Generic drug maker faces liability for out-of-date warning label

Published: June 18, 2013

Tags: failure to warn, Fosamax, generic drug litigation, PLIVA v. Mensing, product liability

Federal law does not preempt a product liability suit alleging that the maker of a generic form of Fosamax failed to update its warning label in conformity with revised brand-name warnings, the California Court of Appeal has ruled in affirming judgment.

Blinded employee settles case for $14M

By: Peter Vieth
Published: June 10, 2013

Tags: product liability

A Virginia machine shop employee blinded in a 2009 accident involving an automated machine tool has settled claims for a total of $14 million. The settlement in the products liability case has a total payout of $16.5 million.

Car dealer isn’t liable for unexplained airbag deployment

Published: June 3, 2013

Tags: airbags, negligence, product liability, res ipsa loquitur

A car buyer injured by spontaneously deploying airbags could not hold the seller liable under the doctrine of res ipsa loquitur, the Rhode Island Supreme Court has ruled in affirming a summary judgment.

Benchmarks: Mo. court reinstates $28M punitive award for fatal plane crash

By: Pat Murphy
Published: May 20, 2013

Tags: aviation litigation, product liability, punitive damages

The third time apparently is a charm. After an award of $28 million in punitive damages in a product liability case over a fatal plane crash twice failed to pass judicial scrutiny, a Missouri appellate court sitting en banc decided that the jury had it right in the first place.

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.

N.Y. smokers can’t sue Philip Morris

Published: May 6, 2013

Tags: cigarettes, medical monitoring, negligence, Philip Morris, product liability, strict liability, tobacco litigation

Long-time smokers could not sue Philip Morris for manufacturing cigarettes that allegedly contained unnecessarily dangerous levels of carcinogens, the 2nd U.S. Circuit Court of Appeals has ruled in affirming a dismissal.

J&J chalks up win in second DePuy ASR hip trial

Published: May 1, 2013

Tags: ASR hip implants, DePuy hip litigation, DePuy Orthopaedics, Johnson & Johnson, product liability

A Chicago jury has decided that Johnson & Johnson’s DePuy Orthopaedics unit is not liable for the failure of a metal-on-metal hip implant that failed three years after an Illinois woman’s hip-replacement surgery.

Benchmarks: Cooper Tire must pay $33M in fatal van rollover

By: Pat Murphy
Published: April 29, 2013

Tags: Cooper Tire, product liability, rollover, tires, tread separation

An Iowa court last week upheld a $32.8 million verdict in favor of plaintiffs who alleged that tread separation in a Cooper Tire product was the cause of a 2007 van rollover that killed one person and injured five.

First gadolinium injury trial yields $5M verdict

By: Pat Murphy
Published: April 23, 2013

Tags: gadolinium, GE Healthcare, MDL, multidistrict litigation, nephrogenic systemic fibrosis, Omniscan, product liability

A federal jury in Ohio has awarded $5 million in the first case to go to trial in the multidistrict litigation involving patients who claim injury from the body scan contrast agent gadolinium.

Mass tort builds over Mirena IUD injuries

By: Sylvia Hsieh
Published: April 5, 2013

Tags: Bayer Healthcare, contraceptives, mass tort, Mirena IUD, product liability

A mass tort is taking shape over the Mirena IUD, a device that many women claim migrates after insertion and becomes embedded in the uterus or punctures organs, requiring surgical removal and sometimes causing infection and other injuries.

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