Failure To Warn

Jury Buys Plaintiff’s Argument That Drug Manufacturer Should Have Distributed Dear Doctor Letter Sooner, Without Prior FDA...

by Ellen Adler, James W. Huston, Joanna Simon | Morrison & Foerster LLP on 5/16/2013

Dear Doctor letters were front and center in the just-tried case of Tietz v. Abbott Laboratories, Inc., et al., No. 12-L-002715. On Thursday, May 9, 2013, a Chicago jury returned a $2.2 million verdict in favor of the...more

Well-Known Defective Product Cases

by Lanier Law Group, P.A. on 4/17/2013

When you purchase a product, whether it's a new car or phone, you expect that it will work properly. However, some products not only fail to function as promised, but can actually cause you harm. If you use a product in the...more

A Narrow Exception To The Mensing Preemption Defense

by Erin M. Bosman, Jeffrey M. David, James W. Huston, Julie Y. Park | Morrison & Foerster LLP on 4/8/2013

The Sixth Circuit recently held that a failure-to-warn claim could proceed against a generic manufacturer that had failed to timely follow the brand-name label. Fulgenzi v. Pliva Inc., Case No. 12-3504 (6th Cir. March 13,...more

Mind the Gap: Sixth Circuit Finds Room for Suit Against Generic Manufacturers After Mensing

by Erin M. Bosman, Jeffrey M. David, James W. Huston, Julie Y. Park | Morrison & Foerster LLP on 3/15/2013

Yesterday, the Sixth Circuit issued its decision in Fulgenzi v. PLIVA, Inc., a case involving a state law claim for failure to warn against a generic drug manufacturer. Case No. 12-3504 (6th Cir. March 13, 2013). The court...more

DePuy Owes $8.3M After First Hip Replacement Trial

by Michele Bowman | Lawyers.com on 3/14/2013

A jury in California on Mar. 8 ordered DePuy Orthopaedics to pay over $8.3 million to a man who says the Johnson & Johnson subsidiary knowingly made and marketed a faulty hip replacement device. ...more

Partial Verdict of $3.35 Million Handed Down in First Transvaginal Mesh Trial

by Audet & Partners, LLP on 2/25/2013

In the first jury verdict to rule on whether Johnson & Johnson (J&J)’s Ethicon unit failed to properly warn of the risks of the vaginal mesh implant, Linda Gross, a 47 year-old South Dakota nurse, today was awarded $3.35...more

Jury Awards $63M to Girl Almost Killed by Children’s Motrin

by Sylvia Hsieh | Lawyers.com on 2/18/2013

A jury has awarded $63 million to the family of a 7-year-old girl who lost her eyesight and nearly died after taking Children’s Motrin. The popular drug can cause a rare disease known as toxic epidermal necrolysis, or...more

Second Circuit Labels Expert’s Testimony a Sham in Pharmaceutical Products Liability Litigation

by Mark Spatz | Cohen & Gresser LLP on 2/7/2013

As a little kid, I did not have an immediate appreciation that my actions could get me into trouble, and so, without thought, I told the truth. My dad would ask, “Did you write your name on the wall?” I would respond,...more

First DePuy Hip Replacement Suit Goes to Trial

by Michele Bowman | Lawyers.com on 1/29/2013

Opening arguments took place Jan. 25 in the trial of a lawsuit brought in California against Johnson & Johnson by a patient who received the company’s allegedly faulty “ASR” implant in hip replacement surgery....more

Weeks Defies Years of Jurisprudence, Allowing Innovator Liability for Generic Drugs

by Erin M. Bosman, James W. Huston, Julie Y. Park | Morrison & Foerster LLP on 1/18/2013

Last week the Alabama Supreme Court adopted brand-name manufacturer liability for a generic drug sold by another company, becoming the first state supreme court to do so. Wyeth, Inc. v. Weeks, No. 1101397 (Ala. Jan. 11,...more

Does New York Law Contain a Heeding Presumption? It Depends Who You Ask

by Carl J. Schaerf, John R. Timmer | Schnader Harrison Segal & Lewis LLP on 12/28/2012

Few theories of liability are as elusive and difficult to defend against as “failure to warn.” Given the hindsight borne of any accident, it is tempting to suggest, and for a jury to want to believe, that a few simple words...more

Supreme Court To Examine Generic Drug Lawsuits

by Aaron Kase | Lawyers.com on 12/26/2012

The U.S. Supreme Court will hear arguments next year on whether lawsuits against defective generic drugs can proceed in state court if they are not in violation of federal law. In Mutual Pharmaceutical Co v. Bartlett,...more

Tobacco Company Gets Burned in Teenage Smoking Case

by Sylvia Hsieh | Lawyers.com on 12/19/2012

Tobacco giant RJ Reynolds has been stung by a $1.3 million jury verdict for not warning a smoker during his teenage years that smoking is addictive and could cause cancer. William Champagne was born in 1950 and began...more

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