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Stryker isn’t liable for pain-pump injury 

Published: May 23, 2012

Tags: failure to warn, pain pump, product liability

A medical device manufacturer didn’t violate a duty to warn a patient who allegedly suffered the destruction of cartilage as a result of a pain pump used following shoulder surgery, the 6th Circuit has ruled in affirming a summary judgment.

Benchmarks: Select Comfort mold claim gets green light 

Published: May 23, 2012

Tags: design defect, failure to warn, negligence, product liability, strict liability, toxic mold

A federal judge on Monday gave the go ahead to a product liability lawsuit filed by a California woman who claimed she suffered injuries from a mass of toxic mold growing in her Sleep Number mattress.

State attorneys general push for generic drug legislation 

Published: May 18, 2012

Tags: Congress, failure to warn, PLIVA v. Mensing, Supreme Court

WASHINGTON – State attorneys general are urging Washington lawmakers to pass a bill that would allow generic drug makers to face the same liability as brand name drug companies for failing to include adequate warnings on drug labels.

Ruling may save suits against generic drug makers 

By: Sylvia Hsieh
Published: May 9, 2012

Tags: drug litigation, failure to warn, Federal Food Drug and Cosmetic Act, federal preemption, generic drug litigation, generic drugs, PLIVA v. Mensing, preemption, product liability, Wyeth v. Levine

Since last year, when generic drug makers won a victory on the issue of federal preemption before the U.S. Supreme Court, lower courts have been dismissing cases against generic drug makers left and right.

But last week a federal appeals court issued a ruling that gives plaintiffs a long-awaited opening in those suits.

Grinding machine maker may have asbestos liability 

Published: May 9, 2012

Tags: asbestos, design defect, failure to warn, product liability, strict liability

The manufacturer of a brake grinding machine can be sued for asbestos exposure suffered by equipment operators, even though other manufacturers’ products were the source of the asbestos, the California Court of Appeal has ruled in reversing a dismissal.

Whirlpool mold cases can proceed as class action 

Published: May 7, 2012

Tags: breach of warranty, consumer protection, failure to warn, negligent design

Class status was properly granted to Ohio consumers who claimed they experienced mold contamination as a result of defectively designed Whirlpool front-load washers, the 6th Circuit has ruled in affirming judgment.

Kia wrongful death suit claims Optima seats collapsed 

Published: April 5, 2012

Tags: design defect, drunk driving, failure to warn, Kia Motors, Optima, wrongful death

Kia Motors is liable for death and injury resulting from the alleged collapse of both front seats in a 2006 Optima that was rear-ended by a drunk driver, according to a lawsuit filed last month in Madison County, Ill.

Prempro plaintiff can’t show causation, District Court rules 

Published: March 13, 2012

Tags: breast cancer, causation, failure to warn, hormone replacement therapy, Premarin, Prempro, product liability, Provera, Upjohn, Wyeth

A product liability plaintiff could not show that the alleged failure of pharmaceutical companies to warn about the dangers of their hormone therapy drugs was the proximate cause of her breast cancer, a U.S. District Court in South Carolina has ruled in granting summary judgment.

Preemptive strike to failure-to-warn leaves lawyers leery 

By: Kimberly Atkins
Published: March 8, 2012

Tags: failure to warn, preemption, product liability, Supreme Court

WASHINGTON – The confusing state of the U.S. Supreme Court’s preemption jurisprudence got trickier late last month with a ruling throwing out a state-based failure-to-warn claim on the grounds that federal law occupied the field of locomotive safety.

Walgreens sued for fatal prescription mixup 

Published: March 2, 2012

Tags: breach of warranty, failure to warn, medication error, strict liability, Walgreens

Walgreens is being sued after the death of an elderly Kentucky woman whose pharmacist allegedly gave her the dangerous antihistamine Hydroxyzine instead of the high blood pressure medication Hydralazine prescribed by her doctor.