Brenda Fulmer

Brenda Fulmer

Searcy Denney Scarola Barnhart & Shipley

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Judge Consolidates Design Defect Claims for Trial in Ethicon Mesh

Judge Goodwin, who oversees the Ethicon mesh pelvic repair system multidistrict litigation in West Virginia, has consolidated 26 actions for trial on the issues of design defect, negligent design, and strict liability. The...more

10/6/2015 - Breach of Warranty Case Consolidation Commonality Design Defects Failure To Warn Manufacturing Defects Multidistrict Litigation Negligence Product Defects Transvaginal Mesh

Claims of Negligent Design and Breach of Implied Warranty to Proceed Against Boston Scientific Mesh

On February 9, 2009, a North Carolina resident was implanted with the Obtryx Transobturator Mid- Urethral Sling System (Boston Scientific Mesh). She sued Boston Scientific Corp., the maker of the sling, asserting claims of...more

8/18/2015 - Boston Scientific Breach of Warranty Failure To Warn Medical Sling Negligent Design Strict Liability Summary Judgment

DePuy Pinnacle Filing and Litigation Update

The drug and medical device unit at Searcy Denney Scarola Barnhart & Shipley recently filed yet another products liability lawsuit against DePuy with regard to a failed DePuy Pinnacle metal-on-metal hip implant. This latest...more

7/13/2015 - DePuy DePuy Hip Replacement FDA Multidistrict Litigation Product Defects

June Xarelto Update – Science Day

Judge Fallon, the federal judge in New Orleans who oversees the MDL coordinated proceedings, held his most recent hearing for all of the pending Xarelto lawsuits on June 10, 2015. At that time, the judge was provided with a...more

6/23/2015 - Bayer FDA Johnson & Johnson Medical Research Multidistrict Litigation Pharmaceutical Pharmaceutical Manufacturers Prescription Drugs Wrongful Death

Permanent Injunction Against Medtronic

The Food and Drug Administration (FDA) first approved the Synchromed II Implantable Infusion Pump System manufactured Medtronic, Inc. in 2004. The pump infuses pain medication, Baclofen, through a catheter into a patient’s...more

6/1/2015 - FDA Medical Devices Medtronic Pain Management Permanent Injunctions Pharmaceutical Distribution Pharmaceutical Manufacturers

Pfizer Wins First Zoloft Birth Defect Trial in Missouri

A jury trial was wrapped up recently after lasting a little more than a week in state court in St. Louis after the jury found in favor of Pfizer. The lawsuit alleged that Logyn Pesante, an eleven year old boy from California,...more

5/4/2015 - Birth Defects Jury Trial Pfizer Prescription Drugs

Score Card for DePuy ASR Trials – Two Wins and One Loss

In August of 2010, DePuy shocked the orthopedic community and thousands of patients by announcing the recall of its ASR metal-on-metal hip implant due to an excessive failure rate. ...more

4/29/2015 - Compensatory Damages DePuy DePuy Hip Replacement Jury Awards Medical Devices Product Recalls

Power to the Patients: FDA Employing New Methods for Medical Device Approvals

At the Food and Drug Administration’s Center for Devices and Radiological Health, the new year started off with an approval of the first therapeutic weight loss option for obese patients since 2007....more

3/16/2015 - FDA Medical Devices Obesity

Lengthy Clinical Trial Process Gets Overhaul by FDA

Safeguarding, streamlining, strengthening the clinical trial process is one of three of the Food and Drug Administration’s primary goals for 2015. So states an 11-page document titled 2014 – 2015 Strategic Priorities....more

3/11/2015 - Clinical Trials Data Collection FDA Medical Devices

Major Retailers Accused of Selling Dangerous Supplements by New York Attorney General

Since the passage of the “Dietary Supplement and Health Education Act,” the supplement industry has effectively been a wild west of snake oil salesmen foisting their sometimes fraudulent and dangerous miracle cures on the...more

2/10/2015 - GNC Nutritional Supplements Retailers Target Wal-Mart Walgreens

Viagra Ad Campaign Targets Women Amid Melanoma Risk

Viagra is so popular that it is a frequent target of counterfeiters. Here, a U.S. Customs and Border Patrol agent displays seized goods. Viagra (sildenafil) has featured prominently in the news over the past few months...more

1/29/2015 - Advertising Counterfeiting Customs and Border Protection Pfizer Pharmaceutical Pharmaceutical Manufacturers Prescription Drugs Viagra

Bayer Seeking Dismissal of Out of State Xarelto Cases

More than a dozen Xarelto cases have been filed in Philadelphia, alleging injuries and defendants’ failure to warn of risk associated with the drug. Defendants in several Xarelto lawsuits filed by out of state plaintiffs...more

1/27/2015 - Bayer Motion to Dismiss Personal Jurisdiction Pharmaceutical Manufacturers Venue

Florida Judge Remands DePuy Hip Case

In the lawsuit filed in the Sarasota County Circuit Court, Thomas Fronczak alleged he sustained injuries after being implanted with a DePuy hip. In the complaint, he alleged, that one of the defendants, Bayside Orthopaedics,...more

1/20/2015 - DePuy Hip Replacement Diversity Jurisdiction Healthcare Strict Liability

Texas Jury in The First Pinnacle Hip Trial Returns a Verdict for the Defense

This is what a common hip prosthesis looks like. The Pinnacle has a metal cup instead of a polyethylene (plastic) cup. In 2009, Kathleen Herlihy-Paoli was implanted with a metal-on-metal Pinnacle hip....more

1/13/2015 - DePuy Hip Replacement Healthcare Hip Replacement Medical Devices

Cymbalta Withdrawal Cases May Soon Have an MDL

Eli Lilly & Co., the producer of the popular antidepressant Cymbalta (duloxetine), is facing a spate of litigation over injuries associated with the drug. Plaintiffs allege that Cymbalta can cause severe withdrawal symptoms,...more

12/19/2014 - Class Action Eli Lilly Multidistrict Litigation Pharmaceutical Pharmaceutical Manufacturers Prescription Drugs

Using Work Hours as Volunteer Hours Becoming Part of Corporate Culture

The hip shoe and sunglasses company TOMS has set the bar for giving back to the community through its One for One movement. The Southern California-based business helps someone in need for every product it sells and, since...more

9/24/2014 - Corporate Culture Corporate Social Responsibility Philanthropy Retailers Volunteers

Ongoing Reglan Litigation — New Appellate Ruling

Earlier this week, a Missouri appeals court issued an opinion that will hopefully have a significant impact on ongoing litigation against the manufacturers of metoclopramide, the generic version of Reglan. In this latest...more

8/29/2014 - Appeals FDA Generic Drugs Pharmaceutical Pharmaceutical Manufacturers Preemption Warning Labels

DePuy Pinnacle Litigation Update

The coordinated litigation over Pinnacle metal-on-metal hip implants pending before Judge Kinkeade is also known as MDL No. 2244. The MDL was established in May of 2011. Since then, more than 60 million pages of documents...more

8/15/2014 - Bodily Injury DePuy Hip Replacement

Oregon, Washington, Vermont Join 33 States Suing over 5-Hour Energy Drink

Oregon, Washington State and Vermont say the slogans for 5-Hour Energy drink are hype that is misleading. Last week the Attorneys General of all three states filed lawsuits against the drink’s maker, Living Essentials LLC and...more

8/14/2014 - False Advertising Food Labeling Misleading Statements

FDA Issues Draft Guidance on 510(k)

The FDA issued a new draft guidance on July 15th which further explains how the FDA currently fails to protect consumers of medical devices and pharmaceutical drugs. It is important to remember that these sort of FDA-issued...more

8/4/2014 - Clinical Trials Draft Guidance Drug Manufacturers Fast Track Process FDA Manufacturers Medical Devices Pharmaceutical Pharmaceutical Manufacturers Premarket Approval Applications Prescription Drugs Risk Assessment Risk Mitigation Technology

Is Off-Label Drug Promotion Protected Free Speech?

It is a very common practice. Drug sales reps visit a client, usually a hospital, a clinic or a doctor, with the sole purpose of selling a drug or medical device. That is the primary way a doctor learns about a drug or...more

7/25/2014 - Drug Manufacturers FDA Free Speech GlaxoSmithKline Healthcare Healthcare Facilities Hospitals Johnson & Johnson Medical Devices Medicare Off-Label Promotion Off-Label Use Pharmaceutical Prescription Drugs

FDA Proposes Guidelines for Posting Medical-Product Information Online

A lot can be misconstrued in the silent world of the Internet. While online technology has changed the communications paradigm, it also has resulted in bad information, embarrassing typos, factual errors and malfeasance....more

7/18/2014 - FDA Guidance Update Internet Marketing Medical Devices Pharmaceutical Prescription Drugs Social Networks

Searcy Denney Files Additional Lawsuits Over Defective DePuy Pinnacle Metal-on-Metal Hip Implants

Searcy Denney’s Mass Tort Unit recently filed two new individual lawsuits on behalf of clients who have suffered personal injuries as a result of their defective DePuy metal-on-metal hip implants. The first case was filed on...more

7/10/2014 - Bodily Injury DePuy DePuy Hip Replacement Johnson & Johnson

FDA Warning on Hysterectomy Procedure Raises Awareness of Cancer Risk

A cancer risk surrounding a technologically advanced and minimally invasive surgery for removing the uterus has prompted the Food and Drug Administration to issue a warning discouraging the medical procedure. ...more

7/3/2014 - Cancer FDA FDA Warning Letters Healthcare

Testosterone Claims Consolidated in Chicago

The judicial panel on multidistrict litigation (JPML) has created an MDL to hear product liability lawsuits filed against the makers of prescription low testosterone products. Lawsuits involving testosterone replacement...more

6/26/2014 - FDA Side Effects

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