The order certifying a class of third-party payors in the long-running Avandia MDL was the wrong result for the wrong reasons, and the Third Circuit has now vacated that order in an opinion that is well worth the read. In In Re: Avandia Marketing, Sales Practices and Products Liability Litigation, No. 25-2278, 2026 WL
The Avandia MDL has been a long, winding, and ultimately meritless road. The FDA approved the drug to treat Type II diabetes in 1999, and the MDL got going in 2007, after a widely publicized, but ultimately disproven meta-analysis purported to show that Avandia presented an increased risk of heart attacks.
That was 18 years
Almost 15 years ago to the day, we posted the following question: why do third party payers and not patients bring RICO claims against drug and device companies for behavior that supposedly makes products cost too much? We were reporting on a case that dismissed the RICO claims of patients because they were indirect purchasers
For several years now, the Valsartan MDL has been something of a poster child for the problems with modern serial product liability litigation. It started with questionable data coming out of a questionable lab, leading to publicity and regulatory actions that outpaced reliable evidence of increased risk from an alleged carcinogenic contamination. It snowballed
We have been reporting on third party payer/payor (“TPP”) litigation for a long time. This category covers a range of causes of action and allegations but boils down to boils down to insurance companies or other entities trying to recover amounts they paid for patients to receive medical products because the manufacturers or sellers
Although it is not a drug/device case (if it were, we would have discussed it before now), the recent Supreme Court decision in Gallardo v. Marstiller, 142 S. Ct. 1751 (2022), raises some interesting issues that attorneys defending personal injury action of any sort should consider. Settlement of any personal injury case involving a
This post is from the non-Dechert side of the blog.
Our latest Zantac litigation decision is not from the Florida MDL, but rather a standalone case in Maryland − Mayor & City Council of Baltimore v. GlaxoSmithKline, LLC, 2022 WL 537004 (Md. Cir. Jan. 28, 2022). It’s a split decision, and depending on which
The Xarelto personal injury claims settled in 2019 after six bellwether trials all ended with defense verdicts. What remained, until now, were several third-party payor (health insurers, “TPPs”) actions that have been dormant for almost six years. Despite the passage of time, the motions before the court in 2021 were to dismiss under Rules 12(b)(6)
In this blogger’s family, Monopoly is cutthroat. No freebies. No passes. I own it, you land on it – you pay. Can’t pay, take a mortgage. We play to bankruptcy. Being from New Jersey we are partial to the original based on the streets of Atlantic City. But we’ve also owned the Star Wars edition,
This post comes solely from the Cozen O’Connor side of the blog.
The MDL court in the Testosterone Replacement Therapy (“TRT”) litigation involves more than just individual product liability cases. It includes a class action. In particular, a single named plaintiff, Medical Mutual of Ohio (“MMO”), seeks to represent a class of third-party payers