Category Archives: Verdicts

$2M Vaginal Mesh Verdict in West Virginia

C.R. Bard, Inc. was hit with a jury verdict of $2 million on August 15, 2013 in a vaginal mesh case. The case was tried in the United States District Court for the Southern District of West Virginia. Unanimous jury findings included that plaintiff had proven her design defect and failure to warn claims and that Bard did not prove its assumption of the risk defense. The jury awarded the injured plaintiff $250,000 in compensatory damages. Perhaps most notably the jury found that punitive damages…

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Preemption Defense Not Completely Dead for Branded Drugs

As all who follow drug and device law know full-well, the 2009 decision from the United States Supreme Court in Wyeth v. Levine represented a significant setback for brand-name drug manufacturers seeking to defend failure-to-warn claims on preemption grounds.  In Levine, the court held that state law failure-to-warn claims involving brand-name drugs are not preempted, unless there is “clear evidence” that the Food and Drug Administration (FDA)  would not have approved whatever labeling change forms the basis for the failure-to-warn claim.  Such a standard…

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FDA Says Intuitive May Have Failed to Test Some Da Vinci Robots

The United Stated Food and Drug Administration said Thursday that the robotic surgical device manufacturer Intuitive Surgical Inc. may have failed to test some of its da Vinci robotic surgical system equipment in accordance with acceptable factory testing standards. According to the FDA, Intuitive has informed customers that 30 devices may not  reached compliance standards; the agency has called the action a “class 2 recall”  (“a situation in which use of or exposure to a violative product may cause temporary or medically reversible adverse health…

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DePuy Wins Second Hip Implant Trial

After a five-week trial, an Illinois jury made up of seven women and five men reached its verdict, just one day after it started deliberations, and it was in favor of the Johnson & Johnson subsidiary DePuy Inc. In Carol Strum v. DePuy Orthopaedics, plaintiff claimed that the ASR XL implant she received in 2008 had a defective designed that caused it to shed large amounts of debris from metal-on-meal ware and made it prone to premature failure. DePuy had argued over the course of…

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