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July 28, 2025
DENVER — A federal judge in Colorado has granted final approval to a $3.57 million settlement between the maker of nonprescription health care products and plaintiffs who claim that it sold products without approval from U.S. Food and Drug Administration, noting that nearly 100,000 claim forms have been filed.
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July 24, 2025
DES MOINES, Iowa — Citing the First Amendment, the Employee Retirement Income Security Act and a recent U.S. Supreme Court ruling, an Iowa federal judge issued a preliminary injunction order enjoining Iowa state regulators from enforcing 11 provisions of a new state pharmacy benefit manager (PBM) law against the plaintiffs “and their contractors and agents who assist in the administration of their health benefit plans.”
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July 21, 2025
Eight drug manufacturers have reached a nationwide settlement agreement, pledging to pay $720 million to fund drug prevention and treatment services throughout the country to end legal claims stemming from their roles in the U.S. opioid epidemic.
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July 18, 2025
SAN FRANCISCO — A shareholder of Hims & Hers Health Inc. on July 17 filed a stockholder derivative action in a California federal court on behalf of the company, accusing the company’s board of directors and executives of misleading the shareholders about a collaboration with Novo Nordisk Inc. that would allow Hims to sell compounded semaglutide products.
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July 18, 2025
CINCINNATI — A lower court properly granted a manufacturer of a hip implant device summary judgment after finding that a man’s expert witnesses to support his claim that the device was defective were properly excluded under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals Inc., the Sixth Circuit U.S. Court of Appeals held.
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July 17, 2025
New developments in the following mass tort drug and device cases are marked in boldface type.
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July 16, 2025
NEW ORLEANS — A Louisiana federal judge cited a man’s “admission on the record that his claims are preempted as currently pled and his failure to otherwise amend his petition” and dismissed with prejudice his complaint that an allegedly defective medical device that was implanted to control pain caused injuries.
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July 16, 2025
WILMINGTON, Del. — A federal magistrate judge in Delaware recommended that the court deny a motion to remand a case filed by mothers who allege that a pharmaceutical manufacturer wrongfully promoted the off-label use of an asthma drug to treat preterm labor in pregnant women.
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July 16, 2025
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals in a split decision on July 15 rejected claims by the manufacturer of mifepristone that the West Virginia Unborn Child Protection Act (UCPA), which bans abortion in almost all cases, is preempted under federal law.
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July 15, 2025
WILMINGTON, Del. — A lower court “erred in adopting a standard that favored or presumed the admissibility of expert testimony,” the Delaware Supreme Court ruled in an interlocutory appeal, finding that the trial court was wrong to deny a series of motions to exclude testimony from experts who opined that Zantac containing ranitidine can cause 10 types of cancer.
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July 14, 2025
CAMDEN, N.J. — A federal judge presiding over the valsartan/losartan/irbesartan hypertension drugs multidistrict litigation in a New Jersey federal court signed off on an amended case management schedule, setting the stage for the first bellwether trial to begin in September.
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July 14, 2025
PHILADELPHIA — The Third Circuit U.S. Court of Appeals on July 11 sent a dispute over the amount of attorney fees awarded to a law firm for its work in the Benicar multidistrict litigation back to a New Jersey federal court, finding that the lower court erred in denying a motion to remand.
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July 11, 2025
CHICAGO — An Illinois jury returned a verdict for Boehringer Ingelheim Pharmaceuticals Inc., rejecting arguments from a man who alleged that his prostate cancer was caused by ingesting over-the-counter Zantac.
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July 11, 2025
TRENTON, N.J. — A federal judge in New Jersey dismissed a putative securities class action brought by pension funds against a medical device and technology company for alleged misstatements regarding efforts to address deficient manufacturing conditions at the company’s Boston facility, finding the pension funds did not plead “a strong inference of scienter.”
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July 11, 2025
PENSACOLA, Fla. — The Florida federal judge overseeing the Depo-Provera multidistrict litigation, a group of cases alleging that a long-lasting injectable contraceptive caused women to develop intracranial meningiomas, a type of brain tumor, ordered all plaintiffs and their counsel to disclose any third-party litigation funding agreements.
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July 10, 2025
LEXINGTON, Ky. — The Kentucky federal judge presiding over a long-running case against a pelvic mesh manufacturer denied three separate motions to exclude experts filed by the manufacturer and a woman who says she was injured by the mesh.
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July 10, 2025
NEWARK, N.J. — The manufacturers of nearly all insulins and other diabetes medications available in the United States worked in concert with pharmacy benefit managers (PBM) to drive up the price of insulin and related medications, Norfolk, Va., alleges in a complaint filed July 9 in a New Jersey district court.
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July 09, 2025
NASHVILLE, Tenn. — While recognizing that woman’s “pro se status affords her with some measure of leniency from the Court,” a Tennessee federal magistrate judge on July 8 recommended that a motion for summary judgment filed by employees of a compounding pharmacy be granted and that a complaint alleging injuries from medication taken for weight loss be dismissed.
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July 09, 2025
YAKIMA, Wash. — The U.S. Food and Drug Administration’s decision to add Risk Evaluation and Mitigation Strategy (REMS) restrictions on mifepristone, one of the two drugs prescribed for medication abortions, was not arbitrary or capricious, a Washington federal judge found on July 8, rejecting a request by a coalition of states to grant summary judgment and remand the matter to the FDA for further consideration.
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July 08, 2025
CHICAGO — Claims against non-brand defendants in a woman’s case alleging that the heartburn drug Zantac and its generic equivalent, ranitidine, caused her to develop colon cancer were properly dismissed, an Illinois appeals court affirmed.
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July 08, 2025
OAKLAND, Calif. — The manufacturer of noninvasive prenatal tests will pay up to $8.25 million in a class action settlement to resolve claims that its tests returned false positive test results for some rare genetic conditions despite advertising its products as reliable and accurate, according to a motion for preliminary approval of class action settlement filed in a California federal court.
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July 07, 2025
DES MOINES, Iowa — Noting “the Supreme Court’s recent narrowing of district courts’ ability to impose injunctive relief beyond that which is necessary to afford relief to named parties,” an Iowa federal judge imposed an ex parte temporary restraining order (TRO) barring enforcement of a new Iowa pharmacy benefit manager (PBM) law as to the plaintiffs and the members of one of those plaintiffs; the judge concluded that the plaintiffs sufficiently showed that the provisions “are unenforceable as preempted by [the Employee Retirement Income Security Act] and violative of the First Amendment.”
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July 07, 2025
RALEIGH, N.C. — A North Carolina trial court did not err in granting summary judgment to the manufacturer of an over-the-counter bronchodilator, a state appeals court said, finding that the contributory negligence of a woman who died after using the product barred her claims.
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July 07, 2025
ASHEVILLE, N.C. — A defective bone cement used during a 2018 surgery failed to bond a woman’s knee prothesis to her bone, forcing her to undergo a third revision surgery to fix it, a woman alleges in a complaint filed in a North Carolina federal court.
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July 07, 2025
SAN JOSE, Calif. — Elizabeth A. Holmes, the founder and former CEO of defunct biotechnology startup Theranos Inc., “is ineligible for a sentence reduction because she personally orchestrated a fraud scheme that caused dozens of investors to invest over $800 million in the company she founded . . . based on false misrepresentations,” the government said in opposition to her motion asking a California federal court to reduce her sentence pursuant to an amendment to sentencing guidelines.