Litigation

Recent Posts

4th Circuit Affirms Directed Verdict In 1st Ethicon Pelvic Mesh MDL Trial
Posted on 3 Mar 2015 by Tom Moylan

RICHMOND, Va. — (Mealey’s) The Fourth Circuit U.S. Court of Appeals on March 2 affirmed a directed defense verdict last year in the first Ethicon pelvic mesh multidistrict litigation trial ( Carolyn Lewis, et al. v. Johnson & Johnson,... Read More

California Jury Awards $2.5 Million In Wright Medical Technology Profemur R Hip Case
Posted on 12 Jun 2015 by Tom Moylan

LOS ANGELES — (Mealey’s) A California state court jury on June 12 found that the femoral stem of a Wright Medical Technology Inc. Profemur R hip prosthesis was defectively manufactured and ordered the manufacturer to pay $2.5 million to a... Read More

Jury Hears Opening Statements In Suit Over Infant’s Brain Injury
Posted on 6 Mar 2015 by Maureen McGuire

WEST PALM BEACH, Fla. — (Mealey’s) Trial got under way March 4 with opening statements in the Florida 15th District Circuit Court for Palm Beach County in a suit alleging that injuries suffered by a now-17-year-old boy resulted from the unnecessary... Read More

Poor ‘Fit And Fill’ Caused Hip Stem To Break, Defense Tells California Jury (Watch The Opening Argument Video)
Posted on 1 Jun 2015 by Tom Moylan

LOS ANGELES — (Mealey’s) The stem of a Wright Medical Technology Inc. Profemur R hip prostheses broke because of bad “fit and fill” inside the femur and because of the patient’s poor bone quality, a defense attorney told... Read More

10th Circuit Majority Says Infuse Off-Label Claims Are Preempted By Congress
Posted on 21 Apr 2015 by Tom Moylan

DENVER — (Mealey’s) In a 2-1 decision, a panel of the 10th Circuit U.S. Court of Appeals on April 21 affirmed that a plaintiff’s claim alleging off-label promotion and use of Medtronic Inc.’s Infuse bone graft system is preempted... Read More

California Jury Awards $5.7 Million In Ethicon Pelvic Mesh Trial
Posted on 7 Mar 2015 by Tom Moylan

BAKERSFIELD, Calif. — (Mealey’s) A California state court jury on March 5 awarded $5.7 million to a plaintiff in an Ethicon pelvic mesh injury trial ( Colleen Perry, et al. v. Ethicon Inc., et al. , No. S-1500-CV-279123, Calif. Super., Kern... Read More

Jurors Return Defense Verdict In Massachusetts’ 2nd Pelvic Mesh Bellwether Trial (Watch The Video Of Closing Arguments)
Posted on 29 Aug 2014 by Joan Grossman

LOWELL, Mass. — (Mealey’s) A Massachusetts state court jury on Aug. 29 returned a defense verdict for Boston Scientific Corp. after 2-1/2 days of deliberations in the state’s second bellwether pelvic mesh trial ( Maria Cardenas v. Boston... Read More

Boston Scientific Pays $600 Million To Settle Guidant Contract Suit By Johnson & Johnson
Posted on 18 Feb 2015 by Tom Moylan

MARLBOROUGH, Mass. — (Mealey’s) Boston Scientific Corp. on Feb. 17 announced that it has agreed to pay Johnson & Johnson (J&J) $600 million to settle a nine-year-old lawsuit alleging that Guidant Corp., which is now a Boston Scientific... Read More

Stryker Subsidiary, Ex-CEO Plead Guilty, Pay $79 Million For Illegal Device Marketing
Posted on 9 Dec 2014 by Tom Moylan

NEWARK, N.J. — (Mealey’s) Stryker Corp. subsidiary OtisMed Corp. and the former OtisMed chief executive officer on Dec. 8 pleaded guilty to marketing the unapproved OtisKnee Orthopedic Cutting Guide medical device after the Food and Drug Administration... Read More

Ballard Spahr LLP: Pharmaceutical Companies Get Off-Label Marketing Victory
Posted on 18 Aug 2015 by Ballard Spahr LLP

. . . A federal judge ruled that the Food and Drug Administration (FDA) cannot prohibit a pharmaceutical company from marketing its drugs for off-label uses if its claims are truthful and not misleading. This ruling, while not precedential, alters the... Read More