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Mealey's Drugs & Devices

  • December 18, 2025

    W.Va. Federal Judge Modifies Deadlines For Discovery Order in Opioid Case

    WHEELING, W.Va. — A West Virginia federal judge refused to issue an emergency stay of the court’s order that compelled a pharmacy benefits manager (PBM) to release nationwide prescription and remuneration data but modified the order after a hearing on two motions filed by the PBM, which is facing allegations that its actions contributed to an “oversupply” of prescription opioids throughout West Virginia.

  • December 18, 2025

    Mass Tort Cases For Drugs, Medical Devices

    New developments in the following mass tort drug and device cases are marked in boldface type.

  • December 18, 2025

    Conn. Judge Grants Summary Judgment To Filshie Clip Maker In Consolidated Case

    WATERBURY, Conn. — A group of women who saw their claims against the manufacturer of a defective birth control device that they allege caused injuries dismissed by a Utah state court were unable to fend off summary judgment in a Connecticut court after a judge there found that the claims are barred by res judicata.

  • December 18, 2025

    Dismissal Of Suit Against Walmart Alleging Benzene In Acne Products Recommended

    SACRAMENTO, Calif. — A federal magistrate judge has recommended that a California federal court grant a motion to dismiss a complaint filed by consumers who allege that they would not have purchased benzoyl peroxide (BPO) products from Walmart if they had been adequately warned about the presence of benzene.

  • December 17, 2025

    Judge Dismisses Some Claims Against Compounding Pharmacy In Tirzepatide Dispute

    HOUSTON — A Texas federal judge on Dec. 16 ruled that claims under certain states’ unfair competition laws are dismissed in a suit filed by Eli Lilly and Co. against a nationwide pharmacy that dispenses compounded tirzepatide products.

  • December 17, 2025

    Third-Party Defendants Get Summary Judgment In Alleged Toxic Embryo Solution Case

    DES MOINES, Iowa — An Iowa federal judge dismissed a third-party complaint filed by the manufacturer of a solution used during fertility-related treatments that a couple claims was toxic and destroyed a developing embryo after finding that the court lacks personal jurisdiction.

  • December 17, 2025

    Man Sues Spinal Implant Maker, Says Defect Led To ‘Catastrophic’ Injury

    WILMINGTON, Del. — A 30-year-old U.S. Marine Corps veteran who says he was rendered quadriplegic after sustaining a spinal cord injury when a defective spinal implant device allegedly failed sued the manufacturer in a Delaware state court.

  • December 16, 2025

    JPMDL Creates Separate Track For GLP-1 Eye Injury Cases In Pa. Federal Court

    WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation on Dec. 15 agreed to centralize cases alleging that the use of glucagon-like peptide-I receptor agonist (GLP-1 RA) medications caused permanent vision loss in the U.S. District Court for the Eastern District of Pennsylvania but found that the cases should be separated from cases in an MDL alleging gastrointestinal injuries.

  • December 15, 2025

    FDA Says No Error In Agency’s Decision To Remove Tirzepatide From Shortage List

    NEW ORLEANS — Companies representing the interests of drug compounders “offer no sound reason to second-guess FDA’s reasonable determination” that the shortage of tirzepatide, an FDA-approved drug for diabetes and weight loss, had ended when it removed the drug from the agency’s drug shortage list, the Food and Drug Administration tells the Fifth Circuit U.S. Court of Appeals in a Dec. 12 brief, urging the appellate court to uphold a grant of summary judgment.

  • December 12, 2025

    Florida, Texas Sue FDA, Others, Say Mifepristone Approval, Expansion Violated Law

    WICHITA FALLS, Texas — Florida and Texas have sued the U.S. Food and Drug Administration, the U.S. Department of Health and Human Services and their officials in a Texas federal court, alleging that the agencies lacked the legal authority in 2000 to approve mifepristone, one of two drugs used to induce early termination of pregnancy, and also challenging subsequent approvals, including allowing the drug to be mailed.

  • December 11, 2025

    Man Sues Dupixent Makers, Says Drug Caused Him To Develop Rare Cancer

    NEWARK, N.J. — A man who alleges that his use of Dupixent, a prescription medication used for the treatment of asthma and inflammatory skin conditions, caused him to develop cutaneous T-cell lymphoma (CTCL), a rare type of cancer that affects white blood cells called T cells, or T lymphocytes, sued the manufacturers in a New Jersey federal court.

  • December 10, 2025

    Nevada Federal Judge Finds Man’s Claims Against Trifecta Heart Valve Maker Preempted

    LAS VEGAS — A man failed to allege in his complaint against the manufacturer of an implantable medical device for the heart how the device or the company deviated from requirements set by the U.S. Food and Drug Administration, a Nevada federal judge said in finding that the claims are preempted by federal law.

  • December 10, 2025

    Mistrial Declared In Florida Hospitals’ Suit Against CVS, Others For Opioid Crisis

    FORT LAUDERDALE, Fla. — A Florida state judge declared a mistrial after jurors indicated that they could not reach a unanimous verdict after deliberating for weeks in a case brought by Florida hospitals accusing pharmacies of contributing to the opioid crisis through their company policies.

  • December 10, 2025

    Drug Manufacturer Agrees To $1.89M Settlement To End Claims In Losartan MDL

    CAMDEN, N.J. — A manufacturer of losartan products has agreed to pay $1,899,000 to settle claims brought against it by consumers and third-party payers (TPPs) who allege in a multidistrict litigation in a New Jersey federal court that the blood pressure medication was contaminated, according to a motion for preliminary approval of the settlement agreement.

  • December 09, 2025

    W.Va. Federal Judge Schedules Hearing To Consider Discovery Order in Opioid Case

    WHEELING, W.Va. — A West Virginia federal judge on Dec. 9 scheduled a hearing to consider two motions filed by a pharmacy benefits manager (PBM) facing allegations that its actions contributed to an “oversupply” of prescription opioids throughout West Virginia, asking the court to reconsider and issue an emergency stay of the court’s order that compelled the PBM to release nationwide prescription and remuneration data.

  • December 08, 2025

    Judge: Second Amended Complaint Cures Deficiencies Found In Previous Complaint

    LOS ANGELES — A second amended complaint filed by a woman who alleges that a defective medical device failed during surgery “added allegations to sufficiently rectify” deficiencies identified by a California federal judge in his previous ruling dismissing the complaint, he said in denying manufacturers’ motion to dismiss.

  • December 08, 2025

    Federal Magistrate Judge Recommends Final Judgment For Lilly In Trademark Dispute

    TAMPA, Fla. — A federal magistrate judge recommended that a Florida federal court grant Eli Lilly & Co.’s motion for a default final judgment after finding that a cosmetic weight loss center likely infringed on trademarks held by the company while selling a compounded version of tirzepatide.

  • December 04, 2025

    7th Circuit Won’t Stay Mandate In Medicare Drug Rebate False Claims Case

    CHICAGO — Arguments from Eli Lilly & Co. that the U.S. Supreme Court is likely to decide whether the Seventh Circuit U.S. Court of Appeals erred in affirming a final judgment of $193 million for reporting falsely deflated drug prices to the government were unpersuasive, the Seventh Circuit said in denying Lilly’s motion to stay the court’s mandate.

  • December 04, 2025

    Depo-Provera MDL Judge Orders Causation Experts Disclosed By Jan. 1

    PENSACOLA, Fla. — The Florida federal judge overseeing the Depo-Provera multidistrict litigation, a group of cases alleging that a long-lasting injectable contraceptive caused women to develop intracranial meningiomas, a type of brain tumor, amended the discovery and briefing order for the five pilot cases, ordering the plaintiffs to disclose their general causation experts by Jan. 1.

  • December 04, 2025

    Texas Sues Over Plavix Marketing; Companies Say Suit Is ‘Stale And Opportunistic’

    Bristol Myers Squibb Co. (BMS) and Sanofi-Aventis US LLC responded to a complaint filed by Texas alleging that the pharmaceutical companies violated state law by falsely marketing the antiplatelet drug Plavix as effective without disclosing a genetic contraindication by petitioning another state court for declaratory and injunctive relief.

  • December 04, 2025

    Claims Against CooperSurgical Trimmed In Bellwether Paragard IUD Cases

    ATLANTA — The Georgia federal judge overseeing the Paragard intrauterine device (IUD) multidistrict litigation partially granted CooperSurgical Inc.’s motion for summary judgment, finding that the company had no control over the design of the IUD during the time period that the three bellwether plaintiffs allege that they underwent a procedure to implant the device, but the judge deferred ruling on the failure-to-warn claims until after supplemental briefing on causation is submitted.

  • December 04, 2025

    Federal Judge Finds Pharmacy Not Fraudulently Joined, Remands 2 Risperdal Cases

    SAN FRANCISCO — A group of drugmakers failed to show that two women who allege that prescription medications caused them to develop breast cancer could not possibly recover damages against a California company, a California federal judge held, granting the women’s motions to remand.

  • December 04, 2025

    Mass Tort Cases For Drugs, Medical Devices

    New developments in the following mass tort drug and device cases are marked in boldface type.

  • December 03, 2025

    Sanofi Loses Bid To End Taxotere Eye Injury MDL Claims On Preemption Grounds

    NEW ORLEANS — The manufacturer of a chemotherapy drug that allegedly caused eye injuries had “newly acquired information” about the risk and could have changed its label under the U.S. Food and Drug Administration’s changes-being-effected (CBE) regulation, the Louisiana federal judge overseeing multidistrict litigation ruled, denying a motion by the drugmaker for summary judgment on preemption grounds.

  • December 03, 2025

    Drugmakers Urge High Court Review Of Class Certification Case, Cite Circuit Split

    WASHINGTON, D.C. — A decision by the Ninth Circuit U.S. Court of Appeals that found no error in the certification of a national third-party payer (TPP) class of entities that paid for the diabetes drug Actos, despite the court recognizing that there is no way to calculate the number of class members that were not harmed, should be reviewed by the U.S. Supreme Court to resolve a circuit split on when a court may certify the class action pursuant to Federal Rule of Civil Procedure 23(b)(3), two drug companies argue in a petition for a writ of certiorari.