Minneapolis-based medical technology company Medtronic, Inc. was recently sued in federal court shortly after announcing a global recall of defibrillator leads.
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Product Liability
Merck to Pay $4.85 Billion in Landmark Pharmaceutical Settlement
By Troutman Pepper Locke on
Posted in Product Liability, United States
In one of the largest civil settlements in U.S. history, Merck & Co., the New Jersey-based manufacturer of the anti-inflammatory drug Vioxx, recently agreed to pay $4.85 billion to end various Vioxx-related claims in which plaintiffs suffered a heart attack, sudden cardiac death, or stroke. …
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Supreme Court Grants Certiorari in Cases Involving FDA Preemption
By Troutman Pepper Locke on
Posted in Product Liability, United States
The Supreme Court recently granted a petition for certiorari to review a Second Circuit decision holding that the FDA approval process does not preempt certain state common law claims.
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Wyeth Vows To Appeal $99 Million Punitive Damages “Aberration” In Nevada Hormone Replacement Case
By Troutman Pepper Locke on
Posted in Product Liability, United States
In the wake of a Nevada jury’s recent $99 million punitive damages judgment against Wyeth Pharmaceuticals Inc., in L. Brocklin v. Wyeth, No. CV04-01701 (October, 15, 2007), Wyeth’s attorneys are vowing to appeal what they are calling an “aberration” in the various hormone replacement cases brought against the Madison, N.J.-based company.
Florida Jury Sides With Merck In The State’s First Vioxx Case To Go To Trial
By Troutman Pepper Locke on
A Florida jury recently returned a verdict in favor of Merck & Co. in the first Vioxx case to go to trial in the state.
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First Circuit: Under Puerto Rico Law, A Plaintiff Must Ordinarily Introduce Expert Testimony Concerning Standard Of Care To Prevail On Defective Or Negligent Design Claim
The United States Court of Appeals for the First Circuit recently held that, where a design is beyond the common experience or knowledge of the average layperson, a defective or negligent design case cannot succeed unless the plaintiff presents evidence “as to the relevant standard of care for the design and the way(s) in which the defendant’s design fell below that standard.”
Rhode Island Proposes That Paint Makers Fund a $2.4 Billion Lead Abatement Plan
By Troutman Pepper Locke on
Following a Rhode Island jury’s verdict in 2006 that three manufacturers of lead paint created a public nuisance when they manufactured and sold the paint, the state’s Attorney General, Patrick C. Lynch, has filed a plan to abate lead in houses and buildings in Rhode Island.
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Hip And Knee Replacement Manufacturers Agree To Pay $310 Million To Avoid Criminal Prosecution And Civil Suits For Alleged Kickback Arrangements With Doctors
By Troutman Pepper Locke on
Christopher Christie, U.S. Attorney for the District of New Jersey, yesterday announced a settlement with four major hip and knee replacement manufacturers that allows the companies to avoid criminal prosecution and civil suits arising from alleged kickback relationships with orthopedic surgeons.
West Virginia’s Recent Rejection of The Learned Intermediary Doctrine In The Pharmaceutical Context May Apply Equally To Medical Device Claims
By Troutman Pepper Locke on
As previously reported here, the Supreme Court of Appeals of West Virginia has specifically declined to adopt the learned intermediary doctrine. Johnson & Johnson Corp. v. Karl, No. 33211 (W.Va. June 27, 2007). The Court reasoned that the healthcare industry has changed and that pharmaceutical manufacturers “are pushing their products onto the public like never before.”
More Than 50 Lawsuits Filed Alleging That Popular Laxative Causes Kidney Failure
By Troutman Pepper Locke on
Posted in Product Liability, United States
A widely used over-the-counter laxative product is one of the latest targets in nationwide medical product liability litigation. According to complaints filed in over 50 lawsuits in at least 20 jurisdictions, C.B. Fleet Company’s Phospho-soda product, used commonly to prepare patients for colonoscopies and surgical procedures, has allegedly caused kidney failure and even death in some cases.
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Read More More Than 50 Lawsuits Filed Alleging That Popular Laxative Causes Kidney Failure