Category Archives: Design Defect
Defendants in Mass Tort Pelvic Mesh Lawsuits May Now Succeed With Removal to Federal Court – Non-Diverse Defendant Wins Dismissal
- September 11, 2014
- Class Action,Design Defect,Drug/Medical Device,FDA,Litigation,Litigation Strategies,Medical Device,News,Pharmaceutical/Medical Device/Biotechnology,Product Liability,Summary Judgment
In a significant win for Secant Medical LLC, (Secant), Judge Arnold L. New of the Court of Common Pleas of Philadelphia County granted its motion to dismiss mass tort pelvic mesh personal injury claims in a decision dated August 22, 2014. The court held that under the Biomedical Access Assurance Act (BAAA), Secant is not a manufacturer or seller of the pelvic mesh. Secant, a Pennsylvania company, was undoubtedly named to defeat diversity jurisdiction in an effort by plaintiffs to stay in state court in…
Continue Reading....This Week’s Life Science Headlines
- March 6, 2014
- Design Defect,FDA,Litigation,Medical Device,News,Pharmaceuticals,Product Liability,Recalls,Regulatory
Litigation
- Medtronic Infuse Lawsuits Over Bone Growth Complications Top 1,000
- Testim Lawsuit Filed Over Stroke from Low Testosterone Gel
- Settlements Continue in Stryker Rejuvenate Hip Recall Lawsuits
- Boiron Ducks Class Cert. In Suit Over Flu Remedy Label (subscription required)
- FCA Suits Over Poor Drug Quality Are Down But Not Out (subscription required)
- Pa. High Court’s Design Ruling Revives Fen-Phen Suit (subscription required)
- Actos Bladder Cancer Trial Continues in Federal MDL
- OxyElite Pro Lawsuit Consolidation to be Considered March 27 by JPML
Last Week’s Important Life Science Headlines
- February 25, 2014
- Class Action,Design Defect,FDA,Litigation,Medical Device,News,Pharmaceuticals,Product Liability,Recalls,Regulatory
Litigation
- Xarelto Lawsuit Filed Over Uncontrollable Internal Bleeding
- Neomedic Cases Added to Vaginal Mesh Litigation in W.Va. Federal Court
- Endo Puts Aside $520M for Vaginal Mesh Litigation (subscription required)
- 9th Circ. Refuses to Revive Novartis Jaw Injury Litigation (subscription required)
- FTC Bags $2M False Ad Win Against Diabetes Supplement Co. (subscription required)
- J&J Mesh Suits Belong in Federal Court, 10th Circ. Told (subscription required)
- New Philly Mass Tort Program Created for Pelvic Mesh Suits (subscription required)
- J&J Wins 1
Pennsylvania Supreme Court Opens Door for Negligent Design Claims Against Pharmaceutical Manufacturers
- February 5, 2014
- Class Action,Design Defect,Litigation,Medical Device,News,Pharmaceuticals,Product Liability,Regulatory
In a decision with significant potential ramifications, the Pennsylvania Supreme Court has issued a ruling that pharmaceutical companies can be held liable for negligence in the design and marketing of drugs, regardless of claims that the drugs had been properly labeled and tested, as well as approved by the U.S. Food and Drug Administration. The ruling, announced January 22nd, upholds an intermediate appellate court decision against a Pfizer, Inc. subsidiary in a wrongful death action involving the diet drug Redux. In its 4-2 decision, the…
Continue Reading....Claims Regarding Post-FDA Approval Problems Not Preempted
- Design Defect,FDA,Litigation,Medical Device,News,Preemption,Product Liability,Recalls,Regulatory,Uncategorized
While Medical Device Amendments of 1976, 21 U.S.C. § 360k(a) provides protection to manufacturers for medical devices approved by the FDA, certain post-FDA approval activities may still give rise to claims. In this recent case, the defendant St. Jude Medical, Inc. moved to dismiss the complaints against it for injuries allegedly resulting from St. Jude Riata leads on implantable cardiac defibrillators where the insulation failed and caused unnecessary shocks in the body. The product was removed from the market in 2010, a warning letter was…
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