DOCSLIB.ORG

Petition for a Writ of Certiorari Filed

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Petition for a Writ of Certiorari Filed No. _________ ================================================================================================================ In The Supreme Court of the United States --------------------------------- ♦ --------------------------------- BRITTANY BILLETS, et al., Petitioners, v. MENTOR WORLDWIDE LLC, Respondent. --------------------------------- ♦ --------------------------------- On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit --------------------------------- ♦ --------------------------------- PETITION FOR WRIT OF CERTIORARI --------------------------------- ♦ --------------------------------- ANDY DOGALI DOGALI LAW GROUP, P.A. 19321 US Hwy. 19 North, Suite 307 Clearwater, FL 33764 [email protected] (813) 289-0700 Counsel for Petitioners ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTION PRESENTED The question presented is whether preemption un- der the Medical Device Amendments to the Food, Drug, and Cosmetic Act supports Rule 12(b)(6) dismissal of state common law claims alleging failure to warn by virtue of inaccurate post-approval, post-sale public re- porting of adverse events, and claims alleging defective manufacture of medical devices. ii PARTIES TO THE PROCEEDING Petitioners here include appellants in four appeals in the court below, pursuant to this Court’s Rule 12.4. The court below issued identical orders on the same date in all four appeals, and Petitioners’ allegations and positions here are materially identical. Not all appellants in the proceedings below are parties to this Petition. The Petitioners before this Court include: Brittany Billetts, et al. v. Mentor Worldwide LLC, et al., 9th Circuit, 19-56398; Dist. of Cent. California 19-cv-01026 (including petitioners Brittany Billetts, Vivian Aguiar, Cornelia Ditto, and Leah Johnson); Nicole Vieira, et al. v. Mentor Worldwide LLC, et al., 9th Circuit 19-56394; Dist. of Cent. California 19-cv-04939 (including peti- tioners Nicole Vieira and Emilia Barozzi); Kate Nunn, et al. v. Mentor Worldwide LLC, et al., 9th Circuit 19-56391, Dist. of Cent. California 19-cv-01484 (including peti- tioners Kathryn Nunn, Aluvia Solano, and April Zimmerman); Mary Sewell, et al. v. Mentor Worldwide LLC, et al., 9th Circuit 19-56393; Dist. of Cent. California 19-cv-01126 (including peti- tioners Mary Sewell, Yulia Rose, Aurora Victoria Corona Cattuzzo, Michael An- thony Cattuzzo, Barbara Johncke, An- ders Johncke, Marianne Curry, Joseph Zacharzuk Jr., Deborah Michelle Destasio, iii PARTIES TO THE PROCEEDING – Continued Joseph Destasio, Stacey Holden, Mark Clark Holden, Kristina Ruiz, and Steven Ruiz) Each of the four appeals included multiple appel- lees, but only one is implicated by this Petition, Re- spondent Mentor Worldwide LLC. STATEMENT OF RELATED CASES The following proceedings are directly related to this petition: • United States District Court for the Cen- tral District of California Judgments: ◦ Billetts v. Mentor Worldwide LLC, ED CV 19-01026-AB (PLAx). Judg- ment entered October 29, 2019. ◦ Vieira v. Mentor Worldwide LLC, CV 19-04939-AB (PLAx). Judgment en- tered October 29, 2019. ◦ Jacob v. Mentor Worldwide LLC, CV- 19-01484-AB (PLAx). Judgment en- tered October 29, 2019. ◦ Sewell v. Mentor Worldwide LLC, SA CV 19-01126-AB (PLAx). Judgment entered October 29, 2019. iv STATEMENT OF RELATED CASES – Continued • United States Court of Appeals for the Ninth Circuit Judgments: ◦ Billetts v. Mentor Worldwide LLC, 19- 56398. Judgment entered February 5, 2021. ◦ Vieira v. Mentor Worldwide LLC, 19- 56394. Judgment entered February 5, 2021. ◦ Nunn v. Mentor Worldwide LLC, 19- 56391. Judgment entered February 5, 2021. ◦ Sewell v. Mentor Worldwide LLC, 19- 56393. Judgment entered February 5, 2021. • A substantially similar Petition for Writ of Certiorari was filed before this Court on June 25, 2021 in Brooks v. Mentor Worldwide LLC, 985 F.3d 1272 (10th Cir. 2021). v TABLE OF CONTENTS Page QUESTION PRESENTED .................................... i PARTIES TO THE PROCEEDING ....................... ii STATEMENT OF RELATED CASES ................... iii TABLE OF CONTENTS ........................................ v TABLE OF AUTHORITIES ................................... viii PETITION FOR A WRIT OF CERTIORARI ......... 1 OPINIONS BELOW ............................................... 1 JURISDICTION ..................................................... 2 STATUTORY PROVISIONS .................................. 2 STATEMENT.......................................................... 4 1. Introduction ............................................... 4 2. Factual Background .................................. 5 a. FDA Approval of Silicone Gel-Filled Breast Implants ................................... 5 b. Adverse Event Reporting .................... 7 c. Breast Implant Illness ........................ 9 d. Facts Specific to Petitioners ................ 12 e. Facts and Allegations Specific to Men- tor ........................................................ 13 f. This Court’s Pronouncements Regard- ing MDA Preemption ........................... 17 3. Proceedings Below ..................................... 19 vi TABLE OF CONTENTS – Continued Page REASONS FOR GRANTING THE PETITION ... 20 1. Lower Courts Widely Acknowledge Diffi- culty in Applying the Buckman and Reigel “Parallel Claim” Analysis, Leading to In- consistent Rulings Among the Circuits; the Courts are Erroneously Applying an Ever-Narrowing “Narrow Gap” ................. 20 2. Buckman Does Not Apply to Manufactur- ers’ Post-Sale Submissions of False or In- accurate Adverse Event Reports ............... 23 a. Buckman Does Not Apply to Reports Submitted to the FDA for Reliance by Others .................................................. 24 b. Buckman Dos Not Apply to Manufac- turers’ Post-Sale Conduct .................... 26 3. Lower Courts, Including the Court Below, are Inappropriately Dismissing Claims of Defective Manufacture on Preemption Grounds, Because Preemption is an Af- firmative Defense; a Split Among the Cir- cuits Exists ................................................ 29 4. The Case Presents an Issue of National Importance ................................................. 38 CONCLUSION ..................................................... 41 vii TABLE OF CONTENTS – Continued Page APPENDIX United States Court of Appeals for the Ninth Circuit, Memorandum, Billetts, et al. v. Mentor Worldwide LLC, Filed Feb. 5, 2021 ................. App. 1 United States District Court, Central District of California, Order Granting Motion to Dismiss, Filed Aug. 27, 2019 ........................................... App. 6 United States Court of Appeals for the Ninth Circuit, Memorandum, Nunn, et al. v. Mentor Worldwide LLC, Filed Feb. 5, 2021 ............... App. 29 United States District Court, Central District of California, Order Granting Motion to Dismiss, Filed Aug. 1, 2019 ........................................... App. 34 United States Court of Appeals for the Ninth Circuit, Memorandum, Sewell, et al. v. Mentor Worldwide LLC, Filed Feb. 5, 2021 ............... App. 60 United States District Court, Central District of California, Order Granting Motion to Dismiss, Filed Aug. 27, 2019 ......................................... App. 65 United States Court of Appeals for the Ninth Circuit, Memorandum, Vieira v. Mentor World- wide LLC, Filed Feb. 5, 2021 ......................... App. 92 United States District Court, Central District of California, Order Granting Motion to Dismiss, Filed Aug. 1, 2019 ........................................... App. 97 Relevant Statutory and Regulatory Provisions .... App. 121 viii TABLE OF AUTHORITIES Page CASES ABB Turbo Sys. AG v. Turbousa, Inc., 774 F.3d 979 (Fed. Cir. 2014) ........................................... 33, 34 Allo v. Allergan USA, Inc., 2020 WL 814855 (E.D. La. 2020) ..................................................... 37 Anguiano v. E.I. DuPont de Nemours & Co., 808 F. Supp. 719 (D. Ariz. 1992), affirmed, 44 F.3d 806 (9th Cir. 1995) ................................................... 26 Ashcroft v. Iqbal, 556 U.S. 662 (2009) ............ 30, 31, 36 Babayev v. Medtronic, Inc., 228 F. Supp. 3d 192 (E.D.N.Y. 2017) ........................................................ 28 Bausch v. Stryker Corp., 630 F.3d 546 (7th Cir. 2010) ............................................................ 28, 31, 32 Bedoya v. Am. Eagle Express Inc., 914 F.3d 812 (3d Cir. 2019), cert. denied, 140 S. Ct. 102 (2019) ....................................................................... 33 Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) ........................................................... 30, 31, 36 Benson v. Fannie May Confections Brands, Inc., 944 F.3d 639 (7th Cir. 2019) .................................... 32 Billetts v. Mentor Worldwide LLC, 2019 WL 4038218 (C.D. Cal. Aug. 27, 2019) ...................... 1, 30 Billetts v. Mentor Worldwide LLC, 847 F. App’x 377 (9th Cir. Feb. 5, 2021) ................. 1, 20, 25, 26, 30 Brooks v. Mentor Worldwide LLC, 985 F.3d 1272 (10th Cir. 2021) ................................................ passim ix TABLE OF AUTHORITIES – Continued Page Brown v. Earthboard Sports USA, Inc., 481 F.3d 901 (6th Cir. 2007) ................................................... 33 Bruesewitz v. Wyeth LLC, 562 U.S. 223 (2011) ........... 33 Buckman Co. v. Plaintiffs’ Legal Comm., 531 U.S. 341
Load more

Recommended publications
  • Complaint (PDF)
    ATT: No (Attachments: No) Please print out and scan as first page for Complaints filed without attachments. MID-L-005993-18 10/08/2018 4:11:03 PM Pg 1 of 53 Trans ID: LCV20181750838 ROSS FELLER CASEY, LLP By: Robert Ross, Esquire (ID No. 28351986) Joel J. Feller, Esquire (ID No. 030791993) Brian J. McCormick, Jr., Esquire (ID No. 023981997) Dena R. Young, Esquire (ID No. 033022010) One Liberty Place 1650 Market Street, 34th Floor Philadelphia, PA 19103 Telephone: 215.574.2000 Fax: 215.574.3080 Attorneys for Plaintiffs KRISTEN WATSON and : JAMES WATSON IV, h/w : 1962 Winsome Lane : Adams, TN 37010, : SUPERIOR COURT OF NEW JERSEY : Plaintiffs : LAW DIVISION: MIDDLESEX COUNTY : v. : DOCKET NO. : Johnson & Johnson : One Johnson & Johnson Plaza : CIVIL ACTION New Brunswick, NJ 08933 : : Ethicon, Inc. : U.S. Route 22 : COMPLAINT Somerville, New Jersey, 08876 : : Mentor Worldwide LLC : 33 Technology Drive : Irvine, California, 92618, : : Defendants. : Plaintiffs Kristen and James Watson IV, h/w, by and through their attorneys, Ross Feller Casey, LLP, based on information and belief, and for causes of action against the Defendants Johnson & Johnson, Ethicon, Inc., and Mentor Worldwide, LLC, and each of them, hereby allege as follows: MID-L-005993-18 10/08/2018 4:11:03 PM Pg 2 of 53 Trans ID: LCV20181750838 INTRODUCTION 1. Plaintiffs KRISTEN AND JAMES WATSON IV, h/w, bring this action against Defendants Johnson & Johnson, Ethicon, Inc. and Mentor Worldwide LLC (“Mentor”) (hereinafter, collectively referred to as “Defendants”), and each of them, in relation to the design, manufacture, marketing, labeling and distribution of Mentor® Saline Breast Implants, the pervasive, reckless and continuous failure to comport with the Premarket Approval Application requirements imposed by the U.S.
    [Show full text]
  • Oct. 5-7, 2017
    2017 Navigating the Future: Individualizing Patient Care in the Face of Increasingly Complex Treatment Options OCT. 5-7, 2017 Bethesda North Marriott 5701 Marinelli Rd, Hotel & Conference Center Rockville, MD 20852 The Pulmonary Hypertension Association would like to thank Bayer HealthCare for sponsoring the 2017 PH Professional Network Symposium Program Book. Dear Friends Dear Friends, Welcome to the 2017 PH Professional Network Symposium, Navigating the Future: Individualizing Patient Care in the Face of Increasingly Complex Treatment Options. Since our last meeting in 2015, the field of pulmonary hypertension has continued to evolve with new medical and surgical treatment options and exciting research. With that in mind, our committee has worked diligently to provide an outstanding variety of topics and speakers that will build on our past knowledge as well as provide us with the newest advances in pulmonary Table of Contents hypertension. We have chosen sessions for both adult and pediatric health care professionals that we hope to be forward looking and inspirational. 1 Welcome to Symposium Symposium also provides a perfect backdrop for networking with your PH Welcome from the PHA colleagues. Evaluations from previous Symposia told us that this is one of 2 Board Chair the most valued aspects of our meeting. This year, we will host the second Symposium Networking Fun Walk, which supports PHA Conference patient Symposium History Highlights scholarships. The poster session will also be a great opportunity to engage in 3 thought-provoking discussion and ideas and this year, for the first time, CE Symposium Faculty and credits will be awarded for attending the poster session.
    [Show full text]
  • Hba 2015 Annual Report
    THE YEAR OF ALIGNMENT 2015 ANNUAL REPORT TABLE OF CONTENTS Letter from the President 1 HBA 2015 at a Glance 2 State of the HBA Finances 3 Successful Flagship Events 5 2015 HBA Woman of the Year and Honorable Mentor 6 2015 HBA STAR 7 2015 HBA Luminaries 8 2015 HBA Rising Stars 9 2015 HBA Annual Conference 10 HBA 2015 Annual Leadership Institute 12 2015 President’s Award, Innovation Award and Lead By Example Recognition 13 2015 Council of Chapter Presidents’ Award, Transformational Award and Chapter Excellence Awards 14 Building Awareness 15 2015 HBA Advisory Board 16 2015 HBA Corporate Partners and Sponsors 17 2015 HBA Woman of the Year Sponsors 18 2015 HBA Annual Conference Sponsors 19 Letter from the CEO 20 HBA 2015 ANNUAL REPORT LETTER FROM THE PRESIDENT AS WE in the HBA know well by now, the business of healthcare has been disrupted at every level. And research unequivocally shows that women have the skills—and the drive—to lead us all to success in the new health economy. But, with women still occupying less than five percent of healthcare leadership positions, the needle of gender parity is simply not moving quickly enough to get us there. My experience in rare disease—both as a healthcare businesswoman and as a mother—has taught me the power of collective action. Coming into my term as 2015 HBA president, my primary goal was to help the HBA to flex our full power by channeling our collective energy into creating the biggest impact possible for gender parity. Looking back on the year, I am proud to say that we’ve done just that.
    [Show full text]
  • Student Opportunities
    A Legacy of Caring Student Opportunities Throughout the Johnson & Johnson Family of Companies, we aim to make the world a better and healthier place through everything we do—the products we discover and develop, the positions we take on public policy issues, the way we run our business every day, and the programs and alliances we build and join. We see corporate citizenship, or sustainability, as intrinsic to all of Harnessing the sun’s power our activities, aligned with the spirit of caring that The Titusville campus of the emanates from Our Credo. Janssen Pharmaceutical Companies of Johnson & Johnson Sustainable business practices include quality and has the largest solar panel arrays safety, environmental protection and conservation in New Jersey. It is expected to Next Steps… of natural resources, improving access to health provide 70 percent of the site’s Would you like to be vital and make your care, ethical business practices, conducting annual electricity needs. mark within the Johnson & Johnson responsible research, and other areas. Through Family of Companies? our corporate giving, we work with partners on over 700 community-based programs that improve For more information and to apply for specific health and well-being in more than 50 countries. positions, please visit careers.jnj.com. In the last decade, Johnson & Johnson and its To use the “Search Jobs” function, first make operating companies have provided more than appropriate selections on the dropdown $4.3 billion in grants, product donations, and lists, then follow directions to view posted patient assistance. positions. Please apply only to positions in the country or countries where you are Green/Sustainability/Corporate Citizenship permanently authorized to work.
    [Show full text]
  • Manufacturers and Wholesalers Street City ST Zip Acorda Therapeutics
    Manufacturers and Wholesalers Street City ST Zip 454 Life Sciences 50 Industrial Rd. Branford CT 06405 Acclarent, Inc. 1525-B O'Brien Dr. Menlo Park CA 94025 Ace Surgical Supply, Inc. 1034 Pearl St. Brockton MA 02301 Acorda Therapeutics, Inc. 420 Sawmill River Road Ardsley NY 10532 Acorda Therapeutics, Inc. 15 Skyline Drive Hawthorne NY 10532 Actavis 400 Interpace Parkway Parsippany NJ 07054 Actelion Pharmaceuticals US, Inc. 5000 Shoreline Court, Suite 200 S. San Francisco CA 94080 A-Dec, Inc. 2601 Crestview Dr. Newberg OR 97132 Advanced Respiratory, Inc. Advanced Sterilization Products 33 Technology Drive Irvine CA 92618 Aegerion Pharmaceuticals, Inc. 101 Main Street, Suite 1850 Cambridge MA 02142 Afaxys, Inc. PO Box 20158 Charleston SC 29413 Affordable Pharmaceuticals, LLC Akrimax Pharmaceuticals, LLC 11 Commerce Drive, 1st Floor Cranford NJ 07016 Alamo Pharma Services, Inc. Alexion Pharmaceuticals, Inc. 352 Knotter Drive Cheshire CT 06410 Alkermes, Inc. 852 Winter Street Waltham MA 02451 Allen Medical Systems, Inc. 825 Winter Waltham MA 02461 Allos Therapeutics, Inc AMAG Pharmaceuticals, Inc. 1100 Winter Street Waltham MA 02451 Amarin Pharmaceuticals AMATECH Corporation American Homecare Federation 31 Moody Rd Enfield CT 06083 American Homecare Federation 95 E. Ashley Ave. West Springfield WA 01089 American Medical Systems, Inc. 1700 Bren Road West Minnetonka MN 55343 American Regent, Inc. Amgen, Inc. 1 Amgen Center Drive Thousand Oaks CA 91320 Amgen, USA Amphastar Pharmaceuticals, Inc. 11570 Sixth St. Rancho Cucamnga CA 91730 Amylin Pharmaceutical, Inc. 9360 Towne Center Drive San Diego CA 92121 Anda ApoPharma USA Inc. 9605 Medicl Center Dr., Suite 390 Rockville MD 20850 Applied Medical Distribution Corporation 22872 Avenida Empress Rancho Santa Margarita CA 92688 Applied Medical Resources Corporation 22872 Avenida Empress Rancho Santa Margarita CA 92688 Arbor Pharmaceutical LLC Arbor Pharmaceutical Sales LLC Arbor Pharmaceuticals, Inc.
    [Show full text]
  • 12Th Annual BMDA Conference
    12th Annual BMDA Conference “A Successful 21st Century Organisation” Riga 8th - 9th May 2014 The Role of the Board Setting and delivering the future Corporate Strategy – Fact or Fiction? Agenda - Boards • Definition • Always a force for Good? • Role(s) - Setting and Delivering future corporate strategy The Board? The Board? UK Board Legislation Role - Strategy • Competing (Real) Roles • Contacts • Market knowledge • Fund-raising • Corporate Strategy • Corporate Governance • (Shooting the CEO) • Competing (False) Roles • Competing Personal Roles Strategy • Setting (Revising) • Delivering What It Can Feel Like What It Should Feel Like Strategy – Case Histories • ARM • J&J • Eagle ARM Ltd, Cambridge ARM Holdings is the world’s leading semiconductor intellectual property company. We have licensed our technology over 1000 times to more than 350 companies, and our licensees have shipped over 50 billion ARM- based chips. Our technology continues to gain share in long-term structural growth markets such as mobile phones, consumer electronics and embedded digital services. Johnson & Johnson, US Acclarent, Inc Advanced Sterilization Products Division of Animas Corporation Ethicon Inc. Biosense Webster, Inc. Centocor Ortho Biotech Inc. Centocor Ortho biotech Products LP Codman & Shurtleff, Inc. Conor Medsystems, LLC Cordis Corporation DePuy Mitek, Inc. DePuy Orthopaedics, Inc DePuy Spine, Inc. Ethicon Endo-Surgery Services, LP Ethicon Products worldwide Division of Janssen Pharmaceuticals, Inc. Ethicon, Inc Janssen Products, LP Janssen Therapeutics, Division of Janssen J&J Consumer Companies, Inc. Products, LP J&J Wound Management Division of Ethicon J&J Gateway, LLC J&J Health Care Systems Inc. Inc. J&J Vision Care, Inc. JOM Pharmaceutical Services, Inc LifeScan, Inc. McNeil-PPC, Inc.
    [Show full text]
  • United States District Court Western District of Pennsylvania
    Case 2:21-cv-00639-DSC Document 1 Filed 05/13/21 Page 1 of 73 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA CHRISTINE McGEE Plaintiff, COMPLAINTAND v. JURY DEMAND 2:21-cv-639 JOHNSON & JOHNSON; CIVIL ACTION NO. ____________ ETHICON, INC.; and MENTOR WORLDWIDE LLC, Defendants. 1. This Complaint is brought on behalf of Plaintiff, Christine McGee, who suffered damages as a direct and proximate result of the negligent and wrongful misconduct of Defendants Mentor Worldwide LLC, Ethicon, Inc. and Johnson & Johnson (hereinafter referred to as “Defendants”) in connection with the research, testing, development, design, licensing, manufacture, packaging, labeling, distribution, sale, marketing, and/or introduction into interstate commerce of Mentor MemoryShape Siltex breast implants. As a result of having been surgically implanted with Mentor’s (textured) MemoryShape Siltex breast implants, Plaintiff Christine McGee (hereinafter referred to as “Plaintiff”) developed Breast-Implant Associated Large Cell Lymphoma (“BIA-ALCL”) and severe and personal injuries which are permanent and lasting in nature, including physical pain, mental anguish, diminished enjoyment of life, as well as the need for future medical treatment and follow-up. 2. Plaintiff Christine McGee files Complaint to bring parallel state-law claims that are not preempted by 21 U.S.C. § 360k(a). As shown herein, Mentor’s MemoryShape® textured Case 2:21-cv-00639-DSC Document 1 Filed 05/13/21 Page 2 of 73 breast implants (“the SILTEX implants”) caused Plaintiff to develop Breast Implant-Associated Large Cell Lymphoma (“BIA-ALCL”) that is a form of cancer as a direct and proximate result of violations of FDA laws, regulations and requirements applicable to manufacturing, warnings and post-marketing requirements.
    [Show full text]
  • 2021 SMDP Biotech Mentor Biographies
    2021 SMDP Biotech Mentors Khary Adams, MBA, Senior Director, Laboratory Animal Resources, Incyte Corporation Khary Adams has over 15 years of experience working in the pharmaceutical and life sciences industry and is currently Senior Director for Laboratory Animal Resources at Incyte Research Institute in Wilmington DE. In this role, Khary is responsible for management and oversight of the animal facility and laboratory animal care program. Khary is an active member of 3R’s IQ Consortium Leadership Group and is board member of the PA Society for Biomedical Research and Americans for Medical Progress. Khary received his Bachelor of Science in Biology/Animal Science from Virginia State University, Master of Science in Laboratory Animal Science from Drexel University College of Medicine and Master in Business Administration Pharmaceutical Management from Drexel University’s LeBow College of Business. Khary enjoys a very active lifestyle of running and exercise daily. Khary lives in the Old City neighborhood of downtown Philadelphia and has a hairless cat (sphynx), named Foxy. Lourdes Alonso, MD, Medical Science Liaison, Neurology & Immunology, Millipore Sigma Lourdes Alonso is a Medical Science Liaison in the United States for the Neurology & Immunology (N&I) Division of EMD Serono, the biopharma division of Merck KGaA, Darmstadt, Germany. In this field-based role within Medical Affairs, Lourdes is responsible for supporting the N&I pipeline through scientific communication and medical insights, with the primary responsibility of engaging key thought leaders and healthcare providers within the medical community in her respective territory (South Florida, Puerto Rico) and therapeutic area. Lourdes also delivers comprehensive scientific education on disease states, data on the therapeutic assets and research advances of strategic importance.
    [Show full text]
  • Celebrating Leadership
    Special Issue—Woman of the Year HBA May 2015 The Magazine of the Healthcdare Buvsinessawomenn’s Astsociaation ge Celebrating Leadership A roadmap to influence and impact Leaders of distinction Fitness and leadership Q&A with Moira Forbes NETWORK. INSIGHTS. RESULTS. When we work as one, you can lead your organization in delivering better health care for all. work as one DISCOVER MORE WAYS TO WORK AS ONE AT OUR WEBSITE WWW.ATHENAHEALTH.COM. athenehealth is a proud Emerald Elite Sponsor of the Healthcare Businesswomen’s Association and the Woman of Year. Celebrating leadership: Defining moments Defining moments A sphere of influence Talent, passion and conviction... Contents Each May, I look forward to Letter from the CEO ........................................................................... 3 our Woman of the Year event— the first of our two flagship events of the year—for a num- A roadmap to influence and impact ........................................4 ber of reasons. Yes, it’s exciting to see the impact of the HBA Celebrating leadership ...................................................................... 6 reflected in 2,200 healthcare executives filling the largest ball- Fit to Lead ..............................................................................................48 room in New York City. Yes, it’s wonderful to acknowledge the Q&A with Moira Forbes ................................................................. 52 growing number of Corporate Partners and other companies that support this event through Laurie Cooke their generous sponsorship, which helps us continue to fuel HBAdvantage our pipeline in pursuit of our mission and vision. And yes, it’s The Magazine of the Healthcare Businesswomen’s Association wonderful to reconnect with so many women of influence, our Laurie Cooke, RPh, CAE—CEO previous Women of the Year, past presidents and other HBA Carol Meerschaert, MBA, RD—Editor in chief leaders.
    [Show full text]
  • 1:20-Cv-03471 Document #: 370 Filed: 02/03/21 Page 1 of 27 Pageid #:27504
    Case: 1:20-cv-03471 Document #: 370 Filed: 02/03/21 Page 1 of 27 PageID #:27504 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION -------------------------------------------------------------- : JOHNSON & JOHNSON, ETHICON, INC., : Case No. 20-cv-3471 ETHICON US, LLC, and JOHNSON & : JOHNSON HEALTH CARE SYSTEMS INC., : : CONSENT JUDGMENT AND Plaintiffs, : PERMANENT INJUNCTION : v. : : ADVANCED INVENTORY MANAGEMENT, : INC. d/b/a ESUTURES.COM, ANTHONY : IADEROSA JR., JASON EINHORN, MIKE : PHIPPS, and MUDASSAR SHAH, : : Defendants. : --------------------------------------------------------------- On consent of Plaintiffs Johnson & Johnson, Ethicon, Inc., Ethicon US, LLC, and Johnson & Johnson Health Care Systems Inc. (collectively “Ethicon”) and Defendants Advanced Inventory Management, Inc. d/b/a eSutures.com (“AIM”), Anthony Iaderosa Jr., Jason Einhorn, and Mike Phipps (collectively, “eSutures”), it is hereby ORDERED, ADJUDGED, AND DECREED: WHEREAS, on July 31, 2020, Ethicon filed a First Amended Complaint in Johnson & Johnson et al. v. Advanced Inventory Management, Inc. d/b/a eSutures.com et al., No. 1:20-cv- 3471 (the “Action”) in the United States District Court for the Northern District of Illinois (the “Court”), asserting claims for, among other things, federal and state trademark infringement, false description and designation of origin in commerce, federal false advertising, federal and state trademark dilution and counterfeiting, state deceptive and unfair trade practices, common law unfair competition,
    [Show full text]
  • Meghan Marschall 201-323-0578 [email protected] Seema
    Contact: Meghan Marschall 201-323-0578 [email protected] Seema Kumar 908-405-1144 [email protected] Johnson & Johnson Innovation Announces Opening of the California Innovation Center First Collaboration and New Initiatives Originating from the California Innovation Center Announced as Johnson & Johnson Expands Presence on the West Coast MENLO PARK, Calif. (June 5, 2013) – Johnson & Johnson Innovation today announced the opening of the Johnson & Johnson California Innovation Center, one of four regional hubs being established in the world’s leading life science innovation hotspots. A part of Johnson & Johnson Innovation, the goal of the California Innovation Center is to advance healthcare by catalyzing collaborations in science and technology between regional innovators and the Johnson & Johnson Family of Companies across a diverse spectrum of early stage innovation. The California Innovation Center is home to a team of business, science and transaction experts who are focused on identifying and building novel early stage collaborations with emerging companies, entrepreneurs and academic centers across western North America. This team has full and broad deal-making capabilities, with flexibility to adapt deal structures to match early-stage needs and opportunities. “The California Innovation Center is part of Johnson & Johnson’s global innovation strategy to advance human health by collaborating with the world’s leading scientists and entrepreneurs,” said Paul Stoffels, M.D., Johnson & Johnson Chief Scientific Officer and Worldwide Chairman, Pharmaceuticals. “We look forward to deepening connections within the west coast life science ecosystem and nurturing healthcare innovation as well as economic prosperity in the region.” In conjunction with today’s grand opening of the California Innovation Center, Johnson & Johnson Innovation announced its first collaboration and new initiatives in the region: Signed Collaboration Deal with Second Genome – Second Genome has entered into an agreement with Janssen Biotech, Inc.
    [Show full text]
  • 2020 Annual Report • • Failure to Meet Compliance Obligations in the Mcneil-PPC, Inc
    Annual Report March 2021 To Our Shareholders At the start of 2020, no one could have imagined just how dramatically our world was about to change due to a virus that has impacted billions of people in every nation. By any measure, it was a year dominated by uncertainty—yet the pandemic helped to clarify our priorities and reinforce our values. And while the familiar yard signs may be faded now, their message is more resonant than ever: We’re all in this together. Because of COVID-19, we all have a profound new appreciation and gratitude for the doctors, nurses, and hospital staff serving on the front lines of care, and for the everyday heroism of the essential workers who show up 24/7 to keep the world’s critical healthcare infrastructure up and running. Expectations that companies must drive positive change on behalf of everyone—no matter who you are, or where you live—are higher than ever. And Alex Gorsky we were all served an important reminder about Chairman and Chief Executive Officer just how central good health is to our collective prosperity, our security, and our society at the most fundamental level. As the world’s largest and most Nothing is more essential to every person, every family, every town, and every nation on earth than broadly-based healthcare company, health. Whether COVID-19 touched you directly or we have both a unique perspective indirectly, no individual’s life was left unchanged by on global health and a profound the pandemic—and together we gained a shared understanding of a universal truth: No one is safe responsibility to lead when called.
    [Show full text]