Calif. judge tosses $6.5M verdict in first Actos trial 
Published: May 14, 2013
Tags: Actos, design defect, expert testimony, failure to warn, product liability, Takeda Pharmaceuticals
A California judge has thrown out a $6.5 million product liability verdict against Takeda Pharmaceuticals, deciding that a key expert witness should not have been allowed to testify that the diabetes drug Actos was the cause of a man’s bladder cancer.
Justices look for line to draw in drug preemption case
By:
Kimberly Atkins
Published: March 20, 2013
Tags: design defect, drug litigation, federal preemption, implied preemption, U.S. Supreme Court
WASHINGTON – Deciding where the preemptive effect of federal rules governing drug manufacturing ends and states’ ability to impose liability on drug makers begins has never been an easy task — not even for the justices of the U.S. Supreme Court.
On Tuesday, the justices wrangled once again over the preemptive reach of the federal Food, Drug and Cosmetic Act in an effort to decide whether the law prevents design defect claims against generic drug manufacturers.
Stryker not strictly liable for design defect
Published: December 4, 2012
Tags: design defect, Howmedica Osteonics, product liability, strict liability, Stryker Corp.
Medical device makers could not be held strictly liable for an alleged design defect in a surgically implanted prosthetic device, the California Court of Appeal has ruled in affirming a summary judgment.
Justices to rule on preemption of drug design defect claims
Published: November 30, 2012
Tags: design defect, generic drug litigation, PLIVA v. Mensing, preemption, U.S. Supreme Court, Wyeth v. Levine
The U.S. Supreme Court has agreed to decide whether federal law preempts state law design defect claims targeting generic pharmaceutical products.
Vaccine Act bars parents’ wrongful death claims
Published: September 28, 2012
Tags: design defect, failure to warn, product liability, Vaccine act
The standards of the federal Vaccine Act applied to bar the wrongful death claims of the parents of a child who died after receiving a measles vaccine made by Merck, the 9th Circuit has ruled in affirming a summary judgment.
Crocs isn’t liable for child’s escalator injuries
Published: September 20, 2012
Tags: design defect, failure to warn, product liability
Crocs did not have a duty to warn that its resin sandals posed a risk to young children riding escalators, a U.S. District Court in Massachusetts has ruled in granting summary judgment.
State-law Raptiva suits preempted
Published: September 10, 2012
Tags: Buckman Co. v. Plaintiffs’ Legal Committee, design defect, failure to warn, FDA, Food and Drug Administration, Genentech, negligence, preemption, product liability, psoriasis, Raptiva
Federal law preempted Michigan product liability actions that alleged injuries from the psoriasis drug Raptiva, the 6th Circuit has ruled in affirming judgment.
Seatbelt expert couldn’t testify in Ford rollover case
Published: August 22, 2012
Tags: Daubert, design defect, expert witnesses, Ford, product liability, rollover, seatbelt litigation
An expert in a product liability case was not qualified to testify that the plaintiff’s injuries were caused by a defective seatbelt buckle in a Ford automobile, the 10th Circuit has ruled in reversing a $4.5 million judgment.
Benchmarks: Chevron escapes $15M asbestos verdict
Published: June 8, 2012
Tags: asbestos, design defect, flosal, product liability
The Mississippi Supreme Court yesterday overturned a $15 million asbestos verdict against Chevron Phillips, concluding that the jury heard inadmissible evidence overestimating the amount of asbestos-containing Flosal that a retired oil rig worker handled during his career.
Benchmarks: Calif. lawyer says Zicam caused his loss of smell
Published: May 25, 2012
Tags: design defect, fraudulent concealment, Matrixx Initiatives, product liability, Zicam
A California lawyer won a partial victory last week in a federal lawsuit alleging that Zicam nasal spray caused his loss of smell.
