New Jersey best place for suit over Rain-X washer fluid, Illinois federal judge says

From Westlaw Journal Products Liability:

A prospective class-action suit claiming Rain-X windshield washer fluid damages automotive electronics belongs in New Jersey federal court, a Chicago federal judge ruled Dec. 4.

U.S. District Judge John J. Tharp Jr. of the Northern District of Illinois granted a motion by defendants Illinois Tool Works Inc. and South/Win Ltd. to transfer David Tawil’s case to New Jersey.

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Supreme Court denies Covidien plea to restore $176 million infringement award

From Westlaw Journal Medical Devices:

The U.S. Supreme Court has rejected an appeal seeking to restore a $176 million patent infringement award for Covidien LP in a dispute with Ethicon Inc. over ultrasonic surgical cutting tool technology.

The high court denied review of a U.S. Court of Appeals for the Federal Circuit decision reversing a lower court’s finding in the case. U.S. District Judge Janet B. Arterton of the District of Connecticut had decided that Ethicon infringed three patents held by Covidien and predecessor companies regarding the use of ultrasonic energy to cut and seal blood vessels during surgery.

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Oklahoma hip implant patient has negligence claim lopped from suit

From Westlaw Journal Medical Devices:

An Oklahoma federal judge has dismissed a negligence per se claim against Zimmer Inc. brought by a hip implant recipient, finding the man lacked sufficient allegations to state a valid claim.

Chief U.S. District Judge Vicki Miles-LaGrange of the Western District of Oklahoma ruled that Jack Mahon’s amended complaint offered only conclusory allegations to support his claim that Zimmer violated federal standards in making the M/L taper hip prosthesis he had implanted in 2010. She allowed the plaintiff’s product liability claim to move forward.

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Contraceptive packaging goof put users at risk of pregnancy, Pennsylvania suit says

From Westlaw Journal Products Liability:

A Pennsylvania state court negligence suit claims that 113 women in 28 states were put at risk of pregnancy by a packaging error that arranged birth control pills from four drug companies in reverse order of when they should have been taken.

The suit seeks damages from manufacturers Vintage Pharmaceuticals LLC, Endo Pharmaceuticals Inc., Endo Health Solutions Inc. and Patheon Inc. on claims that each used insufficient quality control measures in manufacturing and packaging the drugs.

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Surgical robot maker fails to have California man’s injury suit declared untimely

From Westlaw Journal Medical Devices:

Intuitive Surgical Inc. has failed to convince a California federal judge that a negligence suit over its da Vinci surgical robot should be dismissed because it was filed after the state’s two-year limitations period for personal injury claims expired.

U.S. District Judge Ronald M. Whyte of the Northern District of California denied the company’s motion to dismiss the suit Gerald Darringer brought against it. Darringer says he suffered injuries when the company’s da Vinci surgical robot was used to operate on him in 2012.

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Louisiana federal judge retains jurisdiction over DePuy knee implant suit

From Westlaw Journal Expert and Scientific Evidence:

A woman’s suit alleging she was implanted with a defective prosthetic knee and DePuy Orthopaedics bone cement will remain before a Louisiana federal judge, who says the plaintiff lacks a viable claim against the in-state medical device distributor she named as a co-defendant.

U.S. District Judge Eldon E. Fallon of the Eastern District of Louisiana denied plaintiff Cynthia Brown’s motion to remand her suit to state court, noting that distributor Mark Starring & Associates Inc. had no duty under state law to warn her of possible defects in the cement or accompanying prosthetic knee.

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$37 million verdict against Medtronic affirmed for Utah spinal device inventor

From Westlaw Journal Medical Devices:

A Utah federal judge has denied Medtronic Sofamor Danek’s post-trial motion for judgment as a matter of law in a case that led to a $37 million award for an orthopedic surgeon who said the company licensed his scoliosis treatment device in order to block competition for its own similar products.

U.S. District Judge Robert J. Shelby of the U.S. District Court for the District of Utah said he saw no evidence to justify disturbing the January 2014 jury verdict favoring Dr. John T. Braun on claims for breach of the implied covenant of good faith, fraudulent inducement and trade secret misappropriation. The judge also did not take issue with the decision to award Braun punitive damages.

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Ethicon power morcellator suits consolidated in Kansas federal court

From Westlaw Journal Products Liability:

A federal judicial panel has consolidated all pretrial proceedings for suits over injuries allegedly caused by Ethicon Inc. power morcellator devices before a federal judge in Kansas City, Kan.

The Judicial Panel on Multidistrict Litigation ordered the centralization of 15 suits from 13 districts before U.S. District Judge Kathryn H. Vratil on Oct. 15. It said the U.S. District Court for the District of Kansas offers a venue that is “centrally located and easily accessible for all parties” in the cases against the Johnson & Johnson subsidiary.

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Judge halts sale of unapproved medical laser devices

From Westlaw Journal Medical Devices:

A federal judge has permanently barred a South Dakota company from selling laser-based medical devices that government officials say are falsely touted as treatments for illnesses including cancer, diabetes and AIDS.

U.S. District Judge Jeffrey L. Viken of the District of South Dakota on Oct. 13 granted the U.S. Food and Drug Administration’s motion for a permanent injunction against Robert L. Lytle, doing business as 2035 Inc. and QLasers PMA, following a March trial on the agency’s charges that they have been making and selling various devices for 14 years without FDA approval and while using false advertising claims.

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Surgical robot maker, California man battle over injury suit

From Westlaw Journal Medical Devices: While a California man maintains his product liability suit involving Intuitive Surgical Inc.’s da Vinci surgical robot was timely filed, the company has told a California federal judge dismissal is warranted because the plaintiff has failed three times to explain why he didn’t sue within two years, as state law requires.

In the suit, filed in January in the U.S. District Court for the Northern District of California, Gerald Darringer says he suffered vascular injuries, transected veins and shock from bleeding after undergoing a laparoscopic left pyeloplasty using a da Vinci surgical robot Feb. 16, 2012.  The operation clears blockages that slow urine flow from the kidneys.

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