Second Circuit Affirms Dismissal of Mirena MDL
The U.S. Court of Appeals for the Second Circuit has affirmed the dismissal of litigation in which plaintiffs sought recovery for injuries they alleged were caused by Bayer’s intrauterine contraceptive system, Mirena®. Nearly 1,300 cases were certified as part of an MDL in 2013; the U.S. District Court for the Southern District of New York dismissed the cases in July 2016.
Fourth Circuit Affirms Judgment for Boston Scientific
In a unanimous published decision, the U.S. Court of Appeals for the Fourth Circuit affirmed a lower court’s decision to dismiss a transvaginal surgical mesh patient’s failure to warn claim against Boston Scientific. Shook, Hardy & Bacon Partner Dan Rogers, with co-counsel Ellis & Winters LLP, represented Boston Scientific before the appeals panel.
Seventh Circuit Dismisses Eye Drop Case for Lack of Injury
The U.S. Court of Appeals for the Seventh Circuit has decertified and dismissed with prejudice a class action alleging the packaging of prescription eye drops produced by several pharmaceutical companies dispensed too much product at once, causing users to waste the excess in each dose.
Court Dismisses 1,225 Cases in IUD Multidistrict Litigation
A New York federal court granted summary judgment to Shook clients Bayer HealthCare Pharmaceuticals Inc., Bayer Pharma AG and Bayer Oy, dismissing 1,225 cases and ending multidistrict litigation alleging injuries from the use of Bayer's intrauterine contraceptive system Mirena®.
Shook Obtains Summary Judgment for Aventis on Clomid Claims
A Utah court granted summary judgment in favor of Aventis in a woman's lawsuit alleging the pharmaceutical company's infertility drug Clomid caused birth defects in her child.