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
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Class Action Design Defect Drug/Medical Device FDA Litigation Litigation Strategies Medical Device News Pharmaceutical/Medical Device/Biotechnology Product Liability Summary Judgment
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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…
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March 14, 2014
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Design Defect FDA Litigation Medical Device News Pharmaceuticals Preemption Product Liability Recalls Regulatory Settlements
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Litigation

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March 6, 2014
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Design Defect FDA Litigation Medical Device News Pharmaceuticals Product Liability Recalls Regulatory
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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

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February 28, 2014
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Design Defect FDA Litigation Medical Device News Pharmaceuticals Product Liability Recalls Regulatory
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Litigation

J&J, Ethicon Sued Over Surgical Stapler Misfire (subscription required)
GSK Can’t Shake Calif. County’s Avandia False Ad Claims (subscription required)
Pradaxa Lawsuits Raise Questions Over Clinical Trial Data Accuracy
Firms Kick Off Benicar Diarrhea Suits Against Daiichi (subscription required)
Mirena Birth Control Lawsuit Filings Approach 1,000 Cases
Boston Scientific Obtryx Sling Lawsuits Consolidated for Trial
Zoloft False Ad Suit Time-Barred, Judge Finds (subscription required)
J&J Hid Topamax Birth Defect Risks, Philly Jury Hears (subscription required)
Total, Endo Units Hit With

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February 25, 2014
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Class Action Design Defect FDA Litigation Medical Device News Pharmaceuticals Product Liability Recalls Regulatory
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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)
9^th 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, 10^th 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
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Class Action Design Defect Litigation Medical Device News Pharmaceuticals Product Liability Regulatory
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Life Science Matters

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…
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January 31, 2014
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Design Defect FDA Litigation Medical Device News Nutritional Supplements Pharmaceuticals Product Liability Regulatory
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Litigation

Byetta Thyroid Cancer Lawsuit Centralization Request Filed with JPML
MDL Arguments Over Centralization of Lipitor Diabetes Cases Postponed
Top DOJ Atty Outline Pharma Fraud Enforcement (subscription required)
Possible Sanctions for Takeda in Actos Bladder Cancer MDL (subscription required)
Hydroxycut False Ad Claims Must Be Clarified, Judge Says (subscription required)
GNC Hit with Suit Claiming Diet Pills Led to Liver Damage (subscription required)
J&J Beats $258M Risperdal Verdict in Split La. High Court (subscription required)
Calif. Court Reverses Preemption of Medtronic

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January 23, 2014
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Class Action Design Defect FDA Litigation Medical Device News Nutritional Supplements Pharmaceuticals Preemption Product Liability Recalls Regulatory Supplements
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Litigation

Pharma Can Be Liable for Design Negligence: Pa. High Court (subscription required)
Pfizer Escapes Whistleblower Suit Over Lipitor Marketing (subscription required)
23andMe Faces Suit Over Recently Banned DNA Tests (subscription required)
Claims and Classes in Medical Monitoring Cases (subscription required)
Boston Scientific Mesh Lawsuit to Move Forward After SOL Challenge
Motion Filed to Centralize OxyElite Pro Lawsuits in MDL
6^th Circuit Revives Mylan Wrongful Death Suit (subscription required)
Jury Clears Abbott In Tainted Formula Injury Suit (subscription required)
Ethicon

Claims Regarding Post-FDA Approval Problems Not Preempted

January 23, 2014
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Design Defect FDA Litigation Medical Device News Preemption Product Liability Recalls Regulatory
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Life Science Matters

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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January 10, 2014
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Class Action Design Defect FDA Litigation Medical Device News Nutritional Supplements Pharmaceuticals Preemption Product Liability Recalls Regulatory Settlements
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Litigation

GSK Blasts Appeal Bid in Pa. Paxil Venue Dispute (subscription required)
Forest Lab’s Lexapro Causes Fatal Birth Defects, Mom Says (subscription required)
Neutrogena Sunblock Label Suit Not Preempted, Judge Says (subscription required)
Laser Hair Removal Linked to Risks, Growing Number of Lawsuits
Fosamax Femur Fracture Lawsuits Continuing, With Several Trials in 2014
J&J Loses Bid to Nix Levaquin Award in 8th Cir. (subscription required)
NY High Court Mulls Test for Recall-Related Damages (subscription required)
Statute of Limitations for Lipitor Diabetes

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Design Defect

Defendants in Mass Tort Pelvic Mesh Lawsuits May Now Succeed With Removal to Federal Court – Non-Diverse Defendant Wins Dismissal

This Week’s Life Science Headlines

This Week’s Life Science Headlines

This Week’s Life Science Headlines

Last Week’s Important Life Science Headlines

Pennsylvania Supreme Court Opens Door for Negligent Design Claims Against Pharmaceutical Manufacturers

This Week’s Science Headlines

This Week’s Life Science Headlines

Claims Regarding Post-FDA Approval Problems Not Preempted

Multicounty Litigation Order in New Jersey Provides No Guidance to Practitioners June 23, 2021

New Multicounty Litigation Application in New Jersey June 8, 2021

Lack of Agreement to Arbitrate Dooms Bid to Compel Arbitration May 26, 2021

Mixed Bag in New Jersey Medical Device Preemption Opinion May 12, 2021

First Circuit Agrees Pharmacists Provide Services, Not Sell Goods April 27, 2021