News & Analysis as of

Failure To Warn

Searcy Denney Scarola Barnhart & Shipley

Tabletop Fire Pit Burn Injuries and Deaths

Across the country, devastating injuries have been caused by small, alcohol-fueled tabletop fire pits that unexpectedly erupt in flames. Marketed as decorative and “smokeless,” these products have been linked to severe burn...more

Hissey, Mulderig & Friend, PLLC

FDA Updates Depo-Provera Warning Label to Include Risk of Meningioma Brain Tumors

The U.S. Food and Drug Administration (FDA) has updated the warning label for the Depo-Provera birth control shot to include information about the risk of meningioma brain tumors. The label update is intended to warn doctors...more

Nutter McClennen & Fish LLP

Product Liability 2025 Year in Review

Massachusetts courts issued several important product liability decisions in 2025. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more

MG+M The Law Firm

Smucker Pet Food PFAS Class Action Nears Certification

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A class action lawsuit against J.M. Smucker Co. filed in California federal court is nearing certification. Plaintiffs allege Smucker failed to warn consumers of potential risks associated with per- and polyfluoroalkyl...more

Hissey, Mulderig & Friend, PLLC

Ozempic Blindness Lawsuits: Legal Claims Allege GLP-1 Drugs Linked to NAION Vision Loss

Glucagon-like peptide-1 receptor agonist drugs (commonly referred to as GLP-1 agonists) have become widely prescribed for type 2 diabetes and weight loss. Medications such as Ozempic, Wegovy, Mounjaro, and other GLP-1 drugs...more

Hissey, Mulderig & Friend, PLLC

Depo-Provera y tumores cerebrales tipo meningioma: lo que deben saber las mujeres sobre los riesgos y las demandas legales

Durante décadas, millones de mujeres han utilizado la inyección anticonceptiva Depo-Provera como una forma conveniente y eficaz de prevenir el embarazo. Sin embargo, en los últimos años han surgido preocupaciones médicas y...more

Searcy Denney Scarola Barnhart & Shipley

Why Was My Prescription Drug Recalled?

If you are taking (or have recently taken) a prescription drug that is now subject to a recall, there are several important facts you need to know. One of these facts is why your prescription was recalled. ...more

Morris James LLP

Injured by a Prescription Drug? What You Need to Know About Pharmaceutical Lawsuits and Failure to Warn Claims

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When we take prescription medications, we trust that they will help us feel better, not leave us with devastating side effects we were never warned about. Unfortunately, that trust is sometimes misplaced, not because doctors...more

Searcy Denney Scarola Barnhart & Shipley

Are You Eligible to Join a Pending Dangerous Drug Lawsuit?

While the drugs we take are supposed to help us, sometimes they do more harm than good. If you have been harmed by a dangerous drug, you may be able to hire a lawyer to help you hold the pharmaceutical company behind the drug...more

Morris James LLP

FDA Updates Depo-Provera Label to Include Brain Tumor Risk — Key Litigation Development

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The U.S. Food and Drug Administration (FDA) has approved a significant update to the prescribing information for Depo-Provera, adding a warning about a potential association with meningiomas, a type of brain tumor. This marks...more

Butler Snow LLP

From the Courtroom to Capitol Hill: State Legislative Action on Failure-to-Warn Claims

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When a company brings a new product to market, who has the authority to approve the product’s label and associated warnings? In most instances involving pharmaceutical drugs or medical devices, it’s the federal Food and Drug...more

Hissey, Mulderig & Friend, PLLC

Depo-Provera and Meningioma Brain Tumors: What Women Should Know About the Latest Lawsuits

Understanding the Link Between Depo-Provera and Meningioma - In recent years, several major medical studies have identified a potential association between the Depo-Provera birth control shot and the development of meningioma...more

Searcy Denney Scarola Barnhart & Shipley

Injured By a Dangerous Product? You Might Not Be Alone

Product-related injuries are alarmingly common. Often, these injuries result from defects that affect large numbers of products—in some cases, hundreds of thousands or millions of products sold across the country. ...more

Faegre Drinker Biddle & Reath LLP

NY Federal Court Ruling Strengthens FDA Preemption for Class III Device Manufacturers

A recent preemption decision out of the Southern District of New York offers encouraging news for medical device manufacturers. In Wieder v. Advanced Bionics LLC, 2025 WL 3237257 (S.D.N.Y. Nov. 20, 2025), the magistrate judge...more

Husch Blackwell LLP

Illegality Defense Bars Recovery in Kansas Inhalant-Abuse Case

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Each year, thousands of individuals are severely injured or die from intentional inhalation of everyday products like computer duster to achieve a euphoric high. When these injuries or deaths lead to lawsuits against...more

Searcy Denney Scarola Barnhart & Shipley

DermaRite Products Recalled Due to Infection Risk: Victims and Families May Be Entitled to Compensation

DermaRite Industries, LLC (DermaRite) has announced a voluntary recall of several of the company’s products, including creams, soaps, hand sanitizers, skin protectants, and deodorant. According to DermaRite, the recalled...more

Morris James LLP

Who Is Eligible to File a Dupixent Lymphoma Lawsuit? Understanding Criteria, Timing, and Next Steps

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A diagnosis of T-cell lymphoma after using Dupixent raises serious questions for patients and families. Many want clear answers about whether they may have a legal claim and what criteria determine eligibility. This guide...more

Searcy Denney Scarola Barnhart & Shipley

Wrongful Death Claims Involving Defective Drugs and Medical Devices in Florida

Far too often, patients who take prescription drugs and who receive medical implants suffer fatal complications. Several drugs and medical devices are known to present serious (and potentially fatal) health risks—including...more

Wiley Rein LLP

No Coverage for Failure to Warn of TCE Contamination Plume

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The Missouri Court of Appeals, applying Missouri law, held that insurers had no duty to defend or indemnify a defense contractor in connection with a class action alleging failure to warn of groundwater contamination. Certain...more

Freeman Mathis & Gary

Mental health warning signs at work: Can employers still rely on workers’ comp exclusivity?

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Following the recent decision in Rivas v. Benny’s Prime Chophouse, where the Illinois Appellate Court allowed a civil claim to proceed despite arguments that the Illinois Workers’ Compensation Act (“Act”) barred recovery, the...more

Houston Harbaugh, P.C.

Defending the Algorithm™: A Bayesian Analysis of AI Litigation and Law, When the Algorithm Speaks for Itself: Raine v. OpenAI and...

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In August 2025, a pair of California parents filed suit in California state court against OpenAI (Raine v. OpenAI, Inc.) after the death of their teenage son, alleging that the company’s generative-language model played a...more

Goldberg Segalla

Massachusetts Federal District Court Grants Defendant Summary Judgment in Asbestos Case

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Court: United States District Court for the District of Massachusetts - Plaintiff Bruce K. Wright and per quod plaintiff Louise K. Wright allege Mr. Wright had asbestos exposure from working as a mechanic at multiple shops...more

Clark Hill PLC

$185 Million Verdict Stands in Product Liability Case After Washington Supreme Court Clarifies Choice of Law Rules

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On Oct. 30th, the Washington Supreme Court (6-3) issued a significant decision that will shape how product liability cases are handled when multiple states have connections to the dispute. ...more

Morris James LLP

Can Dupixent Cause Lymphoma? What Patients and Families Should Know

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When you start a medication like Dupixent (dupilumab), you expect relief from eczema or asthma, not the devastation of a cancer diagnosis. Yet growing medical evidence shows that some patients developed cutaneous T-cell...more

Morris James LLP

First Dupixent Lawsuit Filed Over Fatal Lymphoma: What It Means for Patients and Families

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The first known lawsuit has now been filed against the makers of Dupixent (dupilumab), alleging that the popular eczema and asthma drug caused or accelerated a deadly form of lymphoma....more

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