Product Liability

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Last week Bayer HealthCare LLC (Bayer) agreed to pay $97.5 million plus interest to the federal government to settle allegations that Bayer paid kickbacks to diabetes supplies companies and caused such companies to submit false claims to Medicare. 

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Read More Bayer Agrees to Pay Federal Government $97.5 Million to Settle Allegations of Paying Kickbacks to Diabetes Supplies Companies

A California state appellate court recently ruled that a name-brand pharmaceutical manufacturer’s common-law duty of care in formulating product warnings extends to patients whose doctors foreseeably rely on such product information when prescribing a medication, even if the prescription is ultimately filled with a generic equivalent. 

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Read More California State Appeals Court Holds that Brand-Name Pharmaceutical Manufacturers’ Duty to Use Due Care in Disseminating Product Warnings Extends to Patients Using Generic Equivalents

A federal district court in Pennsylvania recently held that two insurers are not obligated to contribute to the defense and indemnification of an insured sued for selling contaminated milk. …
Read More Federal Court Finds No Duty to Defend Against Claims of Fraudulent Reselling of Contaminated Milk

Since January 2008, Merck and Co., Inc. (“Merck”) and its joint venture partner, Schering-Plough, Corp. (“Schering-Plough”) have been under investigation for their marketing of the cholesterol lowering drug Vytorin.  Last week, Merck announced in its third quarter Form 10-Q that it received notice of further investigations and additional lawsuits, including an investigation by the U.S. Department of Justice (“DOJ”). 

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Read More Merck Discloses Additional Vytorin Investigations and Lawsuits

On November 5, 2008, a jury in the Suffolk County Superior Court in Massachusetts reportedly awarded a $9.4 million verdict to the family of a woman who had received experimental cancer treatment at the Dana-Farber Cancer Institute.  After interest, the award to the family of the decedent reportedly totaled approximately $13.5 million. …
Read More Report: Massachusetts Jury Awards $13.5 Million for Wrongful Death Allegedly Arising from Experimental Cancer Treatment

On November 3, 2008, the U.S. Supreme Court heard oral arguments in Wyeth v. Levine.  This case involves the question whether the Food and Drug Administration’s (“FDA”) regulation of prescription drug labeling pursuant to Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. (“FDCA”) preempts state common law tort claims. 

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Read More Supreme Court Hears Arguments in Wyeth v. Levine Drug Labeling Preemption Case

The Consumer Product Safety Improvement Act of 2008 was signed into law August 14, 2008. It greatly expands the powers of the Consumer Product Safety Commission (CPSC) to protect the public from harmful products. …
Read More New Federal Consumer Protection Law Requires Certifications and Testing, Lowers Limits on Lead and Phthalates in Toys and Children’s Products, Increases Fines, Penalties and Enforcement Powers of CPSC

On October 23, 2008, Pfizer announced that it had reached a $60 million settlement with regulators from 33 states and the District of Columbia regarding allegations that it promoted painkillers Celebrex and Bextra for “off-label” uses not approved by the United States Food & Drug Administration. …
Read More Pfizer Reaches a $60 Million Settlement with State Regulators over Alleged Off-Label Marketing

On 26 June 2008 we reported that the Scottish Parliament had proposed a bill to reinstate compensation for individuals who have pleural plaques, thereby reversing in Scotland the effect of the House of Lord’s decision in Johnston v NEI International Combustion. The Justice Committee of the Scottish Parliament have now issued their report regarding the Bill. …
Read More UK: Further Support for Scottish Pleural Plaques Bill