On Friday, August 18, 2017, a federal jury in Mississippi rendered a defense verdict in favor of Janssen Pharmaceuticals, Inc. and Bayer HealthCare Pharmaceuticals, Inc. in a bellwether trial involving the prescription blood thinner Xarelto. The plaintiff alleged Xarelto caused gastrointestinal bleeding resulting in her hospitalization. Federal District Court Judge Eldon E. Fallon presided over the case. Notwithstanding the claims and evidence presented by the plaintiff, a jury returned what is now the third straight defense verdict for Janssen and Bayer in several bellwether trials…
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Litigation
Under both federal and state law, it is unlawful to advertise if the advertisement tends to mislead or deceive. States have enacted consumer protection laws to enforce and regulate such deceptive practices. In New York, under General Business Law §349, deceptive acts or practices in the conduct of any business, trade, or commerce, or in the furnishing of any service in the state, is declared unlawful. Over the years, the Federal Trade Commission has prosecuted many businesses accused of engaging in false and deceptive advertising.…
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Earlier this year, in a bellwether trial in the Actos multidistrict litigation, a Louisiana federal court jury awarded $9 billion in punitive damages to plaintiffs who claimed that the use of the diabetes drug Actos caused bladder cancer. Not surprisingly, post-trial challenges followed. In particular, while the defendants did not challenge the amount of compensatory damages ($1,475,000), they argued that the award of punitive damages had to be reduced in order to comply with previous United States Supreme Court rulings that established limits on punitive…
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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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Litigation
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- Accutane Bowel Disease Lawsuit Results in $1.5M Verdict in Retrial
- AndroGel Stroke Lawsuit Filed Over Testosterone Gel Side Effects
- GranuFlo and NaturaLyte Use Identification Process Outlined By Judge
- Actos Trial Underway in Las Vegas Over Bladder Cancer in Two Users
- Benicar Lawsuit Filed Over Chronic Diarrhea, Intestinal Problems
- J&J Unit Hit With $3M Jury Verdict in Topamax Row (subscription required)
- Roche Defends Accutane Against New Evidence in NJ Retrial (subscription required)
- Zyprexa Fines Irrelevant in Actos Trial, Eli Lilly Says
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Litigation
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- 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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Litigation
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- 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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The Pennsylvania Supreme Court in Lance v. Wyeth (2014 Pa.LEXIS 205) recently ruled that pharmaceutical companies can be held liable for negligent design, testing, marketing, and distribution of drugs regulated by the FDA. This decision alters the landscape of Pennsylvania law because pharmaceutical companies previously succeeded in having similar claims dismissed based upon the learned intermediary doctrine. Under this doctrine, the manufacturer of prescription medications discharges its duty to warn users of the risks associated with its products by warning the prescribing physician of…
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Litigation
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- 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
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Litigation
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- Mich. Drug Companies Now Less Immune Under Tort Reform (subscription required)
- 9th Circ. To Reconsider Its Remand of Teva Painkiller Suit (subscription required)
- Medtronic Tells 10th Circ. Bone Device Suit is Preempted (subscription required)
- Unilever to Pay $10M Over Hair Loss Tied to Suave Product (subscription required)
- Expert Testimony Barred in Denture-Adhesive Mass Tort (subscription required)
- Roche Looks to Sink $2M Accutane Verdict on Appeal (subscription required)
- Pfizer Says 2nd Circ. Can’t Review Lipitor FCA Suit (subscription
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