LexisNexis® Legal Newsroom
Another Specialty Pharmacy Settles Exjade False Claims Allegations For $45 Million

NEW YORK —(Mealey’s) Specialty pharmacy Accredo Health Group Inc. on April 30 agreed to pay $45 million to settle a whistle-blower’s allegations that its efforts to push prescriptions for the iron chelation drug Exjade resulted in false claims being submitted to federal health care...

Florida Jury Hears Opening Statements In Suit Over Smoker’s Fatal Heart Disease (Watch The Videos Of The Opening Statements)

BRADENTON, Fla. — Trial got under way in Florida state court April 29 with opening statements in a suit alleging that the death of a smoker of coronary artery disease at age 45 was the result of his years of smoking ( Madonna Dupre, et al. v. R.J. Reynolds Tobacco Co., et al. , No. 2011CA005529...

U.S. Supreme Court Refuses To Hear Risk-Contribution Constitutionality Case

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 denied certiorari in a case in which a former maker of lead-based paint had argued that Wisconsin’s risk-contribution theory violates the due process clause of the U.S. Constitution “by eliminating any meaningful causation...

U.S. High Court Denies Review Of Last Pending Appeal Of Generic Label-Update Claim

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 denied review in the last pending “failure-to-update-warnings” preemption appeal by generic drug manufacturers ( Teva Pharmaceuticals USA, Inc., et al. v. Paul E. Hassett , No. 14-705, U.S. Sup. [lexis.com subscribers...

Bullivant Houser Bailey PC: Superior Court of Pennsylvania Strikes Down ‘Any Exposure’ Theory in Asbestos Litigation

By Melissa Tarab The Superior Court of Pennsylvania recently issued another decision holding that the purported "any exposure" or "each and every fiber" theory is not sufficient to establish causation in cases alleging exposure to asbestos. In Nelson v. Airco Welders Supply, et...

Florida Jury Says Smoker Not Addicted, Returns Defense Verdict (Watch Video Excerpts Of The Closing Statements)

PENSACOLA, Fla. — (Mealey’s) A Florida state court jury returned a defense verdict May 21 in a suit alleging that the death of a former smoker from chronic obstructive pulmonary disease (COPD), coronary artery disease and peripheral vascular disease was caused by his years of smoking ( Ethel...

Washington Judge Hears Arguments In Suit Alleging Security System Was Faulty (Watch Video Excerpts Of Opening, Closing Statements)

SEATTLE — (Mealey’s) A Washington state court judge heard closing arguments May 27 in a suit alleging that negligent design and installation of a home security system allowed intruders to break into a home and seriously injure one of its occupants ( Deep Rawat, et al. v. Comcast Broadband...

Delaware Jury Awards $100 Million In Boston Scientific Pelvic Mesh Injury Case

WILMINGTON, Del. — (Mealey’s) A Delaware state court jury on May 28 awarded $100 million to a woman who says she was injured by pelvic mesh devices made by Boston Scientific Corp. ( Deborah A. Barba v. John C. Carlson, D.O., et al. , No. N11C-08-050, Del. Super., New Castle Co.). According...

Poor ‘Fit And Fill’ Caused Hip Stem To Break, Defense Tells California Jury (Watch The Opening Argument Video)

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 a California state court jury May 29 during opening...

Florida Jury Hears Openings In Suit Tying COPD Death To 50 Years Of Smoking (Watch Video Excerpts Of The Opening Statements)

MIAMI — (Mealey’s) Trial got under way in state court on June 4 in a suit alleging that a Florida man’s death from chronic obstructive pulmonary disease (COPD) was caused by his addiction to cigarettes ( Joyce Hardin, et al. v. R.J. Reynolds Tobacco Co., et al. , No. 07-46973-CA-22...

California Jury Awards $2.5 Million In Wright Medical Technology Profemur R Hip Case

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 patient and his wife for pain, suffering and loss...

JPMDL Centralizes Lumber Liquidators Flooring Suits In Virginia

WASHINGTON, D.C. — (Mealey's) The Judicial Panel on Multidistrict Litigation (JPMDL) on June 12 transferred and centralized 10 lawsuits alleging that Chinese-made hardwood flooring products sold by Lumber Liquidators Inc. emits excessive levels of formaldehyde in the U.S. District Court for...

Florida Jury Awards $776,000 To Widow Of Smoker Who Died Of COPD (Watch The Closing Argument Videos)

MIAMI — (Mealey’s) A Florida state court jury awarded $776,000 June 18 to the widow of a man who died of chronic obstructive pulmonary disease (COPD) after more than 50 years of smoking ( Joyce Hardin, et al. v. R.J. Reynolds Tobacco Co., et al. , No. 07-46973-CA-22, Fla. 11th Jud. Cir.,...

Florida Jury Hears Openings In Trial Of Suit Filed By Widower Of Longtime Smoker (Watch The Opening Argument Video Excerpts)

FORT LAUDERDALE, Fla. — (Mealey’s) Trial got under way in Florida state court on June 23 with opening statements in a suit alleging that a woman’s death from lung cancer and other smoking-related diseases was caused by her addiction to cigarettes ( John McCoy, et al. v. R.J. Reynolds...

Florida Jury Adds $9 Million Punitive Award To $1.5 Million In Compensatory Damages (Watch The Opening, Closing Argument Video Excerpts)

FORT LAUDERDALE, Fla. — (Mealey’s) A Florida state court jury on July 17 awarded $9 million in punitive damages — $3 million each against R.J. Reynolds Tobacco Co., Philip Morris USA Inc. and Lorillard Tobacco Co. — to the widower of a woman who died of lung cancer after years...

Florida Jury Hears Openings In Suit By Family Of Smoker Who Died Of Lung Cancer (Watch The Opening Statements Video Excerpts)

FORT LAUDERDALE, Fla. — (Mealey’s) Trial got under way with opening statements on July 22 in a suit alleging that a woman’s death from lung cancer was caused by her 52 years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. ( Lillian Kaplan v. R.J. Reynolds Tobacco Co...

Ballard Spahr LLP: 7th Circuit Rejects 'Heightened Ascertainability' Requirement For Class Actions

By Michael R. Carroll and Burt M. Rublin Creating a clear circuit split on a class action issue of increasing importance, the Seventh Circuit has rejected the notion that in order to certify a class, a trial court must be able to identify class members in a reliable and administratively...

Florida Jury Awards $11 Million To Former Smoker With COPD (Watch The Opening And Closing Statements Video Excerpts)

JACKSONVILLE, Fla. — (Mealey’s) A Florida state court jury on Aug. 3 awarded $3.2 million in punitive damages to a woman who alleged that her years of smoking caused her to develop chronic obstructive pulmonary disease (COPD) that resulted in two lung transplants ( Elaine Jordan v. Philip...

Jury Hears Opening Arguments Involving Asbestos Hazards, Product Identification (Watch The Video Excerpts Of Opening Arguments)

MIAMI - (Mealey's) Parties in a Florida asbestos trial on Aug. 4 sparred over whether a company continued to produce asbestos-containing joint compound despite known risks and how well a man could identify the product in question ( Roy Taylor v. Georgia-Pacific LLC and Union Carbide Corp. , No. 2014...

Florida Jury Awards $1 Million To Estate Of Longtime Smoker Who Died Of Lung Cancer (Watch The Opening, Closing Statements Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) A state court jury awarded $1,028,000 Aug. 7 to the estate of a woman who developed constructive obstructive pulmonary disease (COPD) and lung cancer after 52 years of smoking ( Lillian Kaplan v. R.J. Reynolds Tobacco Co. , No. 08-19469, Fla. 17th Jud. Cir...

$25 Million Accutane Verdict Vacated On Appeal In New Jersey On Law Choice, Limitations

TRENTON, N.J. — (Mealey’s) A New Jersey appeals panel on Aug. 11 vacated a $25 million Accutane bowel injury verdict after finding that Alabama’s statute of limitations applied, rather than New Jersey’s, and that the plaintiff’s claim was time-barred ( Andrew McCarrell v...

Ballard Spahr LLP: Pharmaceutical Companies Get Off-Label Marketing Victory

. . . 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 traditional compliance analysis regarding the legality...

Cadwalader: Pharmaceutical Manufacturer's Preemptive Suit Secures Preliminary 1st Amendment Protection for Script to Promote Off-Label Use

On August 7, 2015, the U.S. District Court for the Southern District of New York invoked the First Amendment, granting Amarin Pharma, Inc. ( Amarin ) preliminary protection against federal criminal prosecution for misbranding and allowing Amarin to promote its drug, Vascepa, for off-label use through...

GM Will Pay $900 Million To Settle Defective Ignition Switch Claims

CHICAGO — (Mealey’s) General Motors LLC and the U.S. Department of Justice (DOJ) on Sept. 17 announced that they have reached a $900 million settlement of claims against the automaker pertaining to the company’s misleading of the government and the public with regard to faulty ignition...

DLA Piper: U.S. v Bayer: Randomized Clinical Trials Not Required For Dietary Supplement Structure Function Claims

By Maggie Craig and Stefanie Jill Fogel | In a much anticipated opinion for the dietary supplement industry and for products making health benefit statements, the District of New Jersey in US v. Bayer has found in favor of Bayer in holding that the government failed to establish Bayer was in contempt...