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Mealey's PI/Product Liability - North Carolina High Court Finds Doctor Breached Fiduciary Duty To Patient

RALEIGH, N.C. - A North Carolina Supreme Court majority on Jan. 27 affirmed a lower court of appeals order to not enforce arbitration after finding that an arbitration agreement that was signed by a patient who was injured during a surgery is unenforceable because of a breach of fiduciary duties by the...

Mealey's PI/Product Liability - RICO Class Action Filed Against 3 Insulin Makers For Gaming Prices

BOSTON - Eleven diabetics on Jan. 30 filed a class action complaint alleging that Sanofi U.S., Novo Nordisk Inc. and Eli Lilly and Co. are raising their prices for insulin out of reach for some diabetics to create a "spread" between the drugs' "list price" and its wholesale price...

Mealey's PI/Product Liability - Proton Pump Inhibitor MDL Motion Denied By Federal Judicial Panel

WASHINGTON, D.C. - A federal judicial panel on Feb. 2 denied a motion to centralize 39 federal lawsuits alleging kidney injury from proton pump inhibitor (PPI) drugs because they involve four groups of competing manufacturers and because discovery will be "defendant-specific" (In Re: Proton...

Mealey's PI/Product Liability - Tennessee Appeals Panel Affirms Summary Judgment In Deck Collapse Suit

NASHVILLE, Tenn. - A Tennessee Court of Appeals panel on Jan. 31 affirmed a state court decision to grant summary judgment to homeowners who were sued for injuries when their deck collapsed because the plaintiffs did not present any evidence to show that the collapse was foreseeable and, therefore, the...

Mealey's PI/Product Liability - Mississippi Supreme Court Reverses Summary Judgment In Truck Attack Suit

JACKSON, Miss. - The Mississippi Supreme Court on Feb. 2 ruled that claims filed by a man who was allegedly intentionally hit by a truck driven by an employee of a farm were based in intentional tort rather than negligence and, therefore, are time-barred by Mississippi state law (Sanderson Farms Inc...

Mealey's PI/Product Liability - Defense Verdict Returned By Ohio Federal Jury In Depakote Birth Defect Trial

CLEVELAND - An Ohio federal jury on Feb. 2 returned a defense verdict for Abbott Laboratories Inc. and spinoff AbbVie Inc. in a Depakote birth defect trial (Z.H., et al. v. Abbott Laboratories, Inc., et al., No. 14-176, N.D. Ohio, Eastern Div.).

Mealey's PI/Product Liability - Montana High Court Upholds Ruling Awarding Summary Judgment To Builder, Architect

HELENA, Mont. - A Montana Supreme Court panel on Feb. 7 affirmed a ruling awarding summary judgment to a builder and an architect accused of defectively constructing a high school roof that partially collapsed following a snow storm in 2010, finding that the school district's lawsuit was barred by...

Mealey's PI/Product Liability - 53 Federal Eliquis Cases Centralized As 3rd Anticoagulant MDL

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Feb. 7 centralized 53 federal Eliquis lawsuits before Senior Judge Denise L. Cote of the U.S. District Court for the Southern District of New York (In Re: Eliquis [Apixaban] Products Liability Litigation, MDL Docket No. 2754...

Mealey's PI/Product Liability - Plaintiffs In Philadelphia Building Collapse Agree To $227 Million Settlement

PHILADELPHIA - The defendants found responsible for the 2013 collapse of a Salvation Army building in Philadelphia on Feb. 8 agreed to pay a total of $227 million to the 19 plaintiffs, those who were injured and the families of those killed in the collapse, according to a press release and media reports...

Mealey's PI/Product Liability - Biopharma Programmer Arrested For Trading On Insider Information

BOSTON - A former programmer for a Massachusetts biopharmaceutical company was charged Feb. 7 with insider trading for conspiring to commit securities fraud by trading insider information about successful drug trials (United States of America v. Songjiang Wang, No. 17-1005, D. Mass.).

Mealey's PI/Product Liability - Washington Supreme Court: Da Vinci Robot Maker Must Warn Hospitals

OLYMPIA, Wash. - The manufacturer of the da Vinci surgical robot had a duty to warn a hospital about the risks of the device to credential the physician who used it, the Washington Supreme Court ruled Feb. 9 in vacating a 2013 defense verdict for Intuitive Surgical Inc. in a wrongful death trial (Josette...

Mealey's PI/Product Liability - Kidney Dialysate Wrongful Death Trial Under Way In Fresenius MDL

BOSTON - A wrongful death bellwether trial involving the dialysate NaturaLyte got under way Feb. 8 in the U.S. District Court for the District of Massachusetts (Florella Dial, et al. v. Fresenius Medical Care Holdings, Inc. et al., No. 14-11101, D. Mass.).

Mealey's PI/Product Liability - Appeals Court Overturns Ruling Staying Construction Defects Case

SAN DIEGO - A California appeals panel on Feb. 10 vacated a trial court judge's ruling staying a lawsuit brought under the Right to Repair Act (RRA) for defects in the construction of 28 homes, finding that the builder's failure to timely respond to the notice of the defects warranted reversal...

Mealey's PI/Product Liability - West Virginia High Court: Suit Arose Under Medical Professional Liability Act

CHARLESTON, W. Va. - The West Virginia Supreme Court of Appeals on Feb. 9 affirmed a trial court's ruling that a premises liability claim is a claim for medical malpractice because the plaintiff's suit, alleging claims related to the wrongful death of her husband following a visit to a health...

Mealey's PI/Product Liability - Effient Bleeding Death Complaint Partly Dismissed By Kentucky Federal Judge

OWENSBORO, Ky. - A Kentucky federal judge on Feb. 10 dismissed in part a lawsuit alleging that Eli Lilly and Co. failed to warn that its anticoagulant drug Effient could cause uncontrolled bleeding like the kind that led to a patient's death (Estate of Jerry DeMoss, et al. v. Eli Lilly and Company...

Mealey's PI/Product Liability - Judge: Ordinary Negligence Standard Applies To Boating Accident Case

GRAND RAPIDS, Mich. - A federal judge in Michigan on Feb. 8 found that a Michigan statute regulating watercraft declares that the operation of a boat is subject to a negligence standard of care (James Fastabend, next friend of C.F. v. Merle Karberg, et al., No. 15-cv-00386, W.D. Mich., 2017 U.S. Dist...

Mealey's PI/Product Liability - Master Settlement Reached In Tylenol Liver Injury Cases; Terms Are Undisclosed

PHILADELPHIA - The McNeil Consumer Healthcare division of Johnson & Johnson has agreed to pay a confidential amount to settle more than 200 Tylenol liver injury lawsuits, according to two documents filed Feb. 10 in the Tylenol multidistrict litigation court (In Re: Tylenol [Acetaminophen] Marketing...

Mealey's PI/Product Liability - 4th Circuit Asked To Rehear Whether 510(k) Evidence Belongs In Pelvic Mesh Trial

RICHMOND, Va. - Ethicon Inc. and parent company Johnson & Johnson on Feb. 9 petitioned the Fourth Circuit U.S. Court of Appeals to grant an en banc rehearing on the issue whether any evidence about Food and Drug Administration dealings with 510(k)-cleared medical devices is admissible in a product...

Mealey's PI/Product Liability - Theranos Dismissal Motion Mooted By Filing Of Amended Class Action Complaint

PHOENIX - An Arizona federal judge on Feb. 10 dismissed as moot a motion to dismiss a RICO class action complaint against Theranos Inc. after the parties agreed to the filing of an amended, consolidated class complaint (In Re: Arizona Theranos, Inc., Litigation, No. 16-2138, D. Ariz.).

Mealey's PI/Product Liability - 10th Circuit Rejects Claim That Excessive Force In Search Caused Man's Suicide

DENVER - The federal government's use of at least 22 armed agents wearing bullet-proof vests to search for illegally taken Native American artifacts at the house of a Utah doctor who killed himself the day after the search does not constitute excessive force, the 10th Circuit U.S. Court of Appeals...

Mealey's PI/Product Liability - Texas Appeals Panel Reverses Summary Judgment In Wrongful Death Suit

HOUSTON - A Texas appellate panel on Feb. 14 found that a trial court erred by denying summary judgment to a hospital accused of failing prevent a patient, who was later killed by a train, from escaping because under Texas law, the hospital was immune from the suit and not subject to a waiver of immunity...

Mealey's PI/Product Liability - Illinois Federal Judge Won't Exclude Expert In Case About Bone-Lengthening Device

CHICAGO - An Illinois federal judge on Feb. 15 denied a motion by an orthopedic device manufacturer to exclude the testimony of a plaintiff expert about an alleged flaw in the device (Timothy Bellas v. Orthofix, Inc., No. 14-9623, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 21166).

Mealey's PI/Product Liability - West Virginia Court Rules Zoloft Heart Defect Cases Need Labeling Expert

CHARLESTON, W.Va. - A West Virginia state judicial panel on Feb. 15 granted summary judgment to Pfizer Inc. in two Zoloft heart defect cases, ruling that the plaintiffs require expert testimony to establish failure to warn and that they cannot rely on record evidence or even the defendants' own witnesses...

Mealey's PI/Product Liability - Motion For LFIT Hip MDL To Be Heard March 30; Defendant Opposes

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Feb. 14 scheduled arguments about whether federal lawsuits involving the Stryker Orthopaedics LFIT V40 femoral head hip device should be centralized (In Re: Stryker Orthopaedics LFIT V40 Femoral Head Products Liability Litigation...

Mealey's PI/Product Liability - California Appeals Panel Reverses Summary Judgment In Premises Liability Suit

LOS ANGELES - A California appellate panel on Feb. 14 found that there are triable issues of material fact in a case in which a woman who was injured falling down the stairs of her apartment building alleged that the steps were made in a dangerous condition, reversing summary judgment that was granted...