Federal law does not preempt a product liability suit alleging that the maker of a generic form of Fosamax failed to update its warning label in conformity with revised brand-name warnings, the California Court of Appeal has ruled in affirming judgment.
A California judge has thrown out a $6.5 million product liability verdict against Takeda Pharmaceuticals, deciding that a key expert witness should not have been allowed to testify that the diabetes drug Actos was the cause of a man’s bladder cancer.
Federal law does not preempt a product liability suit against drug maker PLIVA based on the company’s alleged failure to update its warning label for the generic form of Reglan, the 6th U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
A federal jury has awarded $250,000 to a Florida couple who claimed Novartis Pharmaceuticals failed to adequately warn of the risk of osteonecrosis of the jaw from taking the bone strengthening drug Zometa.
J. Hunter Chiles III will received $200,000 in compensatory damages under a » Continue Reading.
Published: March 1, 2013
Tags: Children’s Motrin, consumer protection, drug litigation, failure to warn, FDA, Food and Drug Administration, Johnson & Johnson, Motrin, preemption, Stevens-Johnson Syndrome, Toxic Epidermal Necrolysis
A Massachusetts jury awarded $63 million to a teenaged girl and her parents after the girl suffered an adverse reaction to Children’s Motrin that left her scarred and blind, with permanent brain and lung damage.
And the award may increase.
Irreconcilable contradictions in expert testimony prevented a product liability plaintiff from establishing that Merck failed to provide adequate warnings with the osteoporosis drug Fosamax, the 2nd Circuit has ruled in affirming judgment.
State law allows the user of a generic drug to sue the maker of the name-brand drug for fraudulent misrepresentation, the Alabama Supreme Court has ruled in answering a certified question from a U.S. District Court.
Federal law does not preempt a state failure-to-warn lawsuit brought by a man who claimed he suffered paralysis as the result of the surgical implantation of a Medtronic pain pump, the en banc 9th Circuit has ruled.
The decision overturns a contrary panel ruling. (See “» Continue Reading.
Monster-brand energy drinks are marketed as being conventional carbonated beverages despite containing “dangerously high” amounts of caffeine, according to a new consumer class action filed in California federal court.
The standards of the federal Vaccine Act applied to bar the wrongful death claims of the parents of a child who died after receiving a measles vaccine made by Merck, the 9th Circuit has ruled in affirming a summary judgment.