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.
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.
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.
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.
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.
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.
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.
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.
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.
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.