In an October 2018, trial in West Virginia, a federal jury found that Boehringer Ingelheim Pharmaceuticals Inc. was not forthright about the risk of potential bleeding injuries with its drug, Pradaxa (Dabigatran). The jury awarded the plaintiff $250,000 for medical expenses and pain and suffering, as well as $1 million in punitive damages. This was the first trial win for plaintiffs, after the manufacturer had succeeded at three prior trials. Boehringer Ingelheim Pharmaceuticals, Inc. has appealed the verdict.

Continue Reading Pradaxa (Dabigatran) Trials Continue Nationwide

Thousands of individuals have filed Bard mesh lawsuits against Bard and its corporate subsidiary, Davol. The Bard Hernia Mesh litigation, is currently pending in Rhode Island state court, as well as in federal court, in the Southern District of Ohio. The Rhode Island state court litigation began in late 2017, while the federal court litigation in Ohio was only formed in August 2018. Because both litigations are still relatively young, the litigations are expected to continue throughout at least 2019, if not longer.

Continue Reading Bard Hernia Mesh Litigation Update

As we have previously reported, safety concerns regarding incretin mimetics (such as Byetta, Januvia/Janumet and Victoza), led to more than a thousand lawsuits being filed across the country. Reports suggest that people taking the medications for the treatment of Type 2 diabetes may be at an increased risk of developing pancreatic cancer.

Continue Reading Drugmakers React to Reinstatement of Incretin Mimetics Cases

On October 3, 2018, the New Jersey Supreme Court made its long-awaited decision in the Accutane Multicounty Litigation. Developed by the New Jersey-based pharmaceutical giant Hoffman-La Roche, Accutane is a prescription acne treatment that has been found to be linked to inflammatory bowel disease.

Numerous plaintiffs filed lawsuits in New Jersey, essentially claiming that, based upon the drug maker’s own internal documents, Accutane’s warnings should have been stronger in stating that Accutane has been found to directly cause inflammatory bowel disease. A Multicounty Litigation was formed, which encompassed 532 plaintiffs – of which 18 were New Jersey residents, and 514 were residents of 44 different jurisdictions other than New Jersey.

Continue Reading The New Jersey Supreme Court’s Latest Decision Affecting Pharmaceutical Multicounty Litigation

The U.S. Food and Drug Administration (FDA) has banned all imports of drugs and drug products from Zhejiang Huahai Pharmaceutical, which manufactured valsartan, a high blood pressure medication that had a possible carcinogenic impurity.

In July 2018, the FDA and European Medicines Agency (EMA) supported a voluntary recall of lots of the generic blood pressure drug valsartan after it was discovered that the drugs were tainted with N-nitrosodimethylamine, or NDMA, which is an impurity that is considered a possible carcinogen by the U.S. Environmental Protection Agency (EPA). NDMA can be unintentionally introduced into manufacturing through certain chemical reactions.

Continue Reading FDA Bans Zhejiang Huahai Pharmaceutical Import as Valsartan Recall Continues

A recent class action was filed in New York against the companies responsible for distributing or selling drugs containing tainted valsartan. The lawsuit, brought by a woman and her husband, alleges negligence, fraud, and manufacturing a defective product, among other claims. It is expected that personal injury claims may soon follow.

Continue Reading Valsartan Class Action Filed

In May 2018, Judge M. Casey Rogers, who is overseeing the federal Abilify litigation, entered an Order to establish the “initial parameters by which the global mediation of this matter will proceed.” The parties were given 120 days (from May 1, 2018 until September 1, 2018) to finalize the framework for a mediation process. A Special Master has been appointed to assist the parties with the process.

Meanwhile, in tandem with the potential mediation process, the parties are also moving forward with the selection of a second round of bellwether cases to work up for trial in the federal litigation.

Accordingly, the Court will randomly select 100 cases by July 6, 2018. From there, the pool will be further narrowed to 40 individuals, claiming either Bipolar Disorder or Major Depressive Disorder/Depression as the diagnosis leading to their Abilify prescription and “Gambling” as an obsessive/compulsive/impulsive behavior they claim was caused by Abilify. Once the pool is reduced to 40 cases, the parties will engage in a discovery process to further reduce the pool to 10 cases by the end of 2018.

The Court is currently leaning towards the possibility of consolidating some of the cases for trial.

Visit our site for more information about the Abilify lawsuit and settlement options.

It has been alleged that Gilead Sciences, an HIV drugmaker, purposefully delayed the introduction of safer, life-saving medications in order to increase profits.

In 2001, Gilead received approval for the sale of HIV drugs containing the compound, tenofovir disoproxil fumarate (TDF). Unfortunately, TDF medications have been linked to severe kidney and bone injuries. However, numerous lawsuits, including one filed by the AIDS Healthcare Foundation, have alleged that Gilead had, in fact, developed a much safer HIV treatment compound, tenofovir alafemanide fumarate (TAF).

Continue Reading Gilead Facing Multiple Claims of Purposefully Delaying Safer HIV Drug Alternatives

There is a pending application in the Hernia Mesh litigation in New Jersey state court to have the litigation designated as a multicounty litigation (MCL). An MCL would permit centralized management of all related cases filed throughout New Jersey.

The MCL parameters proposed by the application would encompass all cases related sixty-two cases currently pending in Bergen County, New Jersey, involving one or more “Multi-Layered Hernia Mesh” products manufactured by Defendants, Ethicon and Johnson & Johnson. The Multi-Layered Hernia Mesh products that Plaintiffs claim to be defective and seek to be part of the MCL include: Physiomesh Flexible Composite, Proceed Surgical Mesh, Proceed Ventral Patch, Prolene 3D Polypropylene Patch, and Prolene Hernia System. The application further requests that the cases be assigned to Judge Rachelle L. Harz, in Bergen County, New Jersey.

There is already a multidistrict litigation (MDL), involving cases from various states and districts across the United States, designated for the centralized management of Physiomesh products and related cases. The MDL has been pending in the United States District Court, Northern District of Georgia, since June 2017, before Judge Richard W. Story. Accordingly, if the MCL application is granted, the MCL and MDL will likely not address completely parallel claims, but there will be extensive overlap.

Visit our site for more information about the Hernia Mesh lawsuit and settlement options.

This month, the New Jersey Supreme Court designated the Abilify litigation in New Jersey a multicounty litigation (MCL). The Notice and Order can be found here:

Though Bergen County Superior Court Judge James DeLuca had been overseeing all of the Abilify cases filed in New Jersey, those cases will now be transferred to Atlantic County Superior Court for centralized management by Judge Nelson C. Johnson. Accordingly, all future Abilify complaints filed in New Jersey Superior Court, no matter where they might be venued, shall be filed in Atlantic County. While Judge Johnson will oversee management and trial issues for the New Jersey Abilify MCL cases, he may, in his discretion, return the cases to the original county of venue for disposition.

The MCL will be litigated in parallel with the multidistrict litigation (MDL) that has been pending in the United States District Court for the Northern District of Florida, before Judge M. Casey Rodgers, since October 2016. Plaintiffs are cautiously optimistic about the MCL designation and the latest developments in the MDL, including Defendants recently settling the three cases set for initial trials this summer in the MDL, for undisclosed amounts (such representative cases that are worked up for trial are known as “bellwether” cases).

Visit our site for more information about the Abilify lawsuit and settlement options.