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attorneys 621 articles

DePuy hit with $247M verdict over faulty metal hip implants

Johnson & Johnson and its subsidiary DePuy Orthopaedics Inc., were hit with a combined $247 million verdict in the latest bellwether involving DePuy’s Pinnacle metal-on-metal hip implants. The ruling was the third nine-figure verdict in the multidistrict litigation alleging design and manufacturing defects with the implants that caused patient harm, Law360 reported. The Texas federal jury awarded $90 million in punitive damages against Johnson & Johnson. DePuy was slapped with $78 million in punitive damages. The six individual plaintiffs received more than $77 million for past and future medical expenses as well as pain and suffering. Four of the plaintiffs’ ... Read More

Auxilium escapes verdict in testosterone side effects trial

Auxilium Pharmaceuticals Inc., maker of the testosterone replacement therapy Testim, escaped a verdict in the first bellwether trial blaming Testim for a man’s heart attack. This marks the first victory in multidistrict litigation (MDL) over testosterone side effects that names several testosterone manufacturers. The first two bellwether trials were against AbbVie Inc., makers of AndroGel, and resulted in combined $290 million in verdicts. The seven-day trial focused on the case of Steve Holtsclaw, who claimed he was prescribed Testim after complaining to his doctor about chronic fatigue. Months after treatment, Holtsclaw suffered a heart attack. He since learned that studies ... Read More

Hip implant jury won’t hear witness tampering claims

U.S. District Judge Ed Kinkeade refused to allow jurors in a trial over alleged defective hip implants manufactured by Johnson & Johnson’s DePuy Orthopaedics to hear testimony related to alleged witness tampering involving communication between a DePuy attorney and a company pharmaceutical sales representative. The ruling comes after an investigation by the FBI and the U.S. Attorney’s Office into allegations that DePuy sales representative Glenn Swajger influenced David Shein, a surgeon who had treated three of the six plaintiffs, when the two conversed just days before Shein was to testify for the plaintiffs. Swajger agreed to be questioned by the ... Read More

Alabama Jury Awards Army Vet $7.5 Million For Walmart Injury

Walmart representatives say the retail giant intends to appeal a $7.5 million jury award to an Alabama man whose foot became stuck in a wooden pallet at a Phenix City Walmart store, causing him to shatter his foot and hip. Henry Walker, a 59-year-old Army veteran, sued Walmart after the accident, claiming it robbed him of his ability to participate in and enjoy everyday activities. On June 25, 2015, Mr. Walker was getting a watermelon from a bin at Walmart when his foot became trapped in the pallet below. Not realizing his foot was in between the slats of the ... Read More

Judge orders deposition of Xarelto sales rep

A sales representatives for Janssen Pharmaceuticals Inc., a subsidiary of Johnson & Johnson, were ordered to undergo a midtrial deposition by a Pennsylvania state judge to determine whether she tried to sway a doctor’s testimony in an upcoming trial alleging Janssen’s blood thinner Xarelto caused a man’s internal bleeding. Attorneys for plaintiff Lynn Hartman asked the judge for the deposition after they became suspicious over the timing of the drug rep’s visit to the doctor before his deposition in April, and the fact that Janssen failed to disclose the contact until just weeks before the trial was to begin on ... Read More

Opening arguments begin in latest testosterone trial

The Food and Drug Administration (FDA) repeatedly rejected Auxilium Pharmaceuticals Inc.’s requests to expand the indication of its testosterone replacement therapy Testim to include age-related drops in testosterone, yet the drug company continued to market its product for age-related symptoms, attorneys for Steve Holtsclaw said during opening arguments. As a result, Holtsclaw trusted the product was safe, but realized the error of his ways when he suffered a heart attack seven months after starting the hormone therapy. Holtsclaw’s lawsuit is the first bellwether to reach trial against Auxilium in a multidistrict litigation that names numerous manufacturers of testosterone treatments. Two ... Read More

Xarelto trial delayed over possible witness tampering

Opening statements in the first Xarelto side effects bellwether trial to be heard in the Philadelphia Court of Common Pleas were set to begin Monday, but were delayed due to a tussle between parties over the significance of a meeting between the plaintiff’s treating physician and a sales representative for Johnson & Johnson’s subsidiary Janssen Pharmaceuticals, maker of Xarelto. Janssen’s attorneys said the meeting was a routine call between a drug rep and a doctor. But the plaintiff’s attorneys said it smelled more like the events that occurred with a witness in a bellwether trial involving DePuy Orthopedics’ hip implant, ... Read More

Plaintiffs in ovarian cancer talc cases are still fighting

In August the first California jury to hear a talc ovarian cancer case awarded now-deceased plaintiff Eva Echeverria a staggering $417 million, $110 million more than all four of the previous Missouri verdicts combined. The jury found that Johnson and Johnson’s talc-containing products contributed to the development of Echeverria’s ovarian cancer and the company should have warned her and other consumers of its products’ risks. They backed up this conclusion with $347 million in punitive damages. However, on Oct. 20, Los Angeles Superior Court Judge Maren E. Nelson overturned the verdict, granting Johnson and Johnson’s motion for judgment notwithstanding the ... Read More

Insys founder arrested, charged with racketeering, fraud

The founder and chairman of a pharmaceutical company accused of using unscrupulous practices to push sales of its highly addictive cancer treatment to patients without cancer was arrested and charged with racketeering and fraud. John Kapoor joins six other Insys Therapeutics Inc. officials who have been charged in a scheme to bribe medical professionals to prescribe Subsys, a highly potent, fentanyl-based spray only intended for breakthrough pain in cancer patients. Kapoor is scheduled to appear in a Massachusetts federal court on Nov. 16. “In the midst of a nationwide opioid epidemic that has reached crisis proportions, Mr. Kapoor and his ... Read More

J&J betrayed trust, talc contains asbestos, jury told

The first talc mesothelioma case against Johnson and Johnson and Imerys is being tried again in Pasadena, California. A retrial began nine days after a mistrial was declared when plaintiff Tina Herford mentioned talc’s alleged link to ovarian cancer in her testimony on day two. Since 2016 there have been six completed trials against Johnson and Johnson and Imerys centering on allegations that talc itself is carcinogenic and responsible for contributing the the development of women’s ovarian cancer. Five of the six juries in those cases found in favor of the plaintiffs with huge multi-million dollar verdicts that got international ... Read More