Supplement maker agrees to recall, destroy product

From Westlaw Journal Pharmaceutical: Nutritional supplement maker Triceutical Inc. must recall and destroy all dietary supplements it has produced since February 2012 under a consent decree entered by a New York federal judge.

The agreement is the latest development in an investigation that dates to May 2012, when the Food and Drug Administration found various regulatory violations at the company’s Farmingdale, N.Y., production facility.

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Defect and warning claims to proceed in bone-cement suit

From Westlaw Journal Medical Devices: DePuy Orthopaedics Inc. must face state-law claims for defect and inadequate warning by a woman who had corrective surgery after the bone cement used during her knee replacement failed, a Cincinnati federal judge has ruled.

U.S. District Judge Michael R. Barrett of the Southern District of Ohio rejected all of DePuy’s arguments in support of its motion to dismiss Myrtle Thompson’s suit, including its claim that she had not pleaded enough details to make her allegations plausible.

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8th Circuit restores suit over tainted baby formula

From Westlaw Journal Products Liability: The 8th U.S. Circuit Court of Appeals has revived a product liability suit alleging bacteria-tainted Enfamil baby formula severely damaged an infant’s brain.

The appeals court panel ruled that the trial judge abused her discretion by excluding expert testimony from three physicians because they could not rule out other possible sources for the boy’s infection.

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Covidien seeks to halt sale of ‘infringing’ Ethicon surgical tool

From Westlaw Journal Medical Devices: Covidien has filed suit in a Connecticut federal court to halt the sale of a new ultrasonic surgical tool by Ethicon Endo-Surgery Inc., which Covidien says infringes the patents on its similar implements.

In a complaint filed in the U.S. District Court for the District of Connecticut, Covidien Sales LLC and corporate relative Covidien LP say Ethicon debuted its Harmonic ACE+7 Shears with Advanced Hemostasis at a May medical conference.

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Testosterone replacement therapy suits consolidated in Chicago

From Westlaw Journal Pharmaceutical:  A federal judge in Chicago will oversee consolidated pretrial proceedings for suits claiming testosterone replacement therapy products increase users’ risk of strokes and heart attacks.

In an order issued June 6, the Judicial Panel on Multidistrict Litigation assigned 45 testosterone replacement therapy cases to U.S. District Judge Matthew F. Kennelly of the Northern District of Illinois.  Of the cases filed to date, 37 are already in that court, it noted.

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Suit over leaky breast implants is preempted, judge finds

From Westlaw Journal Medical Devices:  Mentor Worldwide LLC has won dismissal of a lawsuit accusing it of negligently providing a California woman with saline breast implants that leaked, causing a mycobacterial infection.

U.S. District Judge Jeffrey S. White of the Northern District of California dismissed Edna Malonzo’s product liability suit May 28, agreeing with Mentor that the Medical Device Amendments to the federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301, preempt all her claims.

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Philly law firm sanctioned in surgical-mesh MDL case

From Westlaw Journal Medical Devices: A West Virginia federal judge has imposed sanctions on a Philadelphia law firm for continuing to remove transvaginal-mesh injury suits from a Pennsylvania state court to his multidistrict litigation despite his earlier findings that the removals are “unjustifiable.”

In a May 13 ruling, U.S. District Judge Joseph R. Goodwin of the Southern District of West Virginia, who oversees the 55,000-case MDL, said Drinker Biddle & Wreath had ignored multiple decisions ordering the firm not to try removing any more mesh suits against its client Ethicon Women’s Health & Urology.

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Vibram to pay $3.75 million to settle class action over ‘toed’ running shoes

From Westlaw Journal Products Liability: Shoe maker Vibram USA has agreed to pay $3.75 million to settle a national class action accusing it of fooling consumers into buying its FiveFinger running shoes with unsubstantiated physical-fitness claims.

Attorneys for Vibram USA and the plaintiff class submitted a proposed settlement plan May 12 to U.S. District Judge Douglas P. Woodlock of the District of Massachusetts.  Depending on the number of claims filed, the agreement could result in payments of $20 to $50 to owners of the glove-like running shoes with separate sockets for each toe.

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Johnson & Johnson hides baby powder’s link to cancer, suit says

From Westlaw Journal Pharmaceutical  Johnson & Johnson has been named in a California woman’s proposed statewide class-action suit for allegedly failing to warn consumers that its classic baby powder is a likely cause of ovarian cancer.

Mona Estrada says the company has touted Johnson’s Baby Powder as “safe, gentle and mild” but has known for decades that it poses a high risk of ovarian cancer among women who use it on their genitals.

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C.R. Bard’s internal report off-limits to Pennsylvania vein-filter plaintiff

From Westlaw Journal Medical Devices:  A Pennsylvania woman cannot use a C.R. Bard Inc. internal report on problems with its G2 model inferior vena cava filter even though the company’s lawyers accidentally produced the document to plaintiffs in similar personal injury suits over the device, a Philadelphia federal judge has ruled.

U.S. District Judge Lawrence F. Stengel of the Eastern District of Pennsylvania excluded the report April 24, finding that the document, which Bard’s lawyers generated after the company began receiving failure complaints about the G2 IVC filter, is protected work product under Federal Rule of Civil Procedure 26(b)(3).

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