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Category Archives: Drug and Medical Device Litigation


Confidentiality and Non-Disparagement Clauses in Settlement Agreements

By Fox, Farley, Willis & Burnette |

If you settle a personal injury case, it is almost certain that the other side will require you to sign a settlement agreement, a document that memorializes the terms of your settlement. Of course, that document will detail what you get, as the victim—but it will also document some things that the liable party… Read More »

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Pa. Judge Refuses to Dismiss Lawsuit Against Injectafer Manufacturers

By Fox, Farley, Willis & Burnette |

A common legal tactic by manufacturers of dangerous or defective drugs is to argue that any product liability claim based on state law is barred by federal law. Essentially, since the U.S. Food and Drug Administration regulates the labeling and manufacture of drugs offered for sale, this should overrule or “preempt” any state personal… Read More »

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Annual Report Details Wide Range of Defective Medical Device Claims Against Johnson & Johnson

By Fox, Farley, Willis & Burnette |

Every day you probably see headlines in the news about another lawsuit involving a dangerous or defective medical device manufactured by a pharmaceutical company. But just how extensive are these lawsuits? And what role do government regulators play in holding these manufacturers accountable to the public? Thousands of Lawsuits Involving Opioids, Talcum Powder, and… Read More »

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Are Some Patients Allergic to Essure Birth Control Devices?

By Fox, Farley, Willis & Burnette |

Earlier this year, the U.S. Food and Drug Administration (FDA) announced that pharmaceutical giant Bayer would stop selling its Essure permanent birth control devices at the end of 2018. Bayer’s move came after the FDA issued an order in April 2018 restricting the sale of Essure based on thousands of consumer complaints. The FDA… Read More »

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Should the Owners of Opioid Manufacturers Face Criminal Charges?

By Fox, Farley, Willis & Burnette |

There are a growing number of lawsuits against the manufacturers and distributors of prescription opioids. These dangerous drug cases focus on the role these companies played in triggering the current opioid addiction crisis here in Tennessee and around the country. And public official in some municipalities want to go a step further and pursue… Read More »

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Mass. Court Rejects Risperdal Lawsuit

By Fox, Farley, Willis & Burnette |

Thousands of product liability lawsuits are presently pending throughout the country against pharmaceutical giant Johnson & Johnson over the adverse effects of its antipsychotic drug Risperdal. Most of the plaintiffs are young men who developed gynecomastia, which is the sudden growth of breast tissue, after taking Risperdal. Risperdal significantly increases production of the prolactin–the… Read More »

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Bayer Loses Early Battle to Keep Essure Lawsuits Out of State Courts

By Fox, Farley, Willis & Burnette |

Pharmaceutical giant Bayer currently faces upwards of 17,000 lawsuits throughout the country over Essure, its “permanent birth control” device which is tied to serious injuries. Although no Essure case has gone to trial as of this writing, Bayer is mounting an aggressive legal defense. In addition to denying that Essure is defective–despite announcing plans… Read More »

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Bayer AG Withdraws Essure Birth Control Devices from U.S. Market

By Fox, Farley, Willis & Burnette |

Many Tennessee women use implantable “permanent” birth control devices to protect against accidental pregnancy. But are these devices actually safe? In recent months approximately 16,000 women have filed lawsuits against Bayer AG alleging its popular Essure device have caused a variety of medical complications, including damage to their uterus and Fallopian tubes. In response… Read More »

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FDA Issues Class I Recall for Jaundice Meters

By John Willis |

While defective drugs that produce life-threatening side effects often get the bulk of public and media attention, it is important not to overlook the critical harms posed by defective medical devices. In particular, when a diagnostic device produces inaccurate or misleading readings, it can lead doctors to prescribe in an inappropriate course of treatment…. Read More »

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West Virginia Judge Refuses to Toss Pradaxa Lawsuit

By Brad Burnette |

Even when a drug is approved as safe and effective for sale in the United States, manufacturers must still take steps to ensure their products are accurately labeled. This includes disclosing any known potential side effects or contraindications that would make the drug dangerous–even fatal–for certain patients and treatment situations. Unfortunately, far too many… Read More »

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