U.S. Court of Appeals for the 9th Circuit has reversed a district court’s dismissal of an action alleging consumer claims against MusclePharm Corp., a manufacturer of nutritional supplements, for making false or misleading statements about the protein in one of its products. The case was sent back to the trial…
This case was based on the distinction between brand name drugs and generics as decided by the U.S. Supreme Court in Wyeth v. Levine, 555 U.S. 555 (2009) and PLIVA v. Mensing, 564 U.S. 604 (2011). The federal district court judge in Chicago, the Northern District of Illinois, dismissed failure-to-warn…
Plaintiff Wendy Dolin, the wife of the decedent, Stewart Dolin, filed this lawsuit in the U.S. District Court for the Northern District of Illinois in Chicago alleging that the death of her husband, Stewart Dolin, was caused by the taking of the generic drug paroxetine, a form of the antidepressant…
The plaintiff, Jo Huskey, and her husband filed a product liability lawsuit against Ethicon Inc. and Johnson & Johnson. After a nine-day trial, the jury returned a general verdict in the amount of $3.27 million for the Huskeys on their design defect, failure to warn and loss of consortium claims.…
Across the country there have been many lawsuits filed against the makers and distributors of talc. Most of these suits have been filed against Johnson & Johnson as the maker of the baby powder used by many. In some courts, there have been very large jury verdicts for individuals who…
In the latest of the cases alleging that the anti-psychotic drug Risperdal caused a man to grow female-like breasts, a Philadelphia jury has signed a verdict of $1,750,000 in a case that ended on Nov. 11, 2015. The report of the case indicated that the jury deliberated for 2 ½…
The first of nearly14,000 patients given potentially tainted injections of pain medicine has sued the maker of the treatment. Many experts say this may be the first of a wave of lawsuits following a deadly meningitis outbreak that has killed 14 people. Meanwhile, a medical practice specializing in pain management…
DMAA is an ingredient of pre-workout energy boosters. A recent Chicago Tribune article describes DMAA supplements (a/k/a 1, 3-dimethylamylamine or methylhexaneamine) as being marketed as a natural substance that comes from geraniums. But substantial evidence negates that assertion. The U.S. Food and Drug Administration (FDA) is now calling on the…
The US Army is investigating whether the death of two soldiers was in any way caused by workout supplements. Both soldiers died after being engaged in physical activity on a Southwest Army base. Dimethylamylamine (DMAA), the active ingredient in these workout supplements, was later found in both soldiers’ toxicology reports.…
The U.S. Supreme Court examined a Vermont law that limited the use of patient information collected by pharmacies to determine whether or not 18 V.S.A. § 4631 violated pharmacies’ First Amendment rights. The Supreme Court held that the Vermont law did place unnecessary limits on the speech of pharmaceutical companies…