Personal Injury Products Liability

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Seventh Circuit Holds that FDAAA Does Not Affect Mensing/Bartlett Preemption

When we first set foot on the University of Chicago Law School campus back in 1982, Chicago sports were a mess. But quickly – certainly more quickly than our ability to grasp the Rule in Shelley’s Case, Last Clear Chance, or...more

Expert Who Admitted That He Was Unqualified and That His Opinions Lacked Methodology Not Allowed to Testify in Zoloft Litigation.

Last week, the Drug and Device Law Lifelong BFF asked us if we were interested in a quick trip to New York to use tickets for an early morning taping of “Live with Kelly.” Sure, we said – sounds like fun. And so, after...more

FDA lets medical device-makers report safety woes in lax, secretive ways

Instead of acting as a tough federal watchdog that protects and informs patients about problems with medical devices-from heart valves to drug pumps-the federal Food and Drug Administration all too often has served as an...more

New Win for Old Spice

Procter & Gamble was sued this March in the Southern District of Ohio by about 180 persons claiming they had bought and were injured by applying thirteen different Old Spice deodorant products manufactured and sold by P&G. ...more

Homeopathic Teething Products Linked to Child Deaths, FDA Says

Belladonna is blamed for the deaths of 10 babies. The parents treated their teething phase with homeopathic teething products (gels and tablets) containing the natural substance. Another name for belladona is deadly...more

The Learned Intermediary Rule in Consumer Protection Claims

We recently posted about a new California decision that was notable, in part, because it applied the learned intermediary rule to often-asserted (and equally often abused) California consumer protection statutes. See Andren...more

Child Strollers Recalled Due to Safety Defect

CPSC Recalls Safety 1st Brand Strollers Because of Child Injury Risk - Is the stroller that you currently use safe? According to a recent article from ABC News, around 20,000 strollers have been recalled due to a “defect...more

Massachusetts Rebuffs Latest Plaintiff Attack on Reproductive Choice

We’ve often thought that tort reform should be a major goal of those interested in preserving women’s reproductive choice. Every prescription medicine has risks, which is why the FDA requires a prescription in the first...more

Stryker Accolade V40 LFIT Hip Implant Dissociation – What Are the Experts Saying?

Over the past few years, various orthopedic surgeons around the country and their patients have been faced with a catastrophic failure of Stryker’s Accolade and V40 LFIT hip implants and incredible challenges for the...more

M.D. Pa. Finds No Specific Personal Jurisdiction over Parent Company

Not all personal jurisdiction cases coming out of Pennsylvania are bad. To be sure, an ED Pa judge’s recent embrace of the consent theory to get around Bauman was bad news – almost as bad as Philadelphia 76ers soon-to-be...more

Regulatory and Product Liability Overview for Distributors of Food Products in California

Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product...more

Lithium-Ion Batteries: Small Products, Big Exposures

They are everywhere: in your pocket, in your car, in your hands, in your lap and even “in your face.” Lithium-ion batteries are in nearly every product that has become a staple of modern life, such as smartphones,...more

Viagra — Developments in Litigation

There have been some very recent developments in the national litigation regarding the erectile dysfunction (ED) drug Viagra and the allegation that its use increases a patient’s risk of developing melanoma. Judge Seeborg,...more

Florida Tightens the Reins on Proving Causation in Asbestos Claims

On September 14, 2016, Florida joined a growing number of jurisdictions that reject the “any exposure” theory of proving causation. Variously known as the “cumulative exposure” or “each and every exposure” theory, it is based...more

Colorado Supreme Court Limits Jurisdiction Over Manufacturers

The Colorado Supreme Court has joined a number of other federal and state courts in limiting the extent to which product manufacturers can be subjected to a state’s general personal jurisdiction, even when the manufacturer's...more

Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases

Courts across the country are beginning to consider the argument that the Affordable Care Act (ACA) serves as a vehicle to limit a plaintiff’s claim for future medical damages. Plaintiffs often use exaggerated life care plans...more

Another Make Work Project In New Jersey – Duty To Update Claims

The United States Supreme Court has said it – the test for implied preemption under 21 U.S.C. §337(a) (the FDCA’s no-private-enforcement provision) is whether the purported state-law cause of action would exist even in the...more

Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

A decision out of the U.S. District Court for the District of Hawaii joins a growing list of holdings reaffirming the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is...more

Pokémon Oh No! Augmented reality raises specter of personal injury claims: M&R Blog

There’s no denying it—Pokémon have taken over the country and, as of the popular app’s launch in more than 30 countries over the past few weeks, the world. As the media is eager to point out, the game’s launch has not been...more

Federal Court Dismisses Essure Complaint

A couple of weeks ago we reported on our visit to the Women’s Health Litigation Conference. One of the conference panels discussed the most interesting ongoing litigations involving women’s health products. Essure, a...more

NJ Supreme Court Opens Door to More Take-Home Exposure Claims against Landowners

On July 6, 2016, in Schwartz v. Accuratus Corporation, No. A-73-14-076195, the New Jersey Supreme Court held that individuals other than spouses exposed to take-home toxins may pursue claims against landowners....more

Lawsuits underscore need for caution with sperm banks

A reported rash of new lawsuits offers a poignant, sadly recurrent reminder: Aspiring parents who rely on commercial sperm banks for critical reproductive tissues must heed an ancient consumer prescription: caveat emptor. The...more

Augmenting Reality: A Pokémon Go Business and Legal Primer

We have become inured to the sight of people staring at their phones rather than engaging with one another or enjoying their real-life surroundings. But, over the past two weeks, enslavement to mobile devices rose to new...more

$70 million assessed against J&J for boy who grew breasts from Risperdal

A Tennessee teen-ager suffered such emotional distress after growing enlarged breasts as an undisclosed side-effect of an anti-psychotic medication that the drug’s maker should pay him $70 million in damages, a Philadelphia...more

Sad Stories From Recalled Jeep Grand Cherokee

A vehicle flagged for a potentially fatal flaw in April 2016 has been linked to hundreds of needless accidents and injuries and now a death. Actor Anton Yelchin, 27, was killed two months after the automaker issued a recall...more

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