What Happened This Week? August 2nd, 2021

Philips Faces Class Suits Over Recalled CPAP Sleep Devices

Dutch medical equipment company Philips is facing a flurry of proposed class actions after recently recalling its sleep apnea breathing machines, which the company says may have exposed users to cancer-causing chemicals from defective foam.

Law360: https://www.law360.com/articles/1406621/philips-faces-class-suits-over-recalled-cpap-sleep-devices

Biomet Fails To Escape Mo. Jury’s $21M Hip Implant Verdict

Biomet Inc. can’t nix a $21 million jury verdict in favor of a woman injured by allegedly defective hip implants, a Missouri federal judge said Monday as he rejected a slew of post-trial motions brought by the medical device maker.

Law360: https://www.law360.com/articles/1409227/biomet-fails-to-escape-mo-jury-s-21m-hip-implant-verdict

C.R. Bard Implant Called ‘Ticking Time Bomb’ At Trial Open

Counsel for a retired carpenter implanted with C.R. Bard’s clot-stopping vein filter told a federal jury as the trial opened Wednesday that the filter broke, sending metal shards into his lungs and creating “a ticking time bomb in his body,” while the company’s counsel countered that the man knew the risks.

Law360: https://www.law360.com/articles/1409759/c-r-bard-implant-called-ticking-time-bomb-at-trial-open

Pa. Justices Take Up 3rd Circ. Case Over Device Liability

As part of a dispute over an allegedly defective C.R. Bard Inc. vein filter, the Pennsylvania Supreme Court has agreed to hear a case on recommendation from the Third Circuit to decide whether state law bars negligent design and strict liability claims related to medical devices.

Law360: https://www.law360.com/delaware/articles/1410354/pa-justices-take-up-3rd-circ-case-over-device-liability

Rite Aid’s 11th-Hour Axing From Pa. Talc Case Troubles Judge

A Pennsylvania federal judge expressed concern Tuesday over whether a move to drop Rite Aid as a defendant on the night before jury selection in what was set to be Philadelphia County’s first-ever talc trial demonstrated a bad faith effort to keep the case out of federal court.

Law360: https://www.law360.com/retail/articles/1409603/rite-aid-s-11th-hour-axing-from-pa-talc-case-troubles-judge

Becton Dickinson faces first bellwether trial over hernia mesh

Becton, Dickinson and Co subsidiary C.R. Bard will face trial on Monday over claims that its hernia repair surgical mesh is defective, offering the first test of the potential strength of thousands of lawsuits by plaintiffs around the country alleging that the products caused pain, inflammation and infection.


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