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.
Generic Reglan claim isn’t preempted
Published: March 18, 2013
Tags: failure to warn, Food Drug and Cosmetic Act, PLIVA v. Mensing, preemption, Reglan
Federal law does not preempt a product liability suit against drug maker PLIVA based on the company’s alleged failure to update its warning label for the generic form of Reglan, the 6th U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
Fla. jury awards $250K in Zometa jaw injury suit
Published: March 18, 2013
Tags: failure to warn, loss of consortium, Novartis Pharmaceuticals, osteonecrosis, product liability, Zometa
A federal jury has awarded $250,000 to a Florida couple who claimed Novartis Pharmaceuticals failed to adequately warn of the risk of osteonecrosis of the jaw from taking the bone strengthening drug Zometa.
J. Hunter Chiles III will received $200,000 in compensatory damages under a » Continue Reading.
Mass. jury awards $63M for child’s reaction to Motrin
By:
Correy Stephenson
Published: March 1, 2013
Tags: Children’s Motrin, consumer protection, drug litigation, failure to warn, FDA, Food and Drug Administration, Johnson & Johnson, Motrin, preemption, Stevens-Johnson Syndrome, Toxic Epidermal Necrolysis
A Massachusetts jury awarded $63 million to a teenaged girl and her parents after the girl suffered an adverse reaction to Children’s Motrin that left her scarred and blind, with permanent brain and lung damage.
And the award may increase.
Fosamax suit can’t proceed based on ‘sham’ issue
Published: February 4, 2013
Tags: expert testimony, failure to warn, Fosamax, Merck, osteonecrosis, product liability
Irreconcilable contradictions in expert testimony prevented a product liability plaintiff from establishing that Merck failed to provide adequate warnings with the osteoporosis drug Fosamax, the 2nd Circuit has ruled in affirming judgment.
Generic drug user can sue brand-name manufacturer
Published: January 16, 2013
Tags: drug litigation, failure to warn, fraudulent misrepresentation, Reglan
State law allows the user of a generic drug to sue the maker of the name-brand drug for fraudulent misrepresentation, the Alabama Supreme Court has ruled in answering a certified question from a U.S. District Court.
Medtronic pain pump claim isn’t preempted
Published: January 15, 2013
Tags: failure to warn, FDA, Food and Drug Administration, Medical Device Amendments to the Food Drug and Cosmetic Act, Medtronic, preemption, product liability
Federal law does not preempt a state failure-to-warn lawsuit brought by a man who claimed he suffered paralysis as the result of the surgical implantation of a Medtronic pain pump, the en banc 9th Circuit has ruled.
The decision overturns a contrary panel ruling. (See “» Continue Reading.
Class action alleges deceptive marketing of Monster Energy drinks
Published: January 9, 2013
Tags: class actions, consumer protection, deceptive marketing, ENERGY DRINKS, failure to warn, FDA, Food and Drug Administration, Magnuson-Moss Warranty Act, Monster Energy
Monster-brand energy drinks are marketed as being conventional carbonated beverages despite containing “dangerously high” amounts of caffeine, according to a new consumer class action filed in California federal court.
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.
