Premature Removals as Underhanded Defendant Tactics

No one can reasonably deny that law often resembles a game of chess, in which the filing of a claim is the opening salvo. However, there is a disturbing new trend that would have Bobby Fischer throwing up his hands in disgust, namely, premature removals of cases from state to federal courts. Some background is



JPML Maintains Narrow Focus of Mirena MDL

The orders from the March JPML panel hearing have been posted, and the JPML issued an order denying a motion by a plaintiff to centralize her case in the Mirena IUD device litigation MDL proceeding in the SDNY.  In its order, the JPML indicated that centralization into the pending MDL was denied because the potential


SCOTUS Denies Cert in Generic Preemption Case

Federal preemption of claims against generic drug manufacturers has prevented (or severely limited) the ability of users of generic drugs from bringing products liability claims premised upon the failure to warn.  Certain state courts have indicated that some state tort law claims may not necessarily be barred by federal preemption, but these “baby steps” potentially



Hepatitis C Drugs Combined with Antiarrhythmic Drug can Cause Serious Slowing of Heart Rate

Patients treating hepatitis C with Harvoni (ledipasvir/sofosbuvir) or Sovaldi (sofosbuvir) in conjunction with another direct acting antiviral such as the investigational drug daclatasvir or Olysio (simeprevir) and also treating arrhythmia with amiodarone are at serious risk of developing symptomatic bradycardia. This dangerous combination has already resulted in one patient death due to cardiac arrest and


Xarelto MDL has first status conference

The first conference in the Xarelto MDL (In Re: Xarelto (Rivoroxaban) Products Liability Litigation, MDL 2592,  proceeding in the Eastern District of Louisiana, before the Hon. Eldon E. Fallon, took place on January 29, 2015.  Judge Fallon, an experienced MDL presiding judge, has already set up a website for the MDL (http://www.laed.uscourts.gov/xarelto), with posts of


Viagra Linked to Melanoma, Study Shows

This year, a team of medical researchers from Harvard Medical School published a study in JAMA that demonstrated men who used Viagra (sildenafil) were more than twice as likely to suffer melanoma as men who never used the drug. Here, we’ll discuss another article from Harvard University that raised concerns similar to those found in


Power Morcellators: FDA Urges More Safety Information

On November 24th, the United States Food and Drug Administration issued a news release suggesting that more safety information be added to the packaging of power morcellators, medical devices used in laparoscopic procedures (minimally-invasive surgeries) such as hysterectomy and myomectomy.  As hysterectomy is the second most common surgery undergone by women, safe medical devices for