LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - GSK Must Produce Records For Justice Department Probe Of Zofran Off-Label Sales

BOSTON - A Massachusetts federal magistrate judge in the Zofran multidistrict litigation on April 6 granted a plaintiffs' motion to compel defendant GlaxoSmithKline LLC (GSK) to produce documents related to the U.S. Department of Justice's investigation into the off-label marketing of the anti...

Mealey's PI/Product Liability - Texas Appeals Panel Affirms Verdict In Premises Liability Suit

FORT WORTH, Texas - A Texas appeals panel on April 6 affirmed a verdict in a premises liability suit in favor of a restaurant and its owner after finding that a woman who sued after her husband died from a fall on the restaurant's property did not present enough evidence to show that patio furniture...

Mealey's PI/Product Liability - Judge Urges Resolution After $454M Surgical Gown Verdict For California Class

LOS ANGELES - Moments after a California federal jury returned a $454 million verdict in a California class action trial involving MicroCool surgical gowns, the judge on April 7 urged the parties to try to resolve the dispute to avoid having the matter go on "for many years further after today's...

Mealey's PI/Product Liability - Hearing May 25 On Brazilian Insurers' Motion For Medical Device Kickback MDL

WASHINGTON, D.C. - Five United States medical device companies on April 13 filed briefs opposing the centralization of three federal lawsuits brought against them by a Brazilian health insurance association that claims the companies bribed Brazilian doctors to use their products, costing the insurers...

Mealey's PI/Product Liability - Alere Settles Class Action Involving Recalled Blood Clot Testing Device

BOSTON - The makers of an at-home device to test blood clotting factors has settled a federal class action, according to a settlement order of dismissal filed April 12 (J.E., et al. v. Alere, Inc., et al., No. 16-11515, D. Mass.).

Mealey's PI/Product Liability - Virginia High Court Remands Medical Malpractice Suit For New Trial

RICHMOND, Va. - The Virginia Supreme Court on April 13 ordered a new trial in a medical malpractice suit after finding that the defendant's expert witness's testimony should not have been admitted because it was based on an assumption "that has no basis in fact" (Mariam Toraish v. James...

Mealey's PI/Product Liability - Johnson & Johnson, Ethicon Oppose Physiomesh MDL

WASHINGTON, D.C. - Johnson & Johnson and subsidiary Ethicon Inc. on April 13 opposed a motion by nine plaintiffs to centralize federal lawsuits alleging injury from the Physiomesh Flexible Composite hernia patch (In Re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation...

Mealey's PI/Product Liability - Drug Distributor McKesson Gets Injunction Against Arkansas' Execution Drug Use

LITTLE ROCK, Ark. - An Arkansas state court judge on April 14 issued a temporary restraining order against the state's planned executions of eight death row inmates in 11 days at the request of drug distributor McKesson Medical-Surgical Inc. (McKesson Medical-Surgical, Inc. v. State of Arkansas,...

Mealey's PI/Product Liability - California IVC Plaintiffs Were Not Proposing Joint Trial; CAFA Remand Affirmed

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 14 agreed with a federal district court that nine plaintiffs bringing claims against Cordis Corp. for injuries allegedly caused by the defendant's inferior vena cava (IVC) device are not seeking trials that would trigger federal jurisdiction...

Mealey's PI/Product Liability - Xarelto MDL Judge Denies Preemption Summary Judgment Based On Label Change

NEW ORLEANS - The Louisiana federal judge overseeing the Xarelto multidistrict litigation on April 13 denied a defense motion to grant partial summary judgment based on preemption in the first two bellwether cases, saying the issues "are factually pregnant and inappropriate for summary judgment"...

Mealey's PI/Product Liability - Nonsuit Granted In Risperdal Gynecomastia Trial By Pennsylvania Judge

PHILADELPHIA - A Pennsylvania state court judge on April 17 granted a defense motion for a compulsory nonsuit in a Risperdal gynecomastia trial at the close of the plaintiff's case (Dean Hibbs v. Janssen Pharmaceuticals, Inc., et al., No. 130600861, Pa. Comm. Pls., Philadelphia Co.).

Mealey's PI/Product Liability - Colorado High Court Says Privity Needed For Homeowner To Sue Developer

DENVER - The Colorado Supreme Court on April 17 ruled that a homeowner who claims that his basement is uninhabitable due to water in his basement cannot pursue a claim against the developer for breach of the implied warranty of suitability, finding that the homeowner did not have privity to a contract...

Mealey's PI/Product Liability - 5th Circuit Remands Slip-And-Fall Suit For A Second Time

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on April 14 reversed summary judgment for a second time in a suit where an employee at a grocery store was injured while cleaning up a spill because there is a question of material fact over whether a cleaning product the store failed to...

Mealey's PI/Product Liability - Theranos To Pay $4.85M In Restitution To Settle Arizona's Consumer Lawsuit

PHOENIX - Blood-testing start-up Theranos Inc. on April 18 agreed to pay $4.85 million to Arizona as full restitution to state residents who had their blood tested under the company's auspices only to have 834,233 test results voided (State of Arizona, et al. v. Theranos, Inc., No. n/a, Ariz. Super...

Mealey's PI/Product Liability - Appeals Court Reinstates Association's Warranty Claim Against Developer

MINNEAPOLIS - An appellate court panel in Minnesota on April 17 overturned a trial court judge's ruling finding that a building association's breach of express warranty claim arising from water intrusion caused by a lack of proper caulking was untimely, ruling that the judge applied the wrong...

Mealey's PI/Product Liability - Federal Judge Awards Plaintiffs In Medical Malpractice Suit $33.8 Million

MIAMI - A federal judge in Florida on April 17 ordered the United States to pay the parents of a child who developed brain damage following delivery $33.8 million after finding it responsible for the negligence of a doctor who was employed by a federally funded clinic (Marla Dixon, et al. v. United States...

Mealey's PI/Product Liability - Pennsylvania Superior Court Affirms $55 Million Verdict In Product Defect Suit

HARRISBURG, Pa. - A Pennsylvania Superior Court panel on April 19 affirmed a $55 million verdict in a product liability suit in which a man claimed that he became a quadriplegic because the seat belt he was wearing during a car crash did not protect him (American Honda Motor Co., Inc. v. Carlos Martinez...

Mealey's PI/Product Liability - 5th Circuit Panel Affirms Summary Judgment In Rifle Defect Suit

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on April 19 affirmed a federal judge's grant of summary judgment to the makers of a rifle because the product defect suit against them was time-barred by the Texas Statute of Repose (Edward Burdett v. Remington Arms Company LLC, et...

Mealey's PI/Product Liability - $3M Verdict Awarded Against GSK For Failing To Warn Of Suicide In Generic Paxil Case

CHICAGO - An Illinois federal jury on April 20 awarded $3 million to a widow after finding that GlaxoSmithKline PLC (GSK) failed to update the label for the antidepressant Paxil to warn that the drug can cause suicide in patients older than 24 (Wendy B. Dolin, et al. v. SmithKline Beecham Corporation...

Mealey's PI/Product Liability - Cherokee Nation Says Drug Distribution Companies Liable For Opioid Crisis

TAHLEQUAH, Okla. - The Cherokee Nation sued several top drug distributors and retail pharmacy operators April 20 in tribal court, alleging that they failed to prevent the diversion of illegally prescribed opioid pain killers to tribal members, causing hundreds of deaths and hundreds of millions of dollars...

Mealey's PI/Product Liability - FDA Warns Against Codeine, Tramadol For Young Kids, Some Teens, Nursing Moms

SILVER SPRING, Md. - The Food and Drug Administration on April 20 warned that children under 12, adolescents with fast metabolisms or who have had tonsillectomies and nursing mothers should not take prescription products containing the opioids codeine and tramadol for pain or cough suppression because...

Mealey's PI/Product Liability - Federal Judge Orders United States To Pay $32.9M In Medical Malpractice Suit

HARRISBURG, Pa. - A federal judge in Pennsylvania on April 20 found that the United States was responsible for the brain damage a child sustained during delivery at a federally funded facility and ordered the United States to pay the parents of the child $32.9 million (Christina Late, et al. v. United...

Mealey's PI/Product Liability - Aleve Kidney Injury Experts Excluded; Bayer Gets Summary Judgment

EAST ST. LOUIS, Ill. - An Illinois federal judge on April 21 granted Bayer Corp.'s motion for summary judgment in an Aleve case after excluding the plaintiff's two experts from testifying that the over-the-counter pain reliever caused permanent kidney damage (Kenneth Hale, et al. v. Bayer Corporation...

Mealey's PI/Product Liability - Chinese Drywall MDL Judge Adopts Formula To Calculate Remediation Damages

NEW ORLEANS - The federal judge in Louisiana overseeing litigation stemming from defective drywall manufactured in China on April 21 adopted an expert's formula that states that class members should receive $86 per square foot to remediate damage to their homes' electrical and plumbing systems...

Mealey's PI/Product Liability - Alabama High Court Reverses Summary Judgment In Slip-And-Fall Suit

MONTGOMERY, Ala. - The Alabama Supreme Court on April 21 found that a company that owns a McDonalds fast food restaurant did not present enough evidence to show that a puddle a woman slipped on was an open and obvious danger and reversed summary judgment granted to the company by the trial court (Andre...