's PI/Product Liability - 11th Circuit Upholds Summary Judgment For Suzuki Motor Corp.

ATLANTA - The 11th Circuit U.S. Court of Appeals on May 30 affirmed summary judgment for the defendants in a defective motorcycle action, agreeing that the plaintiff could not establish causation for his accident (Mark A. Dowdy v. Suzuki Motor Corp., et al., No. 13-14238, 11th Cir.; 2014 U.S. App. LEXIS...

Mealey's PI/Product Liability - 7th Circuit Vacates Approval Of Settlement In Pella ProLine Windows Litigation

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on June 2 vacated a federal judge in Illinois' ruling entering final approval of a settlement for purchasers of Pella Corp.'s ProLine windows, ruling that that "almost every danger sign in a class action settlement that our court and...

Mealey's PI/Product Liability - GM Starts Ignition Switch Injury Compensation Program Run By Kenneth Feinberg

DETROIT - General Motors Co. (GM) on June 5 announced a program to compensate people who lost family members or who suffered serious physical injuries as the result of ignition switch failures in GM vehicles.

Mealey's PI/Product Liability - Expert Testimony Wrongly Excluded, 8th Circuit Finds

ST. LOUIS - A federal court abused its discretion in excluding a plaintiff's experts' testimony in a products liability case against Mead Johnson & Co. LLC (Mead), the Eighth Circuit U.S. Court of Appeals found June 6, reversing and remanding the case that resulted in an $18,442 judgment...

Mealey's PI/Product Liability - GM Ignition Switch MDL For Economic Losses Created, Sent To Judge Furman

WASHINGTON, D.C. - About 89 federal lawsuits seeking economic damages for defective General Motors Co. (GM) ignition switches were centralized June 9 by a federal judicial panel into a multidistrict litigation assigned to U.S. Judge Jesse M. Furman of the Southern District of New York (In Re: General...

Mealey's PI/Product Liability - Pa. Appeals Court Vacates Air Crash Forum Dismissal To Fully Discuss Factors

PHILADELPHIA - A Pennsylvania appeals panel on June 9 said a trial judge erred in dismissing an aviation death lawsuit on the basis of forum non conveniens and remanded the case for further consideration (George Bochetto, et al. v. Piper Aircraft Co., et al., No. 136 EDA 2013, Pa. Super.).

Mealey's PI/Product Liability - Actos MDL Judge Denies Sanctions Against Eli Lilly For Witness's Actions

LAFAYETTE, La. - Although she found that the trial testimony for a former Eli Lilly and Co. executive was suspect, the Louisiana federal judge overseeing the Actos bladder cancer multidistrict litigation on June 11 denied plaintiffs' motion to sanction Lilly for "contumacious conduct" and...

Mealey's PI/Product Liability - Fosamax Femur MDL Judge Grants Summary Judgment In 1st 'Post-Label' Bellwether

TRENTON, N.J. - The New Jersey federal judge overseeing the Fosamax femur multidistrict litigation on June 17 granted summary judgment in the first post-label-change bellwether case, agreeing with defendant Merck Sharp & Dohme Corp. that the drug's label adequately warned about leg fractures...

Mealey's PI/Product Liability - U.S. Supreme Court Won't Hear Drug Pump Adverse Event Preemption Case

WASHINGTON, D.C. - The U.S. Supreme Court on June 23 let stand a federal appeals court ruling that there is no preemption of a claim that medical device manufacturer Medtronic Inc. violated its duty under federal law to report adverse events to the Food and Drug Administration (Medtronic, Inc. v. Richard...

Mealey's PI/Product Liability - U.S. High Court Won't Review States' Jurisdiction Over Indian Tobacco Wholesaler

WASHINGTON, D.C. - The U.S. Supreme Court on June 23 declined to review state court rulings from California and Idaho that a Native American-owned tobacco supplier doing business only with tribes on Indian reservations is still subject to state tobacco regulations under the Tobacco Master Settlement...

Mealey's PI/Product Liability - Actos MDL Judge Sanctions Takeda For Bad Faith Spoliation Of Evidence

LAFAYETTE, La. - The federal judge overseeing the Actos multidistrict litigation on June 20 issued a final opinion finding that drug manufacturer Takeda Pharmaceuticals International Inc. and related entities acted in bad faith in failing to preserve or in destroying evidence and ordered the company...

Mealey's PI/Product Liability - $26M, Mostly Punitives, Awarded By Jury In Florida Engle Tobacco Lung Cancer Trial

WEST PALM BEACH, Fla. - A Florida jury on June 20 and 23 returned combined verdicts of $26 million against R.J. Reynolds Tobacco Co. in an Engle progeny lung cancer death case (Gwendolyn E. Odom, et al. v. R.J. Reynolds, et al., No. 2008-CA-38863, Fla. Cir., West Palm Beach Co.).

Mealey's PI/Product Liability - NFL Takes Payment Cap Off $765M Brain Injury Settlement With Retired Players

PHILADELPHIA - The National Football League has agreed to take the cap off of payments in its $765 million brain-injury settlement with retired players, according to a revised settlement filed June 25 in the multidistrict litigation in Pennsylvania federal court (In Re: National Football League Players'...

Mealey's PI/Product Liability - Judge Denies Pipe Installer's Summary Judgment Motion In Construction Defect Case

EUGENE, Ore. - A federal judge in Oregon denied a pipe installer's motion for summary judgment in a class action lawsuit after finding that the third-party defendant could be held liable for improperly installing the allegedly defective pipe fittings at issue in the lawsuit (Play to Win LLC v. Ferguson...

Mealey's PI/Product Liability - 6th Circuit Panel Affirms Most Darvon/Darvocet/Propoxyphene Claims Are Preempted

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on June 27 affirmed dismissal of 67 of 68 Darvon/Darvocet/ propoxyphene multidistrict litigation cases, finding that the plaintiffs either failed to properly plead their claims or that the claims are preempted by federal law (In re: Darvocet, Darvon...

Mealey's PI/Product Liability - Takeda Seeks New Trial, JNOV In Actos Cancer Case, Wants Punitive Award Cut

LAFAYETTE, La. - Saying a $9 billion Actos bladder cancer punitive damage verdict is unconstitutional and excessive, Takeda Pharmaceutical Co. Ltd. on June 27 ask a multidistrict litigation court for a new trial, for judgment notwithstanding verdict (JNOV) or a remittitur of the amount to equal compensatory...

Mealey's PI/Product Liability - U.S. Supreme Court Seeks Solicitor General's View On Failure-To-Update Theory

WASHINGTON, D.C. - The U.S. Supreme Court on June 30 asked the solicitor general for his views on whether a plaintiff can maintain a claim against a generic drug manufacturer for failure to update a generic Fosamax drug label (Teva Pharmaceuticals v. Superior Court of California, No. 13-956, U.S. Sup...

Mealey's PI/Product Liability - Feinberg Outlines Details For Program To Compensate GM Ignition Switch Claimants

WASHINGTON, D.C. - Compensation expert Kenneth Feinberg on June 30 outlined the details of a program for compensating claimants alleging death or injury in accidents related to defective General Motors (GM) ignition switches.

Mealey's PI/Product Liability - 7th Circuit Vacates Ruling Denying Certification Of Roofing Shingle Class

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 2 overturned a federal judge in Illinois' ruling denying certification for a class of consumers from eight states who claim that organic asphalt roofing shingles made by Iko Manufacturing Inc. did not meet industry standards, after finding...

Mealey's PI/Product Liability - Federal Judge Gives Preliminary Approval To NFL Brain-Injury Settlement

PHILADELPHIA - A federal judge in Pennsylvania July 7 preliminarily approved a settlement between the National Football League and retired players claiming football-related brain injuries (In Re: National Football League Players' Concussion Injury Litigation, MDL Docket No. 2323, No. 2:12-md-2323...

Mealey's PI/Product Liability - Calif. Supreme Court: Architects Owe Duty Of Care To Future Homeowners

SACRAMENTO, Calif. - The California Supreme Court on July 3 affirmed an appeals court's reversal of a ruling granting demurrer in favor of two architectural firms accused of contributing to construction defects in a condominium development in San Francisco, after finding that the defendants owed...

Mealey's PI/Product Liability - Massachusetts Enjoined From Making Doctors Certify Need For Zohydro Opioid Drug

BOSTON - A Massachusetts federal judge on July 8 preliminarily enjoined Massachusetts from requiring doctors to write a letter of medical necessity (LMN) for the new opioid drug Zohydro until the state can define how alternative pain treatments must first fail before Zohydro is dispensed (Zogenix, Inc...