product liability « Lawyers USA Online

Navy vets can’t proceed with asbestos suits

Published: February 7, 2012

Tags: asbestos, mesothelioma, negligence, product liability, strict liability

Manufacturers of machinery used in U.S. Navy ships are not liable for injuries caused by asbestos products manufactured by others but used in conjunction with their asbestos-free products, a U.S. District Court in Pennsylvania has ruled in granting summary judgment.

Stryker hip suit isn’t completely preempted

Published: February 3, 2012

Tags: FDA, hip replacement, Medical Device Amendments, preemption, product liability

Federal law regulating medical devices doesn’t completely preempt the claims of a plaintiff who alleged that a hip replacement product malfunctioned and caused him injury, the 5th Circuit has ruled.

Texas woman sues Merck over injuries caused by NuvaRing

Published: February 2, 2012

Tags: deep-vein thrombosis, Merck, Nuvaring, product liability

A Texas woman claims in a $10 million lawsuit against Merck that she suffered deep-vein thrombosis as a result of using the NuvaRing birth control device.

Federal law preempts Medtronic pain pump suit

Published: January 30, 2012

Tags: Medical Device Amendments, Medtronic, preemption, premarket approval, product liability, Riegel v. Medtronic

Federal law regulating medical devices preempted product liability claims brought by a woman whose husband allegedly received a fatal overdose of medication from a Medtronic drug infusion system, the 4th Circuit has ruled in affirming judgment.

Hip prosthesis maker isn’t liable for design defect

Published: January 30, 2012

Tags: design defect, product liability

A product liability plaintiff failed to establish liability on the basis that a hip prosthesis was defective because it had a modular rather than a monolithic design, a U.S. District Court in Illinois has ruled in granting summary judgment.

Government immune in suits over toxic FEMA trailers

Published: January 26, 2012

Tags: Federal Tort Claims Act, FEMA, FTCA, jurisdiction, product liability, sovereign immunity

The federal government was immune from liability in lawsuits brought by hurricane victims who were allegedly exposed to dangerous levels of formaldehyde while living in emergency housing units, the 5th Circuit has ruled in affirming a dismissal.

Asbestos suit barred by component parts defense

Published: January 18, 2012

Tags: asbestos, mesothelioma, product liability, strict liability, wrongful death

Machinery manufacturers could not be liable for wrongful death allegedly caused by asbestos-containing parts and insulation used in the operation of their products, the California Supreme Court has ruled.

Pa. court reinstates $28M punitive award in HRT case

Published: January 10, 2012

Tags: breast cancer, HRT litigation, Premarin, Prempro, product liability, Provera, Upjohn, Wyeth

A $28 million award of punitive damages was not unconstitutionally excessive in a product liability case brought by a woman who contracted breast cancer after taking hormone replacement therapy drugs, a Pennsylvania appellate court has ruled in reversing judgment.

Wyeth’s marketing efforts admissible in Prempro case

Published: January 10, 2012

Tags: breast cancer, HRT litigation, Prempro, product liability, Wyeth

Evidence of Wyeth’s marketing campaign for “off-label” Prempro uses was admissible in a product liability case brought by a woman who contracted breast cancer after taking the drug, a Pennsylvania appellate court has ruled.