Mealey's Drugs & Devices

  • June 18, 2026

    Mochi Moves To Dismiss, Says Lilly Does Not Allege Facts For Conspiracy Claims

    SAN FRANCISCO — A telehealth company and a pharmacy that sell a compounded version of tirzepatide, a U.S. Food and Drug Administration-approved drug for diabetes and weight loss, argue in a “targeted and limited” motion to dismiss a second amended complaint filed by Eli Lilly & Co. that the California federal court should dismiss the conspiracy claims.

  • June 18, 2026

    Judge Remands Wrongful Death Case, Says $75,000 Threshold Needs To Be Examined

    LOS ANGELES — A California federal judge remanded a wrongful death case involving a child and an alleged faulty tracheostomy tube sua sponte after finding that the device manufacturer had not shown that the amount in controversy exceeds $75,000 and “respectfully encourage[d] Congress to reconsider the amount in controversy minimum.”

  • June 18, 2026

    Judge Dismisses Defective Femoral Nail Case For Failure To State Claim

    ORLANDO, Fla. — A man who alleges that a femoral nail product broke after it was placed in his knee must amend his complaint to identify the specific product that he claims was defectively designed, a Florida federal judge ruled in granting a motion to dismiss without prejudice.

  • June 17, 2026

    Albertsons Appeals No Coverage Ruling For Opioid Liability Suits

    DOVER, Del. — Grocery store chain Albertsons filed a notice of appeal asking the Delaware Supreme Court to review a lower court’s holding that its commercial general liability insurers have no duty to defend and indemnify against underlying lawsuits seeking to hold it liable for damages arising from the opioid epidemic.

  • June 16, 2026

    Judge Dismisses Parent Companies But Says Opioid Case Against PBMs Can Move Forward

    JACKSON, Miss. — A Mississippi federal judge agreed to dismiss nine entities from a lawsuit filed by Mississippi that alleges that various pharmacy benefit managers (PBMs) and their parent companies contributed to the opioid epidemic in the state, finding that “the state has not explained how each Defendant’s actions contributed to the injury in Mississippi.”

  • June 16, 2026

    Lilly, Medical Centers File Stipulation Of Dismissal In Compounded Drug Row

    SEATTLE — Eli Lilly and Co., two medical centers and two of their physicians who prescribe patients compounded versions of tirzepatide, a U.S. Food and Drug Administration-approved drug for diabetes and weight loss, on June 15 filed a joint stipulation of  dismissal after a Washington federal judge again refused to approve a sealed consent judgment and settlement agreement.

  • June 16, 2026

    Embryo Storage Lab Appeals No Coverage Ruling In Dispute Over Consumer Fraud Claims

    CHICAGO — An embryo storage lab said June 15 that it is appealing an Illinois federal court’s ruling that an underlying class action alleging that it engaged in false and deceptive advertising and failed to fully disclose the accuracy of preimplantation genetic testing does not trigger medical professional liability or commercial general liability coverage, challenging the court’s grant of the insurer’s motion for judgment on the pleadings in its action seeking a declaration that it has no duty to defend or indemnify.

  • June 12, 2026

    Dietary Supplement Company Sued Over ‘Nature’s Ozempic’ Weight Loss Claims

    LOS ANGELES — A dietary supplement company markets a product as a “natural” alternative or equivalent to prescription diabetes and diet drugs “hoping to cash in on the synthetic GLP-1 agonist craze and swindle Americans, including Californians, into buying its Product,” a woman alleges in a putative class action filed in a California federal court that asserts claims for violation of California’s unfair competition law (UCL) and other laws.

  • June 12, 2026

    11th Circuit Certifies Question To 2 State High Courts In Opioid Coverage Disputes

    ATLANTA — Ruling on two appeals challenging lower federal courts’ rulings in favor of insurers in coverage disputes arising from the opioid epidemic, the 11th Circuit U.S. Court of Appeals on June 11 certified a question asking the Georgia and Florida supreme courts to decide whether the insurance policies at issue require the insurers to defend and/or indemnify their insureds against the underlying opioid lawsuits.

  • June 12, 2026

    Paragard MDL Judge Certifies Interlocutory Appeal In ‘Newly Acquired’ Data Dispute

    ATLANTA —The federal judge overseeing the Paragard intrauterine device (IUD) multidistrict litigation revised and certified a question to the 11th Circuit U.S. Court of Appeals for interlocutory appeal for guidance on what information can retroactively apply as newly acquired information under the U.S. Food and Drug Administration’s changes-being-effected (CBE) regulation.

  • June 12, 2026

    Judge Dismisses Claims Of Plaintiffs Who Reached Agreement In BioZorb Litigation

    BOSTON — The federal judge in Massachusetts overseeing a group of cases in which women allege that an implanted radiographic marker used to mark soft tissue sites during cancer treatment was defective and caused injuries dismissed a series of cases with prejudice after a settlement agreement was executed.

  • June 12, 2026

    Woman Sues Manufacturer, Says Endoscope Was Defectively Designed And Caused Death

    SEATTLE — An endoscope used in a medical procedure was defectively designed because it cannot be adequately cleaned and disinfected between patients, even when health care providers follow the manufacturer’s reprocessing instructions, a widow contends in a product liability and wrongful death complaint filed in a Washington federal court.

  • June 11, 2026

    Judge Won’t Sign Consent Decree Between Lilly, Medical Centers In Trademark Dispute

    SEATTLE — Eli Lilly and Co., two medical centers and two of their physicians who prescribe patients compounded versions of tirzepatide, a U.S. Food and Drug Administration-approved drug for diabetes and weight loss, filed a joint notice that a sealed consent judgment and settlement agreement will be withdrawn after a Washington federal judge again refused to sign off on their agreement.

  • June 09, 2026

    Cases Alleging Dupixent Causes Rare Cancer Centralized In N.J. Federal Court

    WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) centralized cases alleging that Dupixent, a prescription medication used for the treatment of asthma and inflammatory skin conditions, causes cutaneous T-cell lymphoma (CTCL), a rare type of cancer that affects white blood cells called T cells or T lymphocytes.

  • June 09, 2026

    JPMDL Limits Scope Of Spinal Cord Stimulator MDL, Centralizes Cases In California

    WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) centralized all pending cases against Boston Scientific Corp. brought by individuals who allege that they were injured by defective spinal cord stimulators but refused to expand the scope of the MDL to include claims against other manufacturers.

  • June 04, 2026

    Children Exposed To Opioids In Utero Ask For Sanctions Against McKinsey

    SAN FRANCISCO — Children who were exposed to opioids in utero tell a California federal court that McKinsey & Co. “should be sanctioned with the harshest of sanctions available” for destroying “documents, cell phones, computers, and laptops, despite its knowledge that legal actions were pending against” the consulting company’s client Purdue Pharma LP, the maker of OxyContin.

  • June 04, 2026

    Mass Tort Cases For Drugs, Medical Devices

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

  • June 03, 2026

    Covidien MDL Judge Largely Denies Summary Judgment In 1st Bellwether Case

    BOSTON — The federal judge overseeing the multidistrict litigation involving Covidien hernia mesh on June 2 largely denied a motion for summary judgment filed by the manufacturers, allowing the claims of the first bellwether plaintiff to move forward.

  • June 03, 2026

    Compounding Pharmacy: Government’s Position Heightens Need For High Court Review

    WASHINGTON, D.C. — The federal government’s response to a petition for a writ of certiorari on whether state unfair competition laws are preempted by federal law in cases accusing compounding pharmacies of marketing drugs without premarket approval by the U.S. Food and Drug Administration “underscores the need for this Court’s review,” a compounding pharmacy tells the U.S. Supreme Court in a June 2 supplemental brief.

  • June 02, 2026

    Firm, Partner Will Donate $50,000 As Sanction In Acetaminophen Autism/ADHD MDL

    NEW YORK — Keller Postman LLC and Ashley C. Keller, plaintiffs’ co-lead counsel in the acetaminophen autism spectrum disorder-attention deficit hyperactivity disorder (ASD-ADHD) multidistrict litigation, on June 1 conditionally agreed to donate $50,000 to March of Dimes instead of paying attorney fees as a sanction for failing to comply with a protective order in the MDL.

  • June 02, 2026

    11th Circuit Won’t Block Joint Hearings For Expert Challenges In Depo-Provera Cases

    ATLANTA — Joint hearings on the admissibility of expert witnesses in cases alleging that Depo-Provera, a long-lasting injectable contraceptive, caused women to develop intracranial meningiomas, a type of brain tumor, that are pending in state courts and a federal multidistrict litigation in Florida will proceed after the 11th Circuit U.S. Court of Appeals on June 1 denied a petition for writ of mandamus filed by claimants with cases pending in a Delaware state court.

  • June 01, 2026

    N.J. Supreme Court Remands Defective Eye Treatment Case For Expert Consideration

    NEWARK, N.J.  — The New Jersey Supreme Court found that under In re Accutane Litigation, “any dispute about the reliability of expert testimony in a civil case [must] be resolved by the trial court, acting as gatekeeper” and remanded a case to a lower court to determine the admissibility of experts retained by a woman who alleges that she was left partially blind after the use of a defective pharmaceutical product.

  • May 29, 2026

    Judge Grants Directed Verdict For Pharmacies In Opioid Case Brought By Hospitals

    FORT LAUDERDALE, Fla. — Florida hospitals accusing pharmacies of contributing to the opioid crisis through their company policies cannot satisfy Florida's anti-racketeering law proximate cause requirement because their alleged injuries “are purely contingent on harm to” opioid use disorder patients, a Florida state judge held in granting a motion for a directed verdict.

  • May 29, 2026

    Defendants Move To Dismiss Michigan’s Opioid Distribution Case Against PBMs

    DETROIT — Michigan courts have rejected the legal theories used by the state attorney general in her suit alleging that two of the nation’s largest pharmacy benefit managers (PBMs) violated the state’s public nuisance laws by contributing to the oversupply of opioids, the PBMs say in motions asking a Michigan federal court to dismiss the case.

  • May 28, 2026

    Defective Spinal Cord Device Case Survives Motion To Dismiss In Md. Federal Court

    BALTIMORE — A Maryland federal judge largely denied a motion to dismiss an amended complaint alleging injuries from a defective spinal cord stimulation (SCS) device, rejecting arguments from the manufacturer that the claims are preempted by federal law.