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The U.S. Court of Appeals for the Third Circuit recently was asked to determine whether “a party seeking a preliminary injunction pursuant to the Lanham Act, is entitled to a presumption of irreparable harm.” Ferring Pharms.. Inc. v. Watson Pharms.. Inc., 2014 U.S. App. LEXIS 16426 at *1 (3d Cir. N.J. Aug. 26, 2014). The Court, departing from the decisions of many federal courts over the years, held that a trademark owner who seeks to…
The litigation against manufacturers of pelvic mesh devices continues to increase nationwide. A pelvic mesh implant is a synthetic material implanted and tied to ligaments or bone to lift and support internal organs. The implants were introduced over a decade ago, and can serve as an alternative to a hysterectomy. Thousands of women, who were allegedly uninformed about the dangers involved with the mesh implants, have since complained of injuries, including severe pain, infections and…
The litigation against manufacturers of pelvic mesh devices continues to increase nationwide. A pelvic mesh implant is a synthetic material implanted and tied to ligaments or bone to lift and support internal organs. The implants were introduced over a decade ago, and can serve as an alternative to a hysterectomy. Thousands of women, who were allegedly uninformed about the dangers involved with the mesh implants, have since complained of injuries, including severe pain, infections and…
Endo International Plc (“Endo”) has agreed to pay $830 million to resolve legal claims from women who allege that they were injured by the company’s transvaginal mesh devices. Endo said the settlement will cover a “substantial majority” of the mesh litigation brought against its American Medical Systems subsidiary.  This settlement comes only one year after Endo agreed to pay $54.5 million to settle an undisclosed number of other mesh cases. If you or…
The dangers associated with Pradaxa use are well known. Since reaching the United States’ market in 2010, Pradaxa has been linked to hundreds of deaths. The Food and Drug Administration (FDA) has received numerous adverse event reports for injuries and complications from Pradaxa use. Physicians and analysts have commented that the health risks associated with Pradaxa are significant. As Forbes reports, the FDA plans to address these lingering concerns. The FDA posted a request for…
As we have previously reported, the United States Judicial Panel on Multidistrict Litigation (JPML) granted multidistrict litigation (MDL) treatment to the incretin mimetic litigation, meaning that all federal lawsuits filed across the United States are now centralized in one judicial district. The incretin mimetic litigation, which includes the medications Byetta, Januvia/Janumet and Victoza, was centralized in the Southern District of California. This consolidation streamlines the pretrial discovery process, allowing the parties to avoid duplicative…
As we have previously reported, DePuy Orthopaedics, Inc. has recalled its ASR hip replacement device. There are thousands of cases pending across the country related to the ASR device. These cases continue to proceed in state and federal courts. The New York Times reports that DePuy Orthopaedics, Inc., a subsidiary of Johnson & Johnson, has agreed to settle the majority of the pending ASR lawsuits. The agreement, if accepted by the court, would be…
As we have previously reported, recent evidence suggests that incretin mimetic medications are linked to pancreatitis and pancreatic cancer. The American Diabetes Association (ADA) has asked all pharmaceutical companies involved in the development or marketing of incretin-based medications to make patient level data on their products available for an independent review. The ADA is concerned with the causal link between these medications, commonly sold as Byetta, Januvia/Janumet and Victoza, and pancreatitis and pancreatic cancer.…