Verdicts & Settlements

Endo to pay $193 Mil. for off-label marketing of Lidoderm

The pharmaceutical company Endo Health Solutions recently settled a set of a qui tam (whistleblower) lawsuits for $193 million dollars. The first suit was filed in 2005, by a sales representative who started working at Endo in 2002.

The whistleblowers alleged that Endo violated Federal law by marketing Lidoderm for unapproved uses, including for low back pain, diabetic neuropathy and carpal tunnel syndrome. The Federal Food, Drug and Cosmetic Act (FDCA) prohibits this practice, known as “off-label marketing” because the prescribing information ...

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New Jersey Jury Awards $1.58 Million in Accutane Trial Verdict

In the case Rees v. Hoffman-LaRoche, Inc., a New Jersey jury awarded the plaintiff $1,587,928 in what is the ninth straight Accutane trial verdict in favor of plaintiffs. The jury found that the drug could cause ulcerative colitis and that Hoffman-La Roche, its manufacturer, failed to adequately warn of this risk. Trial ran from January 27 to March 10, and the jury rendered its verdict in less than a day.

Accutane was a drug for treatment of ...

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Lance v. Wyeth decision calls in to question “Learned Intermediary” doctrine

Over 40 years ago, the Pennsylvania Supreme Court adopted a legal standard known as the learned intermediary doctrine. Under this standard, a drug manufacturer has a duty to warn doctors–but not patients–about risks associated with prescription medication. The theory is that the doctor, who knows the individual characteristics of her patients, makes an individualized risk/benefit analysis with the patient. In a lot of cases, this makes sense. Back when doctors had time to individually counsel patients, the necessary information about ...

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Medical Malpractice Lawyers Seeing a Change in the Counties Around Philadelphia

Medical malpractice lawyers are noting a recent trend in medical malpractice cases in the counties surrounding Philadelphia county. Historically, these counties have been very difficult for malpractice plaintiffs–so difficult, that even when doctors agree that significant malpractice occurred, it has been difficult to win at trial. Cases that arise in Philadelphia County, in contrast, have long had a better chance of success when malpractice has occurred.

Over the last several months, however, injured individuals have been successful in wining medical malpractice ...

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Why Lance decision is not novel nor judicial over-reach

If you practice in mass torts or the area of dangerous drugs, you’ve probably heard about the recent Pennsylvania Supreme Court decision Lance v. Wyeth. The decision has generated a lot of commentary from lawyers, and even some popular media attention, but the decision is not as novel or far-reaching as some have claimed.

The reason we make this claim stems from the factual premise relied on by the Court, and concessions made by the Defendant. Before we dive ...

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Merck to Settle NuvaRing Intrauterine Contraceptive Device Lawsuits

On Friday, February 7, 2014, Merck & Co announced that it is willing to pay $100 million to settle all NuvaRing intrauterine contraceptive device lawsuits.

The NuvaRing contraceptive is a flexible ring that releases the hormones estrogen and progestin in order to prevent pregnancy. NuvaRing has been associated with an increased risk of forming blood clots, which can in turn cause heart attacks, strokes, even death. An FDA report released in 2011 announced that NuvaRing posed a higher risk for blood ...

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