LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Washington Appeals Panel Affirms Defense Verdict In Birth Defect Suit

SPOKANE, Wash. - A Division I Washington Court of Appeals panel on Aug. 28 affirmed a defense verdict in a medical negligence suit after finding that a trial court did not err by allowing a midwife's expert to testify about the natural forces of labor (NFOL) theory (L.M., ex rel. William L.E. Dussault...

Mealey's PI/Product Liability - Minnesota Jury Awards $20 Million To Widower In Medical Malpractice Suit

MINNEAPOLIS - A Minnesota state court jury on Aug. 28 awarded more than $20 million to the husband of a woman who died days after giving birth, finding that a nurse practitioner was negligent in caring for the woman and that negligence was the cause of her death (Edward Bermingham IV v. Patricia Eid...

Mealey's PI/Product Liability - Missouri Appeals Panel Remands Medical Malpractice Suit For Evidentiary Hearing

KANSAS CITY, Mo. - A Missouri appeals panel on Aug. 29 found that a trial court erred in finding that the plaintiffs in a medical malpractice suit were not due relief because they had not conducted a thorough investigation of a juror's litigation history and remanded the suit to the trial court to...

Mealey's PI/Product Liability - Divided 5th Circuit Says Appeal Is Adequate Remedy For MDL Venue Dispute

NEW ORLEANS - A divided three-judge panel of the Fifth Circuit U.S. Court of Appeals on Aug. 31 denied DePuy Orthopaedics Inc. and Johnson & Johnson's request for mandamus relief that would halt an upcoming bellwether trial over the companies' Pinnacle hip prosthesis, finding that a pending...

Mealey's PI/Product Liability - Pennsylvania Appeals Court Upholds Ruling Dismissing Woman's Claim Over Stucco

PHILADELPHIA - A Pennsylvania appeals panel on Aug. 31 affirmed a trial judge's decision awarding summary judgment to a home builder on a woman's claim under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), finding that the plaintiff failed to sufficiently allege...

Mealey's PI/Product Liability - Novo Nordisk Pays $58.65M To Settle Claim It Downplayed Victoza Cancer Risk

WASHINGTON, D.C. - Drug maker Novo Nordisk Inc. on Sept. 5 agreed to pay $58.65 million to settle federal allegations that it instructed sales representatives to downplay a federally required warning about the risk of medullary thyroid carcinoma (MTC) from the company's diabetes drug Victoza (United...

Mealey's PI/Product Liability - $57.1M Awarded By Pennsylvania State Jury In Ethicon Pelvic Mesh Trial

PHILADELPHIA - A Pennsylvania state court jury on Sept. 7 awarded an Ethicon Inc. pelvic mesh plaintiff $57.1 million after finding that two of the company's devices had design defects that caused permanent injuries to the woman (Ella Cederberg-Ebaugh, et al. v. Ethicon, Inc., et al., No. 1307000866...

Mealey's PI/Product Liability - 3rd Circuit Affirms Synthes Can't Get Grand Jury Testimony For Bone Cement Cases

PHILADELPHIA - Synthes Inc. cannot get access to secret grand jury testimony to impeach testimony in a civil case that company representatives OK'd the off-label use of Norian bone cement in two deadly spinal reconstruction procedures, the Third Circuit U.S. Court of Appeals said Sept. 8 in an opinion...

Mealey's PI/Product Liability - 5th Circuit Affirms Summary Judgment In Medtronic Spinal Plate Case

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Sept. 11 affirmed summary judgment in a spinal plate lawsuit and the denial of the plaintiff's "newly discovered evidence" in the case (Bryant Lyles v. Medtronic Sofamor Danek, USA, Inc., No. 16-30517, 5th Cir., 2017 U.S. App. LEXIS...

Mealey's PI/Product Liability - Galena Biopharma To Pay $7.55M For Paying Kickbacks To Prescribe Fentanyl Drug

NEWARK, N.J. - Galena Biopharma Inc. will pay more than $7.55 million to resolve a False Claims Act lawsuit alleging that the company paid kickbacks to doctors to induce them to prescribe the company's former fentanyl drug Abstral, the U.S. Attorney for the District of New Jersey said in a Sept....

Mealey's PI/Product Liability - Missouri Supreme Court: $38M Depakote Birth Defect Verdict Came From 'Fair Trial'

JEFFERSON CITY, Mo. - The Missouri Supreme Court on Sept. 12 ruled that Abbott Laboratories Inc. received a fair trial in a Depakote birth defect case that resulted in a $38 million judgment (Miasia Barron, et al. v. Abbott Laboratories, Inc., No. SC96151, Mo. Sup., 2017 Mo. LEXIS 403).

Mealey's PI/Product Liability - Ohio Appeals Panel Upholds $4.58 Million Medical Malpractice Verdict

AKRON, Ohio - An Ohio appellate panel on Sept. 13 affirmed a $4.58 million verdict in a medical malpractice after finding that a man who sued a doctor and the practice he worked for presented enough evidence to show that the doctor's negligence was the cause of his wife's death and that the defendants...

Mealey's PI/Product Liability - New Jersey Supreme Court Reverses Ruling Finding Defects Suit Timely

TRENTON, N.J. - The New Jersey Supreme Court on Sept. 14 overturned an appeals court's ruling reinstating a condominium association's construction defects lawsuit, holding that it is unclear when the statute of limitations began to run on the association's lawsuits against a general contractor...

Mealey's PI/Product Liability - MDL Judge Won't Keep AndroGel Marketing Out Of Bellwether Retrial

CHICAGO - An Illinois federal multidistrict litigation judge on Sept. 13 denied a motion by AbbVie Inc. to reconsider his decision allowing certain marketing evidence in a Sept. 18 retrial of an AndroGel heart attack case (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL No...

Mealey's PI/Product Liability - Appeals Panel Reverses Directed Verdict For Doctor, Practice In Malpractice Suit

COLUMBIA, S.C. - A South Carolina Court of Appeals panel on Sept. 14 reversed a trial court's decision granting a defense motion for a directed verdict in a medical malpractice suit after finding that the trial court placed too high of a burden on the plaintiff to show how cancer can move from one...

Mealey's PI/Product Liability - EpiPen Consumer, Competitor Claims Put On Separate Tracks In Multidistrict Litigation

TOPEKA, Kan. - The Kansas federal judge overseeing the new EpiPen multidistrict litigation on Sept. 14 ordered separate tracks for consumer class claims and an antitrust lawsuit (In Re: EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-md-2785, D. Kan.).

Mealey's PI/Product Liability - Incretin Mimetic Appeal Must Address 3rd Circuit Case, 9th Circuit Tells Parties

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Sept. 15 told parties in the incretin mimetics multidistrict litigation appeal that it wants them to address the effect of the Third Circuit's warnings ruling in the Fosamax femur fracture multidistrict litigation when their case comes up...

Mealey's PI/Product Liability - MDL Judge Denies Interlocutory Appeal Of AndroGel Failure-To-Warn Preemption Issue

CHICAGO - The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on Sept. 18 denied a motion by defendants AbbVie Inc. and Abbott Laboratories to certify for interlocutory appeal the court's ruling denying summary judgment on failure-to-warn claims (In...

Mealey's PI/Product Liability - St. Jude Spinal Stimulator Case Dismissed As Preempted With Leave To Amend

WILMINGTON, Del. - A Delaware federal judge on Sept. 15 said a plaintiff in a Protege Spinal Cord Stimulator case cannot overcome federal preemption of her claims but can file an amended complaint to state more plausible claims (Kathleen M. Freed, et al. v. St. Jude Medical, Inc., et al., No. 17-1128...

Mealey's PI/Product Liability - Suit Seeking Discovery Filed Over Post-Irma Death At Florida Nursing Home

FORT LAUDERDALE, Fla. - A man whose mother died in a Florida nursing home after the air conditioning system broke following Hurricane Irma filed suit on Sept. 15 against the home, its owners and administrative staff, seeking a pure bill of discovery and to preclude the home, its staff and owner from...

Mealey's PI/Product Liability - 2nd Criminal Trial In Deadly Fungal Meningitis Outbreak Gets Under Way In Boston

BOSTON - A second federal criminal trial stemming from the deadly 2012 fungal meningitis outbreak tied to New England Compounding Center (NECC) got under way Sept. 19 in Boston (United States of America v. Glenn A. Chin, No. 14-cr-10363, D. Mass.).

Mealey's PI/Product Liability - Zimmer Sales Rep Loses Discharge Trial, Owes Company $125,000 For Breach Of Duty

ALLENTOWN, Pa. - A Pennsylvania federal court jury on Sept. 21 found that Zimmer Biomet Inc. did not wrongfully discharge a sales representative and found that the sales representative instead breached his duty not to disclose information about Zimmer and its customers and owes his former employer $125...

Mealey's PI/Product Liability - 11th Circuit Asks Texas High Court When Discovery Rule Started In Pelvic Mesh Case

ATLANTA - The 11th Circuit U.S. Court of Appeals on Sept. 20 asked the Texas Supreme Court to rule whether a pelvic mesh plaintiff has to know of the defendant's alleged wrongdoing before her claim accrues under the Texas discovery rule (Ann Marie Bergin v. Mentor Worldwide LLC, et al., No. 16-14364...

Mealey's PI/Product Liability - 4th DePuy Pinnacle Hip MDL Trial Under Way In Texas With 6 Plaintiffs

DALLAS - The fourth DePuy Pinnacle hip multidistrict trial got under way Sept. 20 in the U.S. District Court for the Northern District of Texas with six New York plaintiffs (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 11-md-02244, Ramon Alicea,...

Mealey's PI/Product Liability - Aegerion To Pay $35M To Settle Criminal, False Claims Cases, $4M To Settle SEC Action

BOSTON - Aegerion Pharmaceuticals Inc. will pay more than $35 million to resolve federal criminal misdemeanor charges and civil claims that it promoted its expensive cholesterol drug Juxtapid for off-label uses and violated patient privacy and kickback laws in the process, the U.S. Attorney's Office...