Chicago DePuy Hip Trial Jury Rules in Favor of Johnson & Johnson and DePuy
In delivering their verdict on March 16, a jury in the Chicago DePuy Hip trial ruled in Johnson & Johnson and DePuy’s favor. In an article from the New York Times, the jury released a verdict stating that neither Johnson & Johnson nor DePuy engaged in a misleading marketing campaign to promote the metal-on-metal hip implant. In contrast to the Chicago DePuy Hip trial, in the first DePuy ASR Hip lawsuit to go to trial in California, the plaintiff Loren Kransky was awarded a compensatory award of $8.3 million. Continue Reading
Bayer Loses Yaz Patent in Federal Court of Appeals: Generic Yaz Versions Begin (Stealing) Marketshare
Bayer was recently dealt a setback in a Federal Court of Appeals in Washington. Their patent on Yaz, a contraceptive pill, was deemed to no longer be worthy of patent protection. Bayer’s patent on Yaz expires in June 2014. As a result of this ruling, Actavis Inc. and Novartis AG can sell generic versions of the birth control pill. Though the ruling now gives other pharmaceutical companies the ability to legally compete against Bayer in the drospirenone contraceptive pill market, generic and inexpensive versions of Yaz-like drugs are driving Continue Reading
Carey Danis & Lowe Pelvic Mesh Lawyers Weigh in on Ethicon MDL 2327 and Gynecare Prolift Mesh Lawsuit Removal Request
Published April 25, 2013 by PR Web St. Louis, Missouri (PRWEB) April 25, 2013 Pelvic mesh lawyers at Carey Danis & Lowe continue to follow Ethicon MDL 2327 proceedings currently taking place in the U.S. District Court for the Southern District of West Virginia, as the law firm represents women who have been injured by defective pelvic mesh. A recent update in the Ethicon MDL involves a pretrial order issued by Chief Judge Robert C. Chambers and U.S. District Judge Joseph R. Goodwin. The order pertains to the judge responsible for Continue Reading
Flores v. Ethicon: Transvaginal Mesh Trial Memorandum Opinion & Order
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION DAWN FLORES, et al., Plaintiffs, v. CIVIL ACTION NO. 2:12-cv-01804 ETHICON, INC., et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is the plaintiffs’ Motion to Remand [Docket 13]. The plaintiffs also seek sanctions. For the reasons discussed below, the motion to remand and the request for sanctions are DENIED. I. Background This case is one of several thousand assigned to me by the Judicial Panel on Multidistrict Litigation (hereinafter the “MDL Continue Reading
DePuy ASR Trial Strum v. DePuy Hears Testimony from Orthopedic Surgeon Involved in DePuy ASR Hip Design
In the latest news to come out of the a DePuy ASR trial being heard in a Chicago court, an orthopedic surgeon, who assisted DePuy in developing the DePuy ASR Hip implant, provided testimony on April 2. In his testimony, Thomas P. Schmalzried claimed that DePuy’s design process was complete, yet if given the choice to use the DePuy ASR Hip implant today, Schmalzried admitted he would refuse, according to an article by Law 360. In fact, as an orthopedic surgeon, Schmalzried conceded that it has been a long Continue Reading
USA Today Editorial Decries Johnson & Johnson and DePuy for Failure to Properly Address Defective DePuy ASR Hip Implant
Submit Your Claim A recent USA Today editorial piece published on March 24 takes the position that Johnson & Johnson and DePuy mismanaged the development and marketing efforts behind their DePuy ASR Hip Replacement system. Stemming from our own investigation into the DePuy ASR Hip implant, lawyers at Carey Danis & Lowe agree that neither Johnson & Johnson nor their subsidiary, DePuy, correctly addressed any of the warning signs. According to the USA Today opinion piece, Johnson & Johnson and DePuy ignored red flags, and as a result, did Continue Reading
Discussions Underway in Forming Mirena MDL: Bayer Opposes Consolidating into Mirena MDL
Submit Your Claim A U.S. Judicial Panel on Multi-district Litigation (JPML) met on March 21 in San Diego, California to discuss the consolidation of Mirena IUD lawsuits into a multi-district litigation (MDL). Bayer, the manufacturer of the Mirena intrauterine device (IUD), has expressed a strong opposition against consolidation of lawsuits into an MDL. The German pharmaceutical company opposes the formation of a Mirena MDL, which the Judicial Panel is calling In re: Mirena IUD Products Liablity Litigation, MDL No. 2434, because Bayer believes that a Mirena MDL would stall Continue Reading
DePuy President Testifies in Strum v. DePuy: DePuy Defense Asserts DePuy ASR Hip Recall about Revision Rates not Defective Product
Submit Your Claim DePuy President, Andrew Ekdahl, delivered testimony during day three of Strum v. DePuy, a case being heard in a Chicago state court. The DePuy ASR Hip lawsuit involves Carol Strum, whose lawsuit against DePuy is the second of 10,750 DePuy ASR Hip lawsuit to go to trial. According to Ekdahl, DePuy initiated the DePuy ASR Hip recall due to the high rates of revision associated with the metal-on-metal hip implant. However, according to a Businessweek article about the Chicago case, the medical device manufacturer’s defense attorney, Continue Reading
FDA Sends Stryker Warning Letter about Negligent Business Practices
Submit Your Claim According to a Reuters report published on March 12, the U.S. Food and Drug Administration (FDA) has sent Stryker a warning letter about its business practices and its marketing strategy. The letter follows a visit by the FDA to a Styrker plant in November 2012. The FDA visited a Stryker plant in Portage, Michigan to conduct an inspection, and discovered that Stryker, the manufacturer of orthopedic implants, had been marketing implants without FDA approval. Furthermore, Stryker had also recalled one of their products without communicating this Continue Reading
Second DePuy ASR Hip Trial Begins in Chicago Court
Submit Your Claim On the heels of Johnson & Johnson’s loss in a California Superior Court case regarding their DePuy ASR Hip implant, the second DePuy ASR Hip lawsuit started on March 11 in the Circuit Court of Cook County in Chicago, Illinois. The case is Strum v. DePuy, and involves the plaintiff, Carol Strum, a 54 year old nurse and Illinois resident. After receiving a DePuy ASR Hip implant, Strum claims that her implant proved defective after only three years. Strum’s case is the second DePuy ASR Hip Continue Reading
