MedWorm: Medical Law

Hazardous chromium levels found in dietary supplements; 195 adverse reactions confirmed

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

ROCKVILLE, Md. - Hazardous amounts of chromium have been found in certain dietary supplements already associated with adverse events apparently linked to excess levels of selenium, the Food and Drug Administration reported May 1. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

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Digoxin tablets recalled; double potency results in illnesses, injuries, maker says

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

MORRISTOWN, N.J. - Digoxin tablets made by Actavis Totowa LLC for Mylan Pharmaceuticals Inc. and sold under the labels of Bertek and UDL are under a class 1 recall because they may contain twice the amount of active ingredient and have been associated with illnesses and injuries, Actavis announced April 25. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Blood clotting factors

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

Drug / Device: Blood clotting factors Defendant(s): Bayer Corp., Cutter Biological, Baxter Healthcare Corp. Hyland Div., Baxter International Inc., Immuno-U.S. Inc., Armour Pharmaceutical Co. Inc., Aventis Behring LLC, Aventis Inc., Alpha Therapeutic Corp. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Ketek

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

Drug / Device: Ketek Defendant(s): Sanofi-Aventis U.S. LLC, Sanofi-Aventis Worldwide Case name: Betty Johnson, et al. v. Sanofi-Aventis U.S., LLC., No. 08-611 Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Ethicon surgical stapler

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

Drug / Device: Ethicon surgical stapler Defendant(s): Ethicon End-Surgery Inc., 10 John Doe defendants Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Oxycontin

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

Drug / Device: OxyContin Defendant(s): Purdue Frederick Co. Inc., Purdue Pharma LP, Michael Friedman, Howard R. Udell, Paul D. Goldenheim, M.D., James Drug Store Inc. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

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Actimmune

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

Drug / Device: Actimmune Defendant(s): Intermune Inc., W. Scott Harkonen, Genentech Inc. Case name: Deborah Jane Jarrett, et al. v. Intermune, Inc., et al., No. 08-2376 Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Digitek digoxin

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

Drug / Device: Digitek-brand digoxin Defendant(s): Actavis Group hf; Actavis Totowa LLC, f/k/a Amide Pharmaceutical Inc.; Actavis Inc.; Actavis Elizabeth LLC; Actavis US; Mylan Inc.; Mylan Pharmaceuticals Inc.; Mylan Laboratories Inc.; Mylan Bertek Pharmaceuticals Inc.; UDL Laboratories Inc. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Digitek digoxin

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

Drug / Device: Digitek-brand digoxin Defendant(s): Actavis Group, Actavis Totowa LLC, Mylan Pharmaceuticals Inc., Mylan Bertek Pharmaceuticals Inc., UDL Laboratories Inc. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Heparin

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

Drug / Device: Heparin Defendant(s): Baxter Healthcare Corp.; Baxter International Inc.; Wyeth subsidiary Illinois Corp., f/k/a Scientific Protein Laboratories Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

News from the lexisnexis torts law center

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

[Editor's Note: The following items of interest appeared recently on the LexisNexis Torts Law Center. Devoted to products liability and toxic tort litigation and industry news, the Torts Law Center is where you can connect with other professionals to discuss the hottest issues. Become a regular contributor. Visit the center on the open Web for products liability and toxic tort-related headlines, discussion, expert commentary and more at: http://law.lexisnexis.com/practiceareas/torts] Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

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Medtronic signs consent decree to comply with regulations for making aeds

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

SEATTLE - Medtronic Inc. on April 25 signed a consent decree of permanent injunction agreeing to use current good manufacturing practices in the manufacture of Physio-Control Inc. Lifepak automatic external defibrillators (United States of America v. Medtronic, Inc., et al., No. 08-cv-649, W.D. Wash.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Oxycontin prosecutor stepping down may 16

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

ROANOKE, Va. - The U.S. attorney who criminally prosecuted OxyContin maker Purdue Pharma and three executives will resign May 16. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Kugel mdl plaintiffs must produce tax forms, as they agreed to

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

PROVIDENCE, R.I. - Objections by plaintiffs in the Kugel surgical patch multidistrict litigation about providing copies of their tax returns were rebuffed May 2 by a magistrate judge who said the plaintiffs had agreed to release them along with filing plaintiff fact sheets (PFS) (In Re: Kugel Mesh Hernia Patch Litigation, MDL Docket No. 1842, No. 07-1842, D. R.I.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Propulsid psc waives 6 percent mdl fee from past, future awards

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

NEW ORLEANS - The Plaintiffs' Steering Committee (PSC) in the Propulsid multidistrict litigation has agreed to waive the 6 percent MDL assessment fee from awards made to plaintiffs, according to an April 28 order (In Re: Propulsid Products Liability Litigation, MDL Docket No. 1355, No. 00-md-1355, E.D. La.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Moistureloc mdl judge takes common benefit fund under advisement

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

CHARLESTON, S.C. - The judge in the Bausch & Lomb contact lens solution multidistrict litigation on May 13 took under advisement a motion for a common benefit fund (In Re: Bausch & Lomb Contact Lens Solution Products Liability Litigation, MDL Docket No. 1785, No. 2:06-MN-77777-DCN, D. S.C., Charleston Div.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

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Bausch & lomb: too early for global mediation of contact solution cases

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

CHARLESTON, S.C. - Bausch & Lomb said April 28 that it cannot consent to global mediation of its contact lens solution multidistrict litigation cases "without further information about plaintiffs' cases and input on the design of a resolution process" (In Re: Bausch & Lomb Contact Lens Solution Products Liability Litigation, MDL Docket No. 1785, No. 2:06-MN-77777-DCN, D. S.C., Charleston Div.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Plaintiffs attorneys apply for leadership appointments in trasylol mdl

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

MIAMI - Plaintiff attorneys in the newly created Trasylol multidistrict litigation recently asked the court to make leadership appointments (In Re: Trasylol Products Liability Litigation, MDL Docket No. 1928, No. 08-md-1928, S.D. Fla.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Depo provera sales rep can't be joined to case

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

MONTGOMERY, Ala. - An Alabama federal judge on March 3 denied a plaintiff's motion to join a nondiverse defendant to her Depo Provera complaint nine months after it was removed (April Worley v. Pfizer, Inc., et al., No. 06-916, M.D. Ala., Northern Div.; 2008 U.S. Dist. LEXIS 16009). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Seroquel plaintiffs say astrazeneca had duty to preserve database

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

ORLANDO, Fla. - Plaintiffs in the Seroquel multidistrict litigation say defendant AstraZeneca Inc. had a duty to preserve its GEL database when one of the first cases was filed, not when the company was under government investigation (In Re: Seroquel Products Liability Litigation, MDL Docket No. 1769, No. 06-md-1769, M.D. Fla., Orlando Div.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Astrazeneca pulls subpoena of zyprexa mdl documents

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

BROOKLYN, NY - AstraZeneca has withdrawn a subpoena seeking records from a settlement master for the Zyprexa multidistrict litigation (In Re: Zyprexa Products Liability Litigation, MDL Docket No. 1596, No. 04-md-1596, E.D. N.Y.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

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Pfizer can rebut fda alert; neurontin mdl judge seeks fda's input on suicidality

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

BOSTON - The Neurontin multidistrict litigation judge on April 28 affirmed her decision to allow defendant Pfizer Inc. to serve an expert report rebutting a January Food and Drug Administration alert on suicidality and antiepileptic drugs and said she will ask the FDA for input on that "key finding" (In Re: Neurontin Marketing, Sales Practices, and Products Liability Litigation, MDL Docket No. 1629, No. 04-10981, D. Mass.; See 4/17/08, Page 19). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Neurontin defendants want nearly 400 plaintiffs dismissed for failure to certify claims

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

BOSTON - The defendants in the Neurontin multidistrict litigation want the court to dismiss the claims of almost 400 plaintiffs because their attorney has repeatedly failed to certify that there are prescription and medical records to support the claim (In Re: Neurontin Marketing, Sales Practices, and Products Liability Litigation, MDL Docket No. 1629, No. 04-10981, D. Mass.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Neurontin plaintiffs say mdl court doesn't need independent expert panel

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

BOSTON - Plaintiffs in the Neurontin multidistrict litigation on April 23 asked the court not to grant a defendant's motion for the appointment of a panel of independent experts to help the court rule on the admissibility of expert evidence (In Re: Neurontin Marketing, Sales Practices, and Products Liability Litigation, MDL Docket No. 1629, No. 04-10981, D. Mass.; See 4/17/08, Page 19). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Neurontin suicide plaintiffs alleged indirect influence of doctors by defendants

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

BOSTON - Plaintiffs in the Neurontin multidistrict litigation on April 21 told the judge that she should find that defendants Pfizer Inc. and Warner-Lambert Co. indirectly influenced doctors to prescribe the drug (In Re: Neurontin Marketing, Sales Practices, and Products Liability Litigation, MDL Docket No. 1629, No. 04-10981, D. Mass.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Old e-mail on laptop led to qui tam lawsuit involving raplon's risks

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

NEWARK, N.J. - The chance reassignment of a used Organon Inc. laptop and discovery of an old e-mail led to the filing of a False Claims Act complaint alleging that Organon and successor Schering-Plough Inc. failed to disclose serious adverse event problems with their Raplon anesthesia drug (United States of America, ex rel. Jeffrey D. Feldstein, M.D. v. Organon, Inc., et al., No. 07-2690, D. N.J.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

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Medtronic recalls devices with contaminated heparin

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

MINNEAPOLIS - Medtronic Inc. on May 7 announced a voluntary recall of selected medical devices featuring the Carmeda BioActive surface because heparin applied to the device might be contaminated. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Congressional staff report: fake heparin 100 times cheaper than real ingredient

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

WASHINGTON, D.C. - Counterfeit heparin costs about $20 per kilogram compared to $2,000 per kilogram for crude heparin, an April 29 congressional staff report says, fueling speculation that counterfeit product was deliberately added to increase profits for Chinese heparin "workshops" or consolidators who sell it to primary suppliers. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Minor cannot re-litigate blood factor infection claim as an adult, judge rules

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

CHICAGO - The judge in the blood factor multidistrict litigation court on April 29 dismissed a complaint on the basis of res judicata because the plaintiff's identical claim had been dismissed while he was a minor and there was no appeal (In Re: Factor VIII or IX Concentrate Blood Products Liability Litigation, MDL Docket No. 986, No. 93-7452; M.D., et al. v. Bayer Corp., et al., No. 04-8273, N.D. Ill., Eastern Div.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Taiwanese blood plaintiffs say bayer, baxter reneged on hiv infection contract payments

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

CHICAGO - A group of Taiwanese plaintiffs on May 7 asked the blood factor multidistrict litigation judge to sever from the MDL their claims that defendants Bayer Corp. and Baxter Healthcare Inc. violated a contract to provide humanitarian aid to HIV-infected plaintiffs (In Re: Factor VIII or IX Concentrate Blood Products Products Liability Litigation, MDL Docket No. 986, No. 93-7452, N.D. Ill.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Roche tells 11th circuit accutane suicide warnings were adequate for doctor

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

ATLANTA - Hoffman-La Roche Inc. on March 25 told the 11th Circuit U.S. Court of appeals that it should find that Roche adequately warned the doctor of a congressman's son about Accutane's suicide risk (Laurie A. Stupak v. Hoffman-La Roche Inc., No. 07-15980, 11th Cir.; See 3/6/08, Page 19). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

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New jersey won't postpone next accutane ibd trials pending appeal outcome

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

ATLANTIC CITY, N.J. - New Jersey's Accutane judge on May 12 denied a motion to postpone two upcoming bowel injury trials pending an appeal but did adjourn them to an as-yet undecided future date (Carey Todd Wagner v. Hoffman-La Roche Inc., No. ATL-L-3259-04, Emily Beard v. Hoffman-La Roche Inc., No. ATL-L-2645,N.J. Super., Atlantic Co.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Mirapex mdl judge denies summary judgment in 5 cases; facts in dispute

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

MINNEAPOLIS - The Mirapex multidistrict litigation judge on May 2 denied summary judgment in five cases, saying "disputed issues of law and fact prevent the entry of summary judgment at this time" (In Re: Mirapex Products Liability Litigation, MDL Docket No. 1836, No. 07-md-1836, D. Minn.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

2 plaintiff experts struck from zimmer knee case; methodology lacking

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

CHICAGO - Two plaintiffs experts were struck March 19 in a Zimmer knee case because their methodology failed to established when a plastic component oxidized and possibly failed (Wayne V. Jaske v. Zimmer, Inc., No. 03-2939, N.D. Ill., Eastern Div.; 2008 U.S. Dist. LEXIS 22434; See 8/7/03, Page 25). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Learned intermediary applies to medical devices case, connecticut judge rules

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

NEW HAVEN, Conn. - A Connecticut judge on March 5 ruled that the learned intermediary defense should apply to prescription medical devices as well as prescription drugs (Robert Wegryn v. Smith & Nephew, Inc., No. CV075013243S, Conn. Super., New Haven Dist.; 2008 Conn. Super. LEXIS 587). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

Fda goes 1-2 in trial over custom-made orthopedic devices

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

ORLANDO, Fla. - A Florida federal judge on April 30 found that Endotech did not violate Food and Drug Administration regulations because two of three orthopedic devices were exempt as custom-made; a knee device, however, was found to be adulterated (United States of America v. Endotech, Inc., et al., No. 06-cv-1281, M.D. Fla., Orlando Div.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

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$7.7m vioxx death verdict overturned on appeal by texas appeals court

LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News — Fri, 16 May 2008 14:01:37 +0100

SAN ANTONIO - A Texas state appeals court on May 14 overturned a $7.75 million Vioxx verdict, saying plaintiffs had failed to show that the painkiller, and not 71-year-old Leonel Garza's existing risk factors, caused his heart attack and death in 2001 (Merck & Co., Inc. v. Felicia Garza, et al., No. 04-07-00234-CV, Texas App., 4th Dist.; See 1/4/07, Page 5). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Drugs & Devices Legal News)

The true final verdict of my malpractice trial

Medical Economics - Malpractice — Fri, 16 May 2008 04:00:00 +0100

A lawsuit left this physician with worries about his reputation, until a surprising patient visit took place. 2007 Doctors' Writing Contest - Young Doctor Award (Source: Medical Economics - Malpractice)

Malpractice consult: your responsibility for patients in the ed

Medical Economics - Malpractice — Fri, 16 May 2008 04:00:00 +0100

Primary care physicians need to reduce risk when patients go to the emergency department. (Source: Medical Economics - Malpractice)

Analysis of mitochondrial length heteroplasmy in monozygous and non-monozygous siblings

International Journal of Legal Medicine — Wed, 14 May 2008 06:06:07 +0100

Abstract The segregation of mitochondrial genomes and the inheritance of mitochondrial DNA are constant matters of debate. To obtain more information about this issue and to answer the question whether or not it is possible to distinguish mitochondrial DNA (mtDNA) samples from monozygous individuals by analysing heteroplasmic length variants, 290 monozygous and 121 dizygous twin pairs and 34 sets of multiples were studied by RFLP and partly by direct sequencing. A factor D describing the respective pattern of length variants in a given sample was also calculated. The results show that monozygous individuals exhibit a significantly lower median and closer distribution of D than non-monozygous siblings. Thus, a differentiation of mtDNA samples from monozygous twins by this trait is not possible. The high percentage of heteroplasmic individuals, the low median of the D values and the unexpectedly very similar distribution of length variants in monozygotic individuals support the existence of a relatively wide bottleneck or the assumption of a regeneration of length heteroplasmy following a tight bottleneck and agree with a random segregation of mtDNA genomes in dividing oocytes. Content Type Journal ArticleCategory Original ArticleDOI 10.1007/s00414-008-0240-8Authors S. Lutz-Bonengel, University of Freiburg Institute of Legal Medicine Albertstr. 9 79104 Freiburg GermanyU. Schmidt, University of Freiburg Institute of Legal Medicine Albertstr. 9 79104 Freiburg GermanyT. Sänger, University of Freiburg Institute of Legal Medicine Albertstr. 9 79104 Freiburg GermanyM. Heinrich, University of Freiburg Institute of Legal Medicine Albertstr. 9 79104 Freiburg GermanyP. M. Schneider, University of Cologne Institute of Legal Medicine Melatengürtel 60-62 50823 Cologne GermanyS. Pollak, University of Freiburg Institute of Legal Medicine Albertstr. 9 79104 Freiburg Germany Journal International Journal of Legal MedicineOnline ISSN 1437-1596Print ISSN 0937-9827 (Source: International Journal of Legal Medicine)

Age of initiation plays no role in hormone therapy stroke risk

LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News — Mon, 12 May 2008 22:49:03 +0100

CHICAGO - The risk of stroke associated with the use of combination hormone replacement therapy increases regardless of the age of the woman when she starts using the drugs, a recent review of data from the Nurses' Health Study revealed. Full story on lexis.com (Source: LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News)

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Plaintiff says general litigation fund incapable of covering costs

LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News — Mon, 12 May 2008 22:49:03 +0100

LITTLE ROCK, Ark. - Wyeth should be ordered to pay a woman $28,602.84 in costs, the plaintiff who won the most recent trial in the Prempro multidistrict litigation court says in a May 5 reply brief, because the general litigation fund established under Practice and Procedure Order No. 5 is incapable of reimbursing law firms for expert expenditures, especially when the defendants have not indicated that they are willing to do anything other than try every case to conclusion (In re: Prempro Products Liability Litigation, MDL No. 1507; Donna Scroggin v. Wyeth, et al., No. 04-CV-1169, E.D. Ark.; See March 2008, Page 13). Full story on lexis.com (Source: LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News)

Prempro mdl judge applies michigan law, dismisses case

LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News — Mon, 12 May 2008 22:49:03 +0100

LITTLE ROCK, Ark. - Claims asserted by a woman who resided in Michigan when she used hormone replacement therapy and was diagnosed with breast cancer are subject to Michigan's law that shields drug manufacturers from liability, the federal judge presiding over the Prempro multidistrict litigation found in awarding Novartis Pharmaceutical Corp. summary judgment (In re: Prempro Products Liability Litigation, MDL No. 1507; Judith Dean v. Wyeth, et al., No. 04-CV-1202, E.D. Ark.; 2008 U.S. Dist. LEXIS 29201). Full story on lexis.com (Source: LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News)

Nuvaring contraceptive mdl sought for missouri court by 65 federal plaintiffs

LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News — Mon, 12 May 2008 22:49:03 +0100

WASHINGTON, D.C. - Plaintiffs in 65 NuvaRing contraceptive device cases on April 22 moved for the creation of a multidistrict litigation (In Re: NuvaRing Litigation, MDL Docket No. not assigned, JPMDL). Full story on lexis.com (Source: LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News)

Public citizen asks fda to withdraw ortho evra

LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News — Mon, 12 May 2008 22:49:03 +0100

WASHINGTON, D.C. - Public health watchdog group Public Citizen on May 8 petitioned the Food and Drug Administration seeking the withdrawal of Ortho Evra in six months based on study data showing that women using the birth control patch are at a possible twofold increase in the risk of blood clots and exposed to dangerous levels of estrogen. Full story on lexis.com (Source: LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News)

Judge denies request for summary judgment on specific causation

LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News — Mon, 12 May 2008 22:49:03 +0100

NEW BRUNSWICK, N.J. - The New Jersey judge presiding over the state's hormone therapy mass tort on May 7 denied motions for summary judgment submitted by the makers of Premarin, Prempro and Provera on the ground that a couple failed to provide sufficient specific causation testimony to support their claims that the drugs caused the woman to develop breast cancer (In re: HRT Litigation, Case No. 266, N.J. Super., Middlesex Co.; Dora Bailey, et al. v. Wyeth, et al., No. MID-L-0999-06 MT; N.J. Super., Middlesex Co.; See April 2008, Page 18). Full story on lexis.com (Source: LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News)

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Prempro maker says no evidence supports punitive damages claim

LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News — Mon, 12 May 2008 22:49:03 +0100

NEW BRUNSWICK, N.J. - A woman claiming that her use of hormone replacement therapy contributed to her development of cancer is not entitled to pursue punitive damages claims, Wyeth says in a May 5 motion, because there is no evidence showing that it withheld information from the Food and Drug Administration about the risk of breast cancer (In re: HRT Litigation, Case No. 266; Loretta Deboard v. Wyeth, et al., No. MID-L-1147-06 MT, N.J. Super., Middlesex Co.; See related stories in this issue). Full story on lexis.com (Source: LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News)

Wyeth ordered to post $58 million bond; pay attorney fees

LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News — Mon, 12 May 2008 22:49:03 +0100

RENO, Nev. - A Nevada judge on April 11 ordered Wyeth to post a $58 million bond while it appeals a jury's finding in favor of three woman who claimed that they developed breast cancer as a result of using Premarin and Prempro and ordered the company to pay $1.6 million in attorney fees after finding that the company's refusal to accept a settlement offer was in bad faith (Arlene Rowatt, et al. v. Wyeth, No. CV04-01699, Nev. Dist., Washoe Co.; See March 2008, Page 5). Full story on lexis.com (Source: LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News)

Prempro maker says woman did not rely on advertising

LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News — Mon, 12 May 2008 22:49:03 +0100

NEW BRUNSWICK, N.J. - A woman's claims based on Wyeth's direct-to-consumer (DTC) advertising should be dismissed with prejudice because she admitted that she did not rely on them when deciding to use Premarin and Prempro and because she has not provided any evidence that the advertisements violated Food and Drug Administration regulations, the maker of the drugs says in a May 5 motion (In re: HRT Litigation, Case No. 266; Loretta Deboard v. Wyeth Inc., et al., No. MID-L-1147-06 MT, N.J. Super., Middlesex Co.; See related stories in this issue). Full story on lexis.com (Source: LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News)

Magistrate suggests stay in 2 federal prempro cases pending state appeal

LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News — Mon, 12 May 2008 22:49:03 +0100

MINNEAPOLIS - A federal magistrate judge on April 21 refused to dismiss two federal lawsuits filed by women whose product liability claims against the manufacturer of Prempro in a Pennsylvania state court are on appeal because a reversal of the state court ruling could result in the termination of the their state court claims, thereby eliminating any risk of inconsistent or piecemeal rulings (Graciana Manalo, et al. v. Wyeth, et al., No. 07-4557; Carol J. Hess v. Wyeth Inc., No. 07-4567, D. Minn.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Hormone Replacement Therapy Legal News)