Contraceptive Makers Lose Motion to Apply New Jersey Law to Dismiss Punitive Damages Claims in Mass Tort Litigation

A state judge in New Jersey recently rejected a motion for partial summary judgment of two pharmaceutical companies to dismiss punitive damages claims, filed in nine bellwether cases in the NuvaRing mass tort litigation involving injuries allegedly caused by the contraceptive. Roughly 200 cases were filed over allegedly harmful side effects caused by use of the contraceptive, which is inserted vaginally and releases doses of the hormones estrogen and progestin. Merck and Organon USA Inc.  asserted that the New Jersey Product Liability Act exclusion of…
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Treating Physicians’ Right to Disagree With Their Patients

A recent appellate decision allowed defendants’ retention of experts who previously treated one or more of the hundreds of plaintiffs claiming damages in the pelvic mesh litigation against Johnson & Johnson. The decision in In Re Pelvic Mesh/Gynecare Litigation   should have a positive impact for the defense of mass litigation as well as the development of treating physician fact witness testimony in “ordinary” personal injury and products liability cases.  The Appellate Division rejected plaintiffs’ argument that treating physicians have a broad duty to “refuse affirmative…
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