Litigation

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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

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

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

MDL Jury Awards $3.27 Million In 2nd Ethicon Pelvic Mesh Trial
Posted on 8 Sep 2014 by Tom Moylan

CHARLESTON, W.Va. — (Mealey’s) A West Virginia federal jury on Sept. 5 returned a $3.27 million verdict in the second Ethicon Inc. multidistrict litigation pelvic mesh bellwether trial (Jo Huskey, et al. v. Ethicon, Inc., et al., No. 2:12... Read More

Plaintiff Awarded $1.5 Million In Second Bellwether Trial In Kugel Hernia Patch MDL
Posted on 23 Aug 2010 by Tom Moylan

PROVIDENCE, R.I. - (Mealey's) The second Kugel surgical patch bellwether trial went to the plaintiff Aug. 23 when a Rhode Island federal court jury awarded $1.5 million to a man who claims that the device caused him internal injuries ( In Re: Kugel... 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

4th Circuit Affirms $2 Million Award In 1st Pelvic Mesh Trial, Says 510(k) Not Probative
Posted on 15 Jan 2016 by Tom Moylan

RICHMOND, Va. — (Mealey’s) In an expedited appeal, the Fourth Circuit U.S. Court of Appeals on Jan.14 affirmed a $2 million verdict in the first pelvic mesh multidistrict litigation case to go to trial and affirmed the trial court’s... 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

Norton Rose Fulbright: FDA’s Expanded Oversight Of ‘High-risk’ Diagnostic Devices
Posted on 7 Aug 2014 by Norton Rose Fulbright

By Cori Annapolen Goldberg and Lidia Niecko-Najjum In efforts to ensure that in vitro diagnostic devices 1 provide accurate, consistent and reliable results, the US Food and Drug Administration ("FDA" or "the Agency") 1) issued... 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