LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Arizona Supreme Court Upholds Defense Verdict In Medical Malpractice Suit

PHOENIX - The Arizona Supreme Court on Oct. 23 unanimously found that a trial court did not err in denying a woman's motion for a new trial in a medical malpractice suit after finding that she was not prejudiced by a chiropractor's experts having transcripts of her expert's testimony (Emma...

Mealey's PI/Product Liability - NECC Pharmacist Convicted Of Racketeering, Mail Fraud, But Acquitted Of 25 Murders

BOSTON - The former supervising pharmacist of a compounding pharmacy at the center of a deadly fungal meningitis outbreak was acquitted Oct. 25 of 25 federal counts of second-degree murder but was convicted of multiple counts of racketeering, conspiracy, mail fraud and making adulterated and misbranded...

Mealey's PI/Product Liability - Doctor Pleads Guilty To Opioid Health Care Fraud, Taking Kickbacks From Insys

PROVIDENCE, R.I. - A Rhode Island doctor on Oct. 25 pleaded guilty to health care fraud and taking kickbacks for prescribing the opioid Subsys to unqualified patients (United States of America v. Jerrold N. Rosenberg, No. 17-9, D. R.I.).

Mealey's PI/Product Liability - Indictment Of 7 Insys Execs For Opioid Sales Tactics Unsealed In Massachusetts

BOSTON - A federal indictment against seven high-ranking officers of opioid maker Insys Therapeutics Inc. was unsealed Oct. 26 in a Massachusetts federal court charging the men with racketeering, mail fraud and conspiracy for a scheme to pay kickbacks to doctors for, and to fraudulently induce health...

Mealey's PI/Product Liability - Iowa Appeals Court Majority Says Man Posing As Contractor Is Builder-Vendor

DES MOINES - A man who promoted himself as a general contractor on a home that contained construction defects could be considered a builder-vendor subject to liability for breach of the implied warranty of workerlike construction, a 2-1 panel of the Iowa Court of Appeals ruled Oct. 25 (David Sokol, et...

Mealey's PI/Product Liability - AbbVie, AndroGel Plaintiff Spar Over Mixed Verdict In 1st Bellwether Trial Verdict

CHICAGO - AbbVie on Oct. 25 urged the judge overseeing the testosterone replacement therapy multidistrict litigation to not disturb a bellwether trial verdict where a jury awarded $0 compensatory damages (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No....

Mealey's PI/Product Liability - '11th-Hour' Declaration Can't Overcome Learned Intermediary In Plavix MDL Case

TRENTON, N.J. - The judge overseeing the Plavix multidistrict litigation on Oct. 26 granted summary judgment in a case after ruling that the plaintiff's "eleventh hour" declaration by one treating physician did not overcome California's learned intermediary defense for defendants Bristol...

Mealey's PI/Product Liability - 6th Circuit Affirms Dismissal Of Abilify False Claims, Kickback Qui Tam Case

CINCINNATI - In a 2-1 ruling, a panel of the Sixth Circuit U.S. Court of Appeals on Oct. 27 affirmed the dismissal of a false claims/kickback lawsuit about alleged off-label marketing of the antipsychotic drug Abilify (United States of America, ex rel. Joseph Ibanez, et al. v. Bristol-Myers Squibb Company...

Mealey's PI/Product Liability - 5th Circuit: Neurostimulator Warranty Claim Not Preempted; Reliance Needs Proof

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Oct. 31 ruled that a plaintiff's express warranty claim about a Medtronic Inc. neurostimulator is not preempted, but it said that on remand, the district court could should consider if the plaintiff relied on the warranty (Ray Wildman v. Medtronic...

Mealey's PI/Product Liability - Insys Therapeutics Sets Aside $150M For Possible Justice Department Settlement

PHOENIX - Opioid maker Insys Therapeutics Inc. on Nov. 2 said it has accrued a minimum liability of $150 million over five years in connection with an ongoing U.S. Department of Justice (DOJ) investigation.

Mealey's PI/Product Liability - West Virginia High Court Answers Certified Questions In Premises Liability Suit

CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on Nov. 1 unanimously held that a trial court was right to deny a motion to amend a complaint in a premises liability suit because a man who was assaulted at a county fair could not prove that there was a joint venture between the company...

Mealey's PI/Product Liability - Appeals Court Upholds Ruling Denying Project Manager's Indemnification Request

PHILADELPHIA - A 2-1 panel of the Pennsylvania Superior Court on Nov. 3 affirmed a ruling that a project manager was not entitled to $62,510.73 in damages from a concrete subcontractor after finding that a condominium owner's association could not pursue a breach of the implied warranty of habitability...

Mealey's PI/Product Liability - $25M Set Aside For Common Benefit Fees In Fresenius MDL

BOSTON - The Massachusetts federal judge overseeing the Fresenius GranuFlo/NaturaLyte dialysate multidistrict litigation on Nov. 2 ordered that $27 million of the $250 million global settlement be set aside for plaintiffs' counsel common benefit fees and expenses (In Re: Fresenius GranuFlo/NaturaLyte...

Mealey's PI/Product Liability - Pharmacy Owner Pleads Guilty To Fraud In Compounded Drug Scheme

TAMPA, Fla. - The owner of several Florida pharmacies pleaded guilty on Nov. 6 to health care fraud and criminal gains for submitting $100 million in claims for compounded prescription drugs to health insurance programs (United States v. Nicholas A. Borgesano, Jr., No. 16-cr-353, M.D. Fla.).

Mealey's PI/Product Liability - Judge Won't Dismiss Case Against Sales Rep Who Recommended Wrong Graft

ST. LOUIS - A Missouri federal judge on Nov. 6 declined to dismiss a case in which a plaintiff alleges that a Medtronic Inc. sales representative was responsible for the death of her mother by recommending the wrong size aortic heart graft (Eva Westmoreland v. Medtronic, Inc., et al., No. 17-1626, E...

Mealey's PI/Product Liability - 1st Cook IVC MDL Bellwether Trial Ends In Defense Verdict

INDIANAPOLIS - The first bellwether trial in the Cook Medical Inc. inferior vena cava (IVC) filter multidistrict litigation ended Nov. 9 with a verdict for the defendant (Elizabeth Jane Hill v. Cook Medical, LLC, et al., No. 14-6016, S.D. Ind., Indianapolis Div.).

Mealey's PI/Product Liability - Alabama Jury Awards $7.5 Million To Man Injured While Reaching For Watermelon

PHENIX CITY, Ala. - An Alabama jury on Nov. 8 awarded $7.5 million to a man who injured himself by getting his foot stuck in pallet while reaching for a watermelon at a Wal-Mart store after finding that Wal-Mart was negligent for placing the pallet on the floor where customers were (Henry Walker v. Wal...

Mealey's PI/Product Liability - Jury Deliberating In 4th DePuy Pinnacle Hip MDL Trial With 6 Plaintiffs

DALLAS - A Texas federal jury on Nov. 13 began deliberating in a multiplaintiff DePuy Pinnacle hip trial after nine weeks of testimony (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 11-md-02244, Ramon Alicea, et al. v. DePuy Orthopaedics., Inc., et...

Mealey's PI/Product Liability - Risperdal Gynecomastia Defense Verdict Reversed On Appeal For 'Expert' Testimony

PHILADELPHIA - A Pennsylvania state appeals court panel on Nov. 13 reversed a Risperdal gynecomastia defense verdict, finding that the trial court erred in not treating physician assistant's testimony as that of a causation expert (W.C. v. Janssen Pharmaceuticals, Inc., et al., No. 2451 EDA 2015...

Mealey's PI/Product Liability - Pennsylvania Appeals Court: 2 Risperdal Gynecomastia Cases Time-Barred

PHILADELPHIA - A Pennsylvania appeals panel on Nov. 13 affirmed defense summary judgment in two Risperdal gynecomastia cases, ruling that the plaintiffs reasonably should have known that their alleged injuries were caused by the drug before they filed suit a minimum of six years too late (Jonathan Saksek...

Mealey's PI/Product Liability - MDL Judge Will Allow Limited Discovery Into C-Qur Patch Swedish Parent Company

CONCORD, N.H. - The New Hampshire federal judge overseeing the C-Qur mesh multidistrict litigation on Nov. 14 denied without prejudice a motion by the defendants' Swedish parent company to be dismissed for lack of personal jurisdiction and instead allowed plaintiffs to conduct limited discovery on...

Mealey's PI/Product Liability - Jury Finds For Defense In 1st Testim Bellwether Trial In Testosterone MDL

CHICAGO - Jurors in the first testosterone replacement therapy multidistrict bellwether trial involving Testim on Nov. 16 found in favor of defendant Auxilium Pharmaceuticals LLC (In Re: Testosterone Replacement Therapy Litigation, MDL Docket No. 2545, Steve Holtsclaw v. Auxilium Pharmaceuticals LLC...

Mealey's PI/Product Liability - 6 Plaintiffs Awarded $247M In 4th DePuy Pinnacle Hip MDL Bellwether Trial

DALLAS - A Texas federal jury on Nov. 16 awarded six plaintiffs $247.49 million in the fourth multidistrict litigation bellwether trial involving the DePuy Orthopaedics Inc. Pinnacle hip (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 11-md-02244,...

Mealey's PI/Product Liability - California Appeals Court Reinstates Man's Defects Claim Over Plumbing

RIVERSIDE, Calif. - A California appeals panel on Nov. 16 reversed a trial judge's decision to award summary judgment to a general contractor accused of construction defects, holding that the man should be allowed to present evidence to demonstrate that his allegations of defectively installed plumbing...

Mealey's PI/Product Liability - N.M. Appeals Court Orders Directed Verdict Be Vacated In Medical Malpractice Suit

SANTA FE, N.M. - In a split decision, the Arizona Supreme Court on Nov. 20 affirmed a lower appellate court's decision to reverse a stipulated directed verdict in a medical malpractice suit after finding that the statute of repose expired in the suit where a woman claimed that her doctor failed to...