Mass Torts Law Blog

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…
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…
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.…
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…
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…
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.…
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…
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…
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 &…
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: https://www.njcourts.gov/notices/2018/n180510b.pdf. 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…