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Medical Device Manufacturers Seek Dismissal of Product Liability Lawsuits

Posted on 07/05/2017Back

In May, the Supreme Court reversed a lower court ruling allowing patent holders to sue companies in states outside of the defendant’s home. In its ruling, TC Heartland v. Kraft Food Brands, the Supreme Court found that the only place a defendant can be subject to a lawsuit is in their home court, where the company has a regular and established place of business.

Similarly, in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, the Supreme Court overturned a lower court ruling that allowed a class action suit against the company for its medication, Plavix. In this case, the Justices determined that, despite the company’s strong ties to California and the 86 plaintiffs from that state involved in the class action, there was not enough of a connection between the state and the company for the lawsuit to progress.

These rulings have emboldened defective medical device manufacturers, Abbott, Johnson & Johnson, and Boston Scientific to seek similar decisions from the Supreme Court regarding various lawsuits the companies are facing. For Abbott, the lawsuit involves patent infringement and seems to fit neatly into the decision made in the TC Heartland ruling. Johnson & Johnson and Boston Scientific have cited that ruling in their arguments, but are relying more heavily on the outcome of the Bristol-Myers Squibb decision to put an end to legal action they are facing.

Boston Scientific & Ethicon Seeking to Dismiss Pelvic Mesh Lawsuits

Boston Scientific and Johnson & Johnson are seeking the dismissal of several pelvic mesh lawsuits. The defective medical device attorneys at GoldenbergLaw are fighting back. Both Boston Scientific and Johnson & Johnson are seeking a dismissal of several lawsuits surrounding defective pelvic mesh products. Law360 reports that Boston Scientific and Ethicon, a subsidiary of Johnson & Johnson, have urged a Pennsylvania state judge to dismiss claims from out-of-state victims, citing these latest Supreme Court decisions. While the state court has yet to make a decision, complications could arise for those who were injured outside of the home state of these pharmaceutical giants regardless.

Our experienced and dedicated product liability attorneys will continue to fight for the rights of men, women, and children injured by negligent medical device manufacturers irrespective of the state in which injury occurred. Call us at 612-436-5026 to schedule a free consultation and learn more.

The Dangerous of Defective Mesh Products

Defective hernia and pelvic mesh have caused serious complications for thousands of patients. Bowel perforation and obstruction complications are the most common complaints made to the FDA, but other issues including mesh migration, fluid buildup, excessive bleeding, and serious infection have also been reported.

Several lawsuits have been brought against Ethicon and Boston Scientific following years of inaction on the part of these companies despite knowledge of the dangers their devices pose. If you or someone you love has suffered injury from a pelvic or hernia mesh, GoldenbergLaw is here to help. Located in Minneapolis, our defective medical device lawyers serve victims of serious injury throughout the United States. Call us at 612-436-5026 to schedule a free consultation and learn how we can help you get the total compensation you deserve.

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