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Mealey's Drugs & Devices

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.