On March 9, 2016, the California Court of Appeals ruled that the plaintiffs’ claims of failure to warn and misrepresentation against Novartis were legally viable. The critical dispute raised by Novartis was that it did not manufacture the prescription medication that allegedly harmed the plaintiffs.
In T. H. v. Novartis Pharms. Corp., No. D067839, 2016 Cal. App. LEXIS 179 (Ct. App. Mar. 9, 2016), two minor plaintiffs alleged that Novartis was liable for neurological injuries they sustained in utero after their mother was prescribed,…
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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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- 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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Litigation
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- High Court Denies Bid to Review Neurontin RICO Rulings (subscription required)
- Merck Settles Fosamax Jaw-Injury Claims for $28M (subscription required)
- Boehringer Fined $1M For Withholding Docs in MDL (subscription required)
- Expert Testimony Must be Backed By Science, Pa. Court Rules (subscription required)
- High Court Passes on Lupron Labeling Suit (subscription required)
- 1st Circ. Ends Takeda FCA Suit But Limits Scope of Ruling (subscription required)
- Medtronic Escapes Jury’s $18M Surgical Fire Verdict (subscription required)
- J&J Keeps Vaginal Mesh Suit Out of
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Litigation
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- Stryker Rejuvenate Lawsuits Filed by Nearly 1,000 Hip Patients Nationwide
- Novartis Can’t Apply NJ Punitives Cap in 3 Zometa Suits (subscription required)
- Pfizer Escapes FCA Suit Over Anti-Fungal Drug Promotions (subscription required)
- Gardasil Lawsuit Filed in France Over Side Effects of HPV Vaccine
- Judge Backs Jury Finding in J&J Body Powder Cancer Suit (subscription required)
- OxyElite Pro Class Action Filed Over False Advertising
- First Zoloft Trial in Federal MDL for Birth Defect Lawsuits to Begin Nov. 2014
- J&J Takes Innovative,
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Litigation
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- Remicade Lawsuit Filed Over Nerve Paralysis, Breathing Problems
- GNC Hit with Suit Linking Supplement to Hepatitis (subscription required)
- J&J to Pay $2.5B to Settle Hip Implant Litigation (subscription required)
- $25M Hydroxycut Settlement Denied in False Ad MDL (subscription required)
- J&J Unit Hit with Suit Over Rheumatoid Arthritis Drug (subscription required)
- AMS Pelvic Organ Prolapse Mesh Lawsuit Set for Trial in August 2014
- 8th Circ. Returns Boston Scientific Mesh Suits to Fed. Court (subscription required)
- 3rd Cir. Affirms Plavix
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Here are some other notable decisions and developments from last week in the Life Science area:
Litigation
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- Lipitor Lawsuit Filings Spike After Renewed MDL Request
- Judge Trims Doc’s $2.2M Indemnity Suit Against Device Maker (subscription required)
- High Court Won’t Hear Novo Foreign Liability Case (subscription required
- Bulky Novartis Eyedrop Boxes Mislead Buyers, Calif. DAs Say (subscription required)
- Transvaginal Mesh Damage Award of $2M Against Bard Upheld
- Bard Pushes For Costs in Dropped Vaginal Mesh Bellweather (subscription required)
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This week, a Florida federal court denied a drug manufacturer’s motion in limine to preclude a plaintiff’s alternative warning theory on the basis that any changes to the label required FDA approval and were preempted. Dopson-Trout v. Novartis Pharma. Corp., 2013 U.S. Dist. LEXIS 135834 (M.D.Fla. Sept. 23, 2013). During her treatment for breast cancer that had metastasized to her bones, the plaintiff was infused with Aredia and then Zometa. She then had her tooth extracted, after which she began experiencing jaw pain caused…
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This past week, an Ohio federal court considered under Daubert the standard by which specific causation experts in drug and device cases are to be scrutinized. While the Court precluded the opinions of certain experts who did not engage in a differential diagnosis analysis before forming specific causation opinions, it stopped short of precluding one expert who engaged in what was essentially an incomplete differential diagnosis analysis, concluding the sufficiency of the analysis goes to the weight of the evidence and not its reliability under…
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A United States District Court Judge, sitting in the Middle District of Florida, has rejected arguments by Novartis Pharmaceutical Corporation (“Novartis”) that federal law would prohibit claims that the company should have added “Black Box” warnings regarding potential side effects of Zometa, including potential bone loss. As a result, plaintiffs will be allowed to proceed with their claims notwithstanding the company’s arguments (1) that all of the failure-to-warn claims were controlled by the Supreme Court’s 2009 decision in Wyeth vs. Levine; and (2) that…
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