Remember Wyeth v. Levine, U.S. Supreme Court decision that held federal approval of labels drug warning labels does not preclude lawsuits under state law claiming inadequate warnings? Well, the government, through the FDA, has now added a final chapter to that story. Facts of Wyeth v. Levine Wyeth v. Levine…
The LifePak CR Plus Automated External Defibrillators manufactured by Physio-Control, Inc. (which is owned by Medtronic), is subject to a Class I recall. These recalls are the most serious and are conducted when there is a reasonable probability that use of the device will cause serious injury or death. The…
Judge Nancy Gertner of the United States District Court of Massachusetts ruled for the Plaintiffs, finding that e-mails about birth defects between GlaxoSmithKline (the Paxil manufacturer) and researchers. The plaintiffs believe that these e-mails will show that GlaxoSmithKline attempted to influence the results, and in fact recommended changes that were…
The jury was finally let go today after deliberating since September 3. The reports from the court have been that the jury was convinced almost from day one that they could not reach an agreement–the judge tried his best, and gave them every opportunity to talk it out. However, today,…
Jurors sent notes to Judge Keenan during their deliberations in the Fosamax bellwether trial, yesterday. The notes referred to a lack of unanimity of the eight jurors and a feeling that they would never reach an agreement. The judge instructed them to keep working. They’ve been deliberating for about 9…
Kugel hernia mesh lawsuits are settling, thanks in part to a change in defense counsel. The products, manufactured by Davol, are defective because the plastic ring can break off, causing perforation and infections. Left untreated, these injuries can be fatal. Davol has since eliminated the use of the plastic rings,…
Shirley Boles, courtesy of Michael Appleton, New York Times The Shirley Boles case went to a jury of three men and five women yesterday afternoon. Attorneys for Ms. Boles, a retired deputy from the Okaloosa County Sheriff’s Office, told jurors that she had to sleep at night with a towel…
Bausch & Lomb has entered into settlements with over 600 claimants over its ReNu with Moistureloc contact lens solution. In those cases, the allegations were that the solution could cause fusarium keratitis, a serious fungal eye infection. We discussed this in our previous blog, Bausch & Lomb Eye Fungus Cases.…
Here’s what the Judicial Panel on Multi-district Litigation has been up to with regard to Reglan/metoclopramide: MDL No. 2049 was denied on June 3, 2009, so for the time being these cases will continue to proceed individually right where they are at. The Panel concluded that there were common factual…
It looks like Eli Lilly, the Defendant in a number of lawsuits brought by state attorneys general, is close to agreeing on a settlement. The lawsuits are premised on Lilly’s marketing of Zyprexa for unapproved uses. The settlement comes on the heels of many other settlements: Settlements with 31,000…