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Federal law preempts Motrin claim 

Published: February 27, 2012

Tags: failure to warn, fraud on the FDA, Motrin, preemption, product liability

Federal law preempts a product liability suit alleging that a drug maker misrepresented material information in obtaining Food and Drug Administration approval for its over-the-counter pain reliever, the 5th Circuit has ruled in affirming a summary judgment.

Apartment complex must pay $20 million to rape victim 

Published: February 16, 2012

Tags: apartment, failure to warn, rape, sexual assault, Texas

A Harris County, Texas jury has awarded $20 million in damages to a rape victim who sued her apartment complex for failing to notify residents about previous sexual attacks on the property.

Tort litigation trends, major verdicts make news in 2011 

Published: January 5, 2012

Tags: asbestos, Botox, brain fog, brain injury, class action, erectile dysfunction, failure to warn, frakking, hair loss, health risks, hepatitis, implied preemption, mesothelioma, natural gas, nuisance, pelvic mesh, Propecia, property devaluation, Proscar, technology, tort claims, tort climate, Twiqbal, U.S. Supreme Court

The past year featured a flurry of activity on the personal injury and tort scene, with several new drug and device developments, significant U.S. Supreme Court rulings and some staggering verdicts.

Here’s a wrap-up of the highlights of personal injury and
» Continue Reading.

Failure-to-warn lawsuits over hair loss drug on the rise 

By: Sylvia Hsieh
Published: December 20, 2011

Tags: failure to warn, hair loss, prescription drugs, Propecia, Proscar, side effects

Lawsuits over the hair loss drugs Propecia and Proscar have been filed in federal and state courts alleging side effects that include erectile dysfunction, infertility, depression and suicide.

Prempro breast cancer cases settle after jury awards $76 million 

By: Sylvia Hsieh
Published: December 15, 2011

Tags: breast cancer, failure to warn, Pennsylvania, Premarin, Prempro, prescription drugs, Provera

After a jury in Philadelphia awarded $76 million in compensatory damages to three women who claimed that the hormone therapy drugs Prempro, Premarin and Provera caused their breast cancer, drug maker Wyeth Pharmaceuticals settled the cases for a confidential amount.

Railroad preemption case lands at Supreme Court 

By: Kimberly Atkins
Published: November 9, 2011

Tags: failure to warn, Locomotive Inspection Act, preemption, Supreme Court

WASHINGTON – The justices of the U.S. Supreme Court are set to decide whether a state law tort suit involving a railroad worker who died from on-the-job asbestos exposure is preempted by a federal railroad inspection law.

Zoloft birth defect suit filed in Ohio 

Published: October 14, 2011

Tags: anti-depressants, birth defects, defective manufacturing, design defect, failure to warn, FDA, Pfizer, selective serotonin reuptake inhibitors, SSRI, Zoloft

A woman’s ingestion of the antidepressant Zoloft during pregnancy caused a fatal birth defect in her child, according to a new lawsuit filed against drug make Pfizer in Ohio state court.

Man awarded $48 million in Motrin illness case 

Published: October 4, 2011

Tags: California, failure to warn, Motrin, skin disorder

A jury has awarded $48.1 million to a Westchester, Calif. man with a rare, severe skin disorder that he said was caused by the pain reliever Motrin.

Discovery expanded in Yaz, Yasmin multidistrict litigation 

Published: August 3, 2011

Tags: Bayer, birth control, Discovery, drug litigation, failure to warn, MDL, multidistrict litigation, Yasmin, Yaz

Discovery in the multidistrict litigation over the birth control drugs Yaz/Yasmin has been expanded beyond the 24 selected bellwether cases.

Aluminum bat maker liable for pitcher’s death 

Published: July 26, 2011

Tags: failure to warn, product liability, strict liability

An aluminum baseball bat manufacturer is liable for the death of an 18-year-old pitcher who was struck in the head by a batted ball, the Montana Supreme Court has ruled in affirming an $850,000 jury verdict.