Missouri suit accusing Pfizer’s Lipitor of causing diabetes remanded to state court

From Westlaw Journal Pharmaceutical:  A product liability suit by 89 consumers who blame Pfizer Inc.’s blockbuster cholesterol drug Lipitor for their diabetes belongs in state court because some of the plaintiffs are from the same state as the company, a federal judge has decided.

U.S. District Judge Carol E. Jackson of the Eastern District of Missouri granted the plaintiffs’ remand motion March 26, rejecting Pfizer’s argument that the federal court should dismiss from the suit New York and Delaware plaintiffs who nominally defeat diversity.  Without those two plaintiffs, there is federal jurisdiction, the company unsuccessfully claimed.

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CertainTeed pays $104 million to settle claims over flawed siding

From Westlaw Journal Products Liability:  CertainTeed Corp. will pay $104 million to settle class claims that its WeatherBoards fiber cement siding line was defective and resulted in premature cracking, warping and shrinkage.

The settlement was approved by U.S. District Judge Thomas N. O’Neill Jr. of the Eastern District of Pennsylvania, who has led a Philadelphia-based multidistrict litigation proceeding over the product failure claims since 2011.

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Woman died of cancer spread by surgical tool, husband says

From Westlaw Journal Medical Devices: A man has filed a negligence and wrongful-death lawsuit in Pennsylvania federal court, alleging his wife died of a rare uterine cancer spread by a surgical tool used during her 2012 hysterectomy.

Scott Burkhart says his late wife, Donna, had “no evidence of disseminated or metastatic cancer” before her March 2012 procedure at a Reading, Pa., hospital but was diagnosed with leiomyosarcoma, an aggressive uterine cancer, just nine days later.  She died of metastatic leiomyosarcoma in February 2013, the complaint says.

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Abbott’s AndroGel caused life-threatening blood clots, suit says

Abbott Labs’ blockbuster testosterone drug AndroGel caused a retired policeman to develop blood clots that blocked his pulmonary arteries, according to a Chicago federal court lawsuit.

In a suit filed Feb. 10 in the U.S. District Court for the Northern District of Illinois, Roger Gibby says that after using the medication, he was hospitalized last September with multiple blood clots in his lungs and legs.

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Pennsylvania man can replead warranty, contract claims over penile prosthesis

Although dismissing a plaintiff’s claims of negligence, strict product liability and implied warranty against penile prosthesis maker Coloplast Corp., a Philadelphia federal judge says the man may replead his claims for breach of contract and express warranty.

U.S. District Judge Mary A. McLaughlin of the Eastern District of Pennsylvania ruled that most of John Starks’ claims over the alleged failure of his Titan OTR inflatable penile implant are either federally preempted or invalid due to lack of supporting data.

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Toys “R” Us sued by parents of toddler blinded by toy stroller

The parents of a 14-month-old Florida girl are seeking $260 million in damages from Toys R Us over an incident in which their daughter was blinded in one eye after being pierced by an unshielded metal rod jutting from a toy stroller.

Plaintiffs Danitza and Mark Matthews say their daughter was permanently injured in May 2010 when she fell on a Toys R Us “You & Me” doll stroller.

The complaint, filed in the U.S. District Court for the Southern District of New York, identifies the toddler only as “E.M.M.”

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Dozens of da Vinci surgical robot patients allege injury

Intuitive Surgical Inc. faces a joint Illinois state court negligence and fraud suit by 182 plaintiffs who say they were injured during operations performed by the company’s da Vinci robotic surgical system.

The plaintiffs, who hail from across the nation, say their cases share common questions of law and arise from the same general set of facts.  Among their allegations are that Intuitive Surgical Inc. and its Intuitive Surgical Operations Inc. subsidiary underreported da Vinci-related adverse events to the Food and Drug Administration, failed to properly train surgeons on its use, and falsely claimed that patients having da Vinci operations “heal faster, suffer fewer complications, enjoy better outcomes, and experience less scarring and pain.” (more…)

Louisiana high court voids $258 million verdict for state in Risperdal marketing suit

The Louisiana Supreme Court has overturned a $258 million verdict for the state of Louisiana in a suit claiming Janssen Pharmaceutica Inc. caused unwarranted expenditures of public health funds by downplaying to doctors the risks of its antipsychotic drug Risperdal.

The divided court found that Louisiana Attorney General James Caldwell had not provided the evidence required to support his claim that Janssen and parent Johnson & Johnson Corp. violated Louisiana’s Medical Assistance Programs Integrity Law, La. Rev. Stat. Ann. § 46.437.1, in marketing the drug.

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Johnson and Johnson dismissed from suit over Synthes bone plate failure

A West Virginia federal judge has dismissed Johnson & Johnson from a negligence suit over a failed Synthes bone plate, holding that the plaintiff lacks evidence that J&J is the medical device manufacturer’s corporate alter ego.

U.S. District Judge Irene C. Berger of the Southern District of West Virginia issued the ruling in a suit filed last year by Linda O’Bryan.  The plaintiff seeks damages from J&J and Synthes Inc. for the alleged failure of a surgical plate implanted to repair her broken right leg.

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California McDonald’s customer sues over spilt coffee

McDonald’s and a California franchisee are facing a lawsuit filed by a woman who says she was injured when the lid on her hot coffee popped off at a drive-thru window, spilling the beverage over her.

In the suit, filed in the Los Angeles County Superior Court, plaintiff Paulette Carr says someone at the Van Nuys restaurant did not attach the coffee cup lid securely.

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