Mealey's Drugs & Devices
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January 15, 2026
GLP-1 Compounding Pharmacy Says Lilly, Novo Nordisk Violated Antitrust Laws
SAN ANTONIO — Manufacturers of glucagon-like peptide-1 receptor agonist (GLP-1 RA) medications approved by the U.S. Food and Drug Administration violated antitrust laws by unlawfully monopolizing the market and by entering into unlawful exclusive agreements with telehealth providers, a compounding pharmacy alleges in a complaint filed Jan. 14 in a Texas federal court.
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January 15, 2026
Bard Port Catheter MDL Limits Causation Testimony From Manufacturers’ Expert
PHOENIX — The Arizona federal judge overseeing the multidistrict litigation involving C.R. Bard Inc.’s implanted port catheter (IPC) device limited testimony from an expert retained by the manufacturers of the device, finding that his opinions relating to causation are not based on sufficient facts or a reliable methodology.
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January 13, 2026
Paragard MDL Judge Denies Interlocutory Appeal Motion In Preemption Ruling
ATLANTA — The Georgia federal judge overseeing the Paragard intrauterine device (IUD) multidistrict litigation on Jan. 12 denied a motion by the device manufacturer to certify an order for interlocutory appeal to the 11th Circuit U.S. Court of Appeals of a ruling that found that information can retroactively apply as newly acquired information under the U.S. Food and Drug Administration’s changes-being-effected (CBE) regulation.
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January 13, 2026
High Court Won’t Hear Case Debating Stay For Remanded California Opioid Case
WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 12 denied a petition for a writ of certiorari filed by pharmacy benefit managers (PBMs) that argued that the Ninth Circuit U.S. Court of Appeals erred in finding that a remand order in an opioid public nuisance case filed by California is not subject to an automatic stay under the federal officer removal statute.
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January 12, 2026
U.S. Supreme Court Asks Solicitor General To Weigh In On Compounding Drug Case
WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 12 asked the Office of the U.S. Solicitor General to state the government’s position on a petition for a writ of certiorari that the court is considering 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.
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January 09, 2026
Man Seeking To Add COVID Vaccine To Vaccine Injury Table Appeals Standing Ruling
WASHINGTON, D.C. — A man who sought an order forcing the U.S. Department of Health and Human Services to add the COVID-19 vaccine to the Vaccine Injury Table (VIT) so he could be compensated by the National Vaccine Injury Compensation Program (VICP) filed a notice of appeal to the District of Columbia Circuit U.S. Court of Appeals on Jan. 8 after a District of Columbia federal judge granted the government’s motion to dismiss for lack of standing, having found that an act of Congress was a necessary step to adding a vaccine to the VIT.
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January 08, 2026
Firms Seek To Consolidate Glucose Monitoring Device Cases, Be Named Lead Counsel
SAN DIEGO — Counsel who say they represent 21 out of the 25 plaintiffs named across four cases, who allege that Dexcom Inc. misled users of its glucose monitoring systems by representing the device to be safe and accurate while it knew that the devices were defective and prone to dangerous alert failures, asked a California federal court to consolidate the cases and name the two firms as interim co-lead counsel.
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January 08, 2026
Estate Of Woman Who Died Of Breast Cancer Sues Makers Of Risperdal In Federal Court
SAN FRANCISCO — The estate of a woman who died of breast cancer filed a wrongful death suit in a California federal court against the manufacturers of Risperdal and its generic forms, alleging that the companies knew that the use of its prescription medications increased the risk of cancer and failed to warn patients or their health care providers.
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January 08, 2026
Mass Tort Cases For Drugs, Medical Devices
New developments in the following mass tort drug and device cases are marked in boldface type.
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January 07, 2026
Teva Partially Granted Summary Judgment In Paragard Bellwether Case
ATLANTA — The Georgia federal judge overseeing the Paragard intrauterine device (IUD) multidistrict litigation agreed to trim some claims against Teva Pharmaceuticals USA Inc. asserted by a bellwether plaintiff, finding that the woman failed to adequately plead her fraud, breach-of-warranty and gross negligence claims.
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January 07, 2026
Amicus Filers Support Drugmakers’ Petition For Review Of Class Certification Case
WASHINGTON, D.C. — A pair of organizations representing business and biopharmaceutical research interests urged the U.S. Supreme Court to grant a petition for a writ of certiorari filed by two drug makers to resolve “an important, recurring question concerning courts’ authority to deviate from” the requirements under Federal Rule of Civil Procedure 23(b)(3) in a putative class action.
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January 07, 2026
Law Professor Talks About Need For MDL Reform And Her New Book
Elizabeth Chamblee Burch, the Fuller E. Callaway Chair of Law at the University of Georgia School of Law, has spent the last 20 years studying mass torts, class actions and civil procedure. She has published more than 40 articles and essays in law journals and regularly speaks on legal topics at research institutions across the United States.
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January 07, 2026
California Federal Judge Dismisses Vaccine Case For Lack Of Standing
LOS ANGELES — A woman who alleges that she was given an unsafe vaccine while pregnant saw her case dismissed by a federal judge in California, who ruled that her amended complaint failed to state a claim to establish standing.
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January 06, 2026
JPMDL To Mull Whether To Centralize Faulty Toe Joint Implant Cases
WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) will hear arguments on Jan. 29 in a San Diego courtroom on whether cases alleging that a synthetic cartilage implant device used to treat arthritis in a toe joint was defective should be centralized as a multidistrict litigation and on who should oversee the case.
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January 06, 2026
Florida Federal Judge Tosses Bair Hugger Case For No Substitution, Notice Of Death
TAMPA, Fla. — A Florida federal judge dismissed a case that was transferred from the Bair Hugger multidistrict litigation for failure to comply with a pretrial order requiring that a plaintiff be substituted within 90 days after the death of the original plaintiff.
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January 05, 2026
Judge Denies Motion To Dismiss Filed By Company That Sells Compounded Semaglutide
NEWARK, N.J. — An aesthetic medical practice facing allegations that it improperly marketed and sold compounded drug products that purport to contain semaglutide lost its bid to dismiss a complaint filed by the manufacturer of Ozempic, Wegovy and Rybelsus, with a New Jersey federal judge finding that the manufacturer has standing and stated a claim and that the allegations are not preempted by federal law.
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January 05, 2026
Woman Sues Dupixent Makers, Alleges Use Caused Her Cancer Diagnosis
ATLANTA — A woman claims in a complaint filed in a federal court in Georgia that she was diagnosed with cutaneous T-cell lymphoma (CTCL), a rare type of cancer that affects white blood cells called T cells, or T lymphocytes, that was caused and exacerbated by her use of Dupixent, a prescription medication used for the treatment of asthma and inflammatory skin conditions.
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January 05, 2026
Philadelphia Joins MDL Over Insulin Pricing Scheme
NEWARK, N.J. — In a complaint filed directly in the multidistrict litigation over the pricing of insulin pending in a New Jersey federal court, Philadelphia sued the manufacturers of insulin and a group of pharmacy benefit managers (PBM) that the city says colluded to increase the price of insulin.
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January 02, 2026
Judge Says Part Of Defamation Allegations Stemming From Lilly’s Complaint Survive
INDIANAPOLIS — An Indiana federal judge on Dec. 31 ruled that part of a counterclaim filed by a weight loss clinic alleging that Eli Lilly and Co., which manufactures diet drugs Mounjaro and Zepbound, defamed the company in its complaint for trademark infringement can move forward.
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December 26, 2025
CPAP MDL Judge Remands Failure-To-Warn Case To California State Court
PITTSBURGH — The Pennsylvania federal judge who oversees the multidistrict litigation involving the recall of approximately 10.8 million continuous positive air pressure (CPAP) sleep apnea devices ruled that a woman’s doctor was not fraudulently misjoined, granted a motion to remand the case to a California state court and denied a motion to sever the claims against the doctor.
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December 23, 2025
9th Circuit Won’t Reconsider Theranos’ Balwani’s Appeal Of Fraud Conviction
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Dec. 22 said it won’t reconsider its order finding that allegations that the government failed to correct false testimony during a criminal trial do not warrant a new trial for former Theranos Chief Operating Officer Ramesh “Sunny” Balwani, denying his petition for rehearing or a rehearing en banc.
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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.
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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.
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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.
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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.