Litigation

Pharma Opioid Suits Casting a Wider Net

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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Judicial Call for More Guidance on Punitive Damages Awards

Lisa M. Robinson and H. Lockwood Miller III

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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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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Lisa M. Robinson

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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This Week’s Life Science Headlines

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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Life Science Matters

Litigation

This Week’s Life Science Headlines

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

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

This Week’s Life Science Headlines

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

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

Pennsylvania Supreme Court Holds Plaintiffs May Assert Negligent Design Claims Against Drug Companies

February 27, 2014
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Duty to Warn Labeling Litigation Pharmaceutical/Medical Device/Biotechnology Warnings/Instructions
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Matthew R. Shindell

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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