Fla. court overturns $80 million smoker verdict 
Published: April 11, 2012
Tags: Engle litigation, product liability, R.J. Reynolds, tobacco litigation
The daughter of a cigarette smoker who died from lung cancer failed to show that she suffered compensatory damages in an amount that would justify a multi-million dollar jury verdict, the Florida Court of Appeal has ruled.
$70.5 million won in ‘textbook’ products liability trial
By:
Sylvia Hsieh
Published: April 10, 2012
Tags: General Electric, negligence, product liability
A small firm lawyer representing two helicopter pilots has won a $70.5 million verdict against General Electric, the maker of the copter’s twin engines.
Taser needn’t pay $10M for wrongful death
Published: April 4, 2012
Tags: product liability, Taser, wrongful death
A $10 million jury award in a Taser wrongful death case was excessive because it failed to reflect the present value of the services that the decedent would have provided to his parents over his projected lifetime, a U.S. District Court in North Carolina has ruled.
Calif. attorney, clients can’t be sued in Kansas
Published: April 3, 2012
Tags: jurisdiction, malicious prosecution, product liability
A California attorney and his clients were not subject to the long-arm jurisdiction of Kansas courts when they were sued for malicious prosecution, the Kansas Court of Appeals has ruled in affirming a dismissal.
Surgical stapler subject to broad risk-utility test
Published: March 28, 2012
Tags: design defect, gastric bypass surgery, product liability, risk-utility test
The risk-utility analysis in a defective design case involving a multi-use surgical stapler was not limited to the particular use that injured the patient, the Pennsylvania Supreme Court has ruled.
Take-home asbestos plaintiff didn’t show duty of care
Published: March 27, 2012
Tags: duty of care, mesothelioma, product liability, take-home asbestos
A take-home asbestos plaintiff failed to alleged sufficient specific facts for the recognition of a duty of care, the Illinois Supreme Court has ruled.
First Pradaxa suits filed in federal court
Published: March 26, 2012
Tags: atrial fibrillation, blood thinners, drug litigation, FDA, Food and Drug Administration, Pradaxa, product liability
What are believed to be the first three product liability suits over the blood thinner Pradaxa were filed earlier this month in federal courts in Kentucky, Louisiana and Tennessee.
Medtronic defibrillator claim may proceed
Published: March 13, 2012
Tags: Medtronic, product liability
Medtronic may be liable for manufacturing a defibrillator that allegedly confused users as to the appropriate setting for restoring a patient’s heart beat to a normal rhythm, the Missouri Court of Appeals has ruled in reversing a summary judgment.
Prempro plaintiff can’t show causation, District Court rules
Published: March 13, 2012
Tags: breast cancer, causation, failure to warn, hormone replacement therapy, Premarin, Prempro, product liability, Provera, Upjohn, Wyeth
A product liability plaintiff could not show that the alleged failure of pharmaceutical companies to warn about the dangers of their hormone therapy drugs was the proximate cause of her breast cancer, a U.S. District Court in South Carolina has ruled in granting summary judgment.
Preemptive strike to failure-to-warn leaves lawyers leery
By:
Kimberly Atkins
Published: March 8, 2012
Tags: failure to warn, preemption, product liability, Supreme Court
WASHINGTON – The confusing state of the U.S. Supreme Court’s preemption jurisprudence got trickier late last month with a ruling throwing out a state-based failure-to-warn claim on the grounds that federal law occupied the field of locomotive safety.
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