Product Safety & Liability Reporter: Current Reports Index-Summary

DAMAGES

See also PUNITIVE DAMAGES
– Accutane as cause of inflammatory bowel disease, woman awarded compensatory damages (N.J. Super. Ct.), 439
– Air ambulance helicopter crash, parties settle for $18.4M (Neb. Dist. Ct.), 441
– Asbestos

– – Aerospace sealants and parts, future noneconomic damages vacated as excessive, review denied (Cal.), 237
– – Automotive parts warehouse worker, jury award to widow (N.J. Super. Ct.), 259

– Bisphenol-A class actions, Analysis and Perspective, 1006
– Brakes, Kia Sephia owners awarded $6M (N.J. Super. Ct.), 595
– Hearing devices, finding of no preemption reversed (Ark.), 392
– Heparin, consolidation motion set (J.P.M.L.), 494; panel transfers suits (N.D. Ohio), 579; retired nurse and husband sue Baxter alleging harm, 647
– HRT as cause of breast cancer, compensatory damages awarded (E.D. Ark.), 205; jury awards punitive damages, 260; punitive award vacated, 659
– Mitsubishi SUV rollover, maker to appeal award to parents of ejected man (Fla. Cir. Ct.), 259
– Motorcycles tire failure, $15M jury award upheld despite not showing exact cause of defect (C.D. Ill.), 574
– Ohio statute of repose constitutional but doesn't apply to pre-effective date injury (Ohio), 234
– Parlodel, woman died of seizure, compensatory award affirmed, causation proof properly admitted (Ky.), 491
– Seating collapse caused death, award thrown out due to jury instruction error (Ill.), 1052
– Spinal implant discs, suit alleges maker failed to follow FDA approval process (S.D. Tex.), 263; improper venue dismissal argument rejected, 451; plaintiff allowed to take discovery related to clinical trials, 579; venture capital firm remains defendant, 691
– Truck aftermarket finisher responsible for safety device not Ford (N.J. Super. Ct.), 310
– Vioxx

See VIOXX

DAUBERT CRITERIA

– Bridgestone/Firestone, nylon cap theory disallowed (D.N.M.), 897
– House fire allegedly caused by microwave oven, dismissing experts went beyond Daubert (Vt.), 203
– Ladders, rivet improperly stamped, jury verdict approved after evidence review (E.D. Wis.), 519
– Parlodel, woman died of seizure, compensatory award affirmed, causation proof properly admitted (Ky.), 491
– Polio vaccine allegedly caused brain cancer, defense judgment upheld (3d Cir.), 899
– Pool cleaner, no loss of smell evidence, medical testimony barred (E.D. Tenn.), 647
– Rear liftgate, repair instructions and warning fall within engineer's expertise (3d Cir.), 330
– Skid loaders, defect suit reinstated, expert improperly excluded (Ind. Ct. App.), 581
– Viagra MDL, plaintiffs and Pfizer file motions (D. Minn.), 6; some experts allowed, other excluded, 394

DECONGESTANTS

– Cold-Eeze, case properly dismissed, siblings fail to link zinc to loss of smell (8th Cir.), 846
– Methamphetamine activity, makers cannot be held liable (E.D. Ark.), 189
– OTC medicines, FDA says not for use by children under 2 years old, 93; industry updating labels to ensure safety, Public Citizen tells FDA to ban for children under 12, 991

DEFECT INVESTIGATIONS

See INVESTIGATIONS, subheading: NHTSA, defects

DEFENSES

– Economic loss doctrine, Subaru fuel line repair claims tossed (D.N.J.), 287
– Government contractors

– – Agent Orange, U.S. veterans and Vietnamese cannot seek damages (3d Cir.), 207
– – Asbestos, Navy aircraft parts makers lose removal (D. Mass.), 60

– Independent knowledge, surgical cutting/stapling device maker not liable for failure to warn when doctor aware of risk (Tex. Ct. App.), 34
– Learned intermediary doctrine

See LEARNED INTERMEDIARY DOCTRINE

– “Open and obvious” and “incurred risk,” accident involving rebuilt crane, defense verdict upheld (7th Cir.), 88
– Physicians' prescribing practices

– – Cymbalta, warning claim rejected when doctor would have prescribed anyway (E.D. La.), 521
– – Effexor, widow's claims barred (5th Cir.), 445
– – Hormone replacement therapy as cause of breast cancer, N.J. woman to appeal causation decision (Pa. Ct. C.P.), 61
– – Paxil wrongful death suit, family seeks reversal of defense judgment (D. Kan.), 111

– Reasonably anticipated uses, express warnings protect maker in heat therapy pad lawsuit (5th Cir.), 188
– Sophisticated user rule applies, AC equipment technician's phosgene gas exposure claim dismissed (Cal.), 328
– Unforeseeable misuse, plaintiffs' expert allowed to testify in pool chlorine feeder explosion suit (Ohio Ct. App.), 65

DEFIBRILLATORS

– Battery flaw MDLs

– – Guidant, settlement fund established (D. Minn.), 10; some attorneys oppose fee request, 170; attorneys' fees dispute resolved, 189; court adopts procedures for common fund attorneys' fees, 265; court explains decision, 288; reconsideration request denied, 337
– – Medtronic announces settlement (D. Minn.), 10; date set for common benefit attorneys' fees hearing, 627; remaining claims transferred, dismissal request denied when preemption unclear at this stage (N.D. Ill.), 900

– Canada

– – Guidant, class action approved (Ontario Super. Ct.), 417
– – Riata leads, class alleges design flaw (Ontario Super. Ct.), 418

– Maximo model 7278, preemption ruling controls defect case (D. Minn.), 800
– Sprint Fidelis leads, consolidation sought (J.P.M.L.), 30; consolidation granted, 209; wrongful death suit transferred (E.D. Tex.), 958
– Statutes of limitations, widow's suit dismissed on timeliness grounds (N.D. Miss.), 471

DELAWARE

– Sutures, loss of allegedly defective suture does not count against plaintiff (Del. Super. Ct.), 239

DES

See DIETHYLSTILBESTROL (DES)

DIABETES DRUGS

– Avandia

See AVANDIA

– Nonusers, company had no duty to warn (Md.), 870
– Synthetic insulin allegedly caused cancer, learned intermediary principles bar suit (D.P.R.), 989

DIET DRUGS

– Body wrap weight-loss treatment, woman's health claims not time-barred (E.D. Cal.), 1056
– Ephedra suit remanded on question of medical knowledge (2d Cir.), 821
– Medical malpractice claim timely (E.D. Pa.), 825
– Pharmacy dispensed recalled drug, customer may assert negligence claims (Utah), 924
– Pondimin

– – Repose law bars claim before accrual (E.D. Tenn.), 311
– – Wrongful death claim rejected (Pa. C.P.), 1023

– PPA distributor not “seller” entitled to immunity (N.J. Super. Ct.), 597
– Redux, wrongful death claims dismissed, PPH warning legally adequate (N.D. Ohio), 238

DIETHYLSTILBESTROL (DES)

– Transfer to Mass. granted (D.D.C.), 622

DIGITEK

– MDL, oral arguments set on centralization (J.P.M.L.), 623; suits consolidated (S.D.W.Va.), 805
– Minn. man sues drug makers alleging cause of digitalis toxicity (D. Minn.), 878

DISCLOSURE

– Explorer rollover, documents under protective order may not be disclosed to other litigants (Mo.), 4
– Perclose suturing device, defense judgment not precluded for non-preempted claim (Kan.), 626
– Seroquel MDL, disclosure ordered of documents used to prep witness (M.D. Fla.), 142; plaintiffs appeal order allowing defense to contact and retain doctors, 416

DISCOVERY

– Air bags, expert evidence needed to establish causation (N.Y. App. Div.), 664
– Benlate, recovery in fraudulent inducement to settle case blocked (U.S., rev den), 415
– Benzene, request over broad so prohibited in wrongful death suit (Tex. App. Ct.), 805
– Bextra and Celebrex MDL, request for peer-review journal article documents denied (N.D. Ill.), 313; another court denies request for documents (D. Mass.), 369; settlement announced (N.D. Cal.), 1053
– Bowflex machines, Nautilus moves class action to federal court (Ark.), 113
– Child safety, foreign maker accountability, Analysis and Perspective, 219
– Crash-test documents, sanction for refusal to produce and award approved (Ga.), 329
– Drug-eluting stent, discovery sharing request rejected (Fla. Dist. Ct.), 774
– Ford Explorer rollover

– – Protective order, documents may not be disclosed to other litigants (Mo.), 4
– – Settlement, family may pursue fraud claim (5th Cir.), 776

– Spinal implant discs, plaintiff allowed to take discovery related to clinical trials (S.D. Tex.), 579; venture capital firm remains defendant, 691
– Surgical stapler, failure to identify defeats second motion to compel (N.D. Ga.), 66

DISTRICT OF COLUMBIA

– Alcoholic energy drinks, MillerCoors sued over deceptive advertising directed at youth (D.C.), 894
– Anthrax Vaccine Adsorbed, FDA made no clear error of judgment in approving (D.D.C.), 287

DOG FOOD

See PET FOOD

DOOR LATCHES

– Daimler Smart car

– – New Car Assessment Program, good score with ejection warning, 343
– – Ratings good but door unlatches, IIHS test, 509

– Ford recalls Expedition and Lincoln Navigator SUVs, 177
– Handles, consumer harm from noncompliance recognized (Mass.), 594

DOORS

– Defect investigations, NHTSA, 274; 587; 652; 696
– Rear Liftgate bolts, Subaru recalls Impreza wagons, 345

DRUGS

– Adverse event reporting system (AERS), FDA to post reports quarterly on Web, 879
– Anti-seizure drugs, pre-service removal allowed (N.D. W. Va.), 822
– Antibiotics

See ANTIBIOTICS

– Antidepressants, positive studies more likely to be published, 117
– Antiepileptic drugs, FDA warns of increased suicide risk, 172
– Aredia and Zometa MDL, Mich. plaintiffs' claims dismissed due to immunity law and preemption (M.D. Tenn.), 372; Tex. plaintiffs' claims dismissed (M.D. Tex.), 731
– Bextra and Celebrex MDL, request for peer-review journal article documents denied (N.D. Ill.), 313; another court denies request for documents (D. Mass.), 369; settlement announced (N.D. Cal.), 1053
– Botox

See BOTOX

– China, CRS report cites economic implications of product safety and quality concerns, 69
– Clinical trial oversight, GOP lawmaker's ask GAO to investigate, 291
– Colchicine, learned intermediary doctrine bars claims against hospital and pharmacist (Ala.), 265
– Cold remedies

See DECONGESTANTS

– Compound medications, new trial ordered on warranty claim against pharmacist (Fla. Ct. App.), 32
– Contraceptives

See CONTRACEPTIVES

– Country of origin labeling

See LEGISLATION, FEDERAL, S 3633

– Cymbalta, warning claim rejected when doctor would have prescribed anyway (E.D. La.), 521
– Digitek

– – MDL, oral arguments set on centralization (J.P.M.L.), 623; suits consolidated (S.D.W.Va.), 805
– – Minn. man sues drug makers alleging cause of digitalis toxicity (D. Minn.), 878

– Effexor, widow to appeal whether suicide warning claim barred (W.D. Okla.), 82
– Elidel, parents of toddler unable to prove drug caused lymphoma (E.D. Pa.), 685
– Erythropoiesis-stimulating agents, FDA announces revised warnings and label changes, 266; advisers recommend restrictions and patient consent, 316
– FDA Globalization Act, House Democrats release draft bill to improve drug and device import safety, 420; FDA says risk assessment should determine inspection priorities, 457
– Fentanyl

See FENTANYL

– Food and Drug Administration Amendments Act

See FOOD AND DRUG ADMINISTRATION AMENDMENTS ACT

– Foreign drug inspection program, GAO reports improvements needed, industry group agrees, 1063
– Fosamax MDL, certification denied for three state medical monitoring classes (S.D.N.Y.), 63
– Generic drugs

See GENERIC DRUGS

– Global safety initiative, HHS Leavitt calls for, 525
– Heparin

See HEPARIN

– Hormone replacement therapy

See HORMONE REPLACEMENT THERAPY (HRT)

– Importer bonds

See LEGISLATION, FEDERAL, HR 5069, S 2081

– Infant cough and cold drugs

See DECONGESTANTS

– Inspections, HHS announces pilot project with EU and Australia, 671
– Labeling

– – FDA proposal reaffirms position on “changes being effected” supplements, 66; Democrats question proposal, 92; withdrawal of rule urged, 241; trial lawyer group critical, says contradicts congressional intent, 289; FDA official grilled at preemption hearing, 497; House Oversight Comm. seeks FDA documents showing stance on preemption, 667; FDA finalizes rule, 827
– – Preemption of state claims

See PREEMPTION

– Levaquin, moving nonresidents' claims to home states inconvenient (D. Minn.), 314; suits consolidated, 626
– Lipitor, Ga. proper forum for Ga. man's suit (N.Y. Sup. Ct.), 646
– Lotensin, claim that drug needed pregnancy hazard warning preempted (W.D.N.C.), 332
– MDL

See MULTIDISTRICT LITIGATION (MDL)

– Metoclopramide

See METOCLOPRAMIDE

– Motrin allegedly caused blindness, Johnson & Johnson exonerated (Cal. Super. Ct.), 735
– Oversight improvements

See LEGISLATION, FEDERAL, S 3409

– OxyContin, judgment to maker, unable to prove drug caused addiction (W.D.W.Va.), 988
– Pain pumps, degeneration of shoulder cartilage

– – Continued use, Kan. woman alleges use not design unsafe (D. Minn.), 877
– – Drug companies also sued (D. Ore., D. Minn.), 338
– – Makers marketed use of device as safe (D. Minn., S.D. Ind.), 338; oral arguments set on centralization (J.P.M.L.), 623; Ariz. woman files suit (D. Ariz.), 625; transfer and centralization denied (J.P.M.L.), 804

– Parlodel, woman died of seizure, compensatory award affirmed, causation proof properly admitted (Ky.), 491
– Paxil

See PAXIL

– Pergolide allegedly causes heart disease, risks understated (D. Minn.), 736
– Phenergan

See PHENERGAN

– Pondimin, repose law bars claim before accrual (E.D. Tenn.), 311
– Prozac, better warning would not alter prescription (N.D. Ga.), 261
– Redux, wrongful death claims dismissed, PPH warning legally adequate (N.D. Ohio), 238
– Remicade, three defendants not “sellers” under N.J. law, remand motion denied (D.N.J.), 715
– Safety information, FDA launches new Web page, 1031
– Side effects, FDA advisory panel says to include hotline in TV ads, 526
– Smoking cessation product, Pfizer updates Chantix label to include behavior changes, 118
– Trasylol

See TRASYLOL

– Viagra

See VIAGRA

– Vioxx

See VIOXX

– Vytorin and Zetia suits consolidated (D. N.J.), 399
– Zyprexa

See ZYPREXA

DUE PROCESS

– Bridgestone/Firestone tire defect suit, sanction against expert set aside (7th Cir.), 690
– Bumbo Baby Sitter, personal jurisdiction found over S. African maker (N.D . Cal.), 548
– Ceiling fans, Ill. court lacks jurisdiction over Taiwanese maker (Ill. App. Ct.), 107
– Ga. expert admissibility rules constitutional, exclusion in floor-covering case affirmed (Ga.), 281
– Ladders, Tenn. long-arm statute does not extend to German maker (6th Cir.), 928
– Lead paint public nuisance suits

– – Municipalities, various rulings, 640
– – R.I. suit, paint makers appeal verdict, argue cumulative nuisance unconstitutional (R.I.), 163; amicus brief filed, 165; Webcast of oral arguments offered, 470; suit rejected, claims fall outside public nuisance law, 640; Analysis and Perspective, 834

– Motor vehicles, offset collisions, DaimlerChrysler liability upheld but punitive award reduced (Tenn. Ct. App.), 1020
– Ortho Evra patch MDL, state caps on noneconomic and punitive damages withstand constitutional challenges (Ohio), 28
– Punitive damages, harm to nonparties, Philip Morris

– – Cal. $25M award tossed (Cal.), 136; (rev den), 471
– – Ore., Marlboro cigarettes, large award reaffirmed (Ore.), 135; whether state supreme court may interpose state-law procedural bar (U.S., rev grant), 575; (oral arg set), 959

– Radiation therapy devices, case dismissed for lack of personal jurisdiction over maker (5th Cir.), 371
– Stucco defective, full faith and credit governs case of plaintiff who didn't opt out of settlement (N.J.), 803
– Tobacco-related illnesses, findings from predecessor smoking class rejected without enforceable judgment (M.D. Fla.), 843