Month: December 2020

Latest Defendant Shenanigans in the Valsartan Litigation

Plaintiffs injured by contaminated valsartan are fighting attempts by Walgreens, CVS and Rite Aid to avoid claims they misrepresented a generic high blood pressure drug by calling themselves “drug testers” instead of sellers. The pharmacy retailers are attempting to frame their role in the distribution chain as a “pass through” center instead of a seller …

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Court Rules Against “Lifesaving Device” Claims for Hernia Mesh

In a recent court ruling C.R. Bard was told they cannot argue their hernia mesh implant is a “lifesaving device” in the upcoming bellwether trial scheduled for January 11, 2021. On Thursday, December 3, 2020, U.S. District Judge Edmund Sargus held that Bard and co-defendant Davol Inc. cannot refer to the Ventralite ST device as …

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Bayer’s Essure Defense Strategy to Avoid Liability

Two years after Bayer A.G. halted sales of Essure in the United States, the company announced it would settle outstanding legal claims for $1.6 billion. The proposed settlement will resolve about 90% of the nearly 40,000 claims against Essure manufacturer, Bayer A.G. The settlement did not include any admission of wrongdoing or liability by the …

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