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2nd Fosamax Bellwether Plaintiff Failed To Prove Causation, 2nd Circuit Affirms

NEW YORK - (Mealey's) The second bellwether plaintiff in the Fosamax multidistrict litigation failed to produce evidence that the osteoporosis drug caused her osteonecrosis of the jaw (ONJ), a panel of the Second Circuit U.S. Court of Appeals ruled Nov. 5 in affirming summary judgment ( Bessie L...

Ballard Spahr LLP: New Jersey Supreme Court Clarifies Impact Of FDA Approval On Discovery Rule

Adopting a middle-of-the-road approach that may raise more questions than it answers, the New Jersey Supreme Court has ruled that FDA approval of drug and medical device warnings creates a presumption against application of the discovery rule to a defendant's otherwise-valid statute of limitations...

9th Circuit: Federal Law Doesn't Preempt Parallel State Law Device Claim

SAN FRANCISCO- (Mealey's) The Ninth Circuit U.S. Court of Appeals, sitting en banc , ruled Jan. 10 that federal law does not preempt, expressly or by implication, a state law failure-to-warn claim alleging that Medtronic Inc. violated its federal duty to report problems with a drug pump ( Richard...