Product Safety & Liability Reporter: Current Reports Index-Summary

DAIRIES

DAMAGES

– Agent Orange, claims against makers dismissed (U.S., rev den), 282
– Asbestos, jury allocation of fault in multiple product exposure claim set aside (Cal. Ct. App.), 479
– Economic, class for deceptive advertising for claims that low tar and nicotine cigarettes caused less harm seeks recovery of purchase price but not personal injury (D. Kan.), 878
– Hunter's strangulation in tree stand, widow wins uncontested damages (Ind. Sup. Ct.), 248
– Non-economic, Okla. lawsuit reform bill capping signed, 637
– Prejudgment interest, recovery of total amount from each defendant found jointly and severely liable rejected (Cal. Ct. App.), 410
– Punitive

See PUNITIVE DAMAGES

– Tort reform, Or. bill increasing damages limits against public entities signed, 449

DAUBERT CRITERIA

See also EXPERT WITNESSES
– Differential diagnosis test adopted, criteria enunciated (6th Cir.), 475
– Knee implants, irradiation as cause of failure, testimony rejected for lack of scientific tests or experiments to bolster theory (C.D. Ill.), 159
– Ladders, test developed by engineer properly excluded (E.D. Tenn.), 185
– Nanotechnology, development of Daubert strategy and liability defenses, Analysis & Perspective, 144
– Remicade, causation of pulmonary fibrosis, expert proof properly excluded (11th Cir.), 218
– Revolving door, no requirement for hearing before excluding engineer's testimony where no investigation, inspection, or no knowledge of condition (Del.), 695
– Seroquel, expert causation witness excluded, failed to rule out other causes of diabetes and medical literature did not support conclusion (Del. Super. Ct.), 687

DEATHS

See FATALITIES

DECLARATORY JUDGMENTS

– Peanut salmonella poisonings, Hartford Casualty Ins. Co. seeks to limit exposure (W.D. Va.), 184

DECONGESTANTS

– Methamphetamine

See DECONGESTANTS

– Neo-Synephrine, doctor put patient on notice of risks of addiction, suit against Bayer Corp. untimely (N.D. Ill.), 185
– Zicam, loss of sense of smell alleged in suit against maker (E.D. Tex.), 67; FDA advises consumers to stop using products, 696; JPML consolidates product liability actions (D. Ariz.), 1086

DEFECT INVESTIGATIONS

See INVESTIGATIONS, NHTSA, DEFECTS

DEFENSE CONTRACTORS

– Airplane crash, instructor's widow has no claim against aircraft maker, military contractors immune where government approved specifications (11th Cir.), 736
– Asbestos

– – Military contractor defense, shipyard workers may not pursue asbestos suit against ship equipment makers in state court (D. Conn.), 841
– – Navy ship worker reaches accord with maker (Cal. Super. Ct.), 247
– – Sophisticated user, defense only applies to failure to warn claims, firm liable for defectively designing Navy boilers (Cal. Ct. App.), 979; jury verdict inconsistent, new trial ordered, 1000

DEFIBRILLATORS

– Guidant Corp. settlement funds, allocation of fees to counsel set by court (D. Minn.), 9; court declines to rule on objections to allocations, 250
– Medical Device Amendments, Conn. law preempted (Conn. Ct. App.), 571
– Medtronic

– – Fraud, no evidence woman who got malfunctioning defibrillator improperly joined health care providers, negligence claims may be heard in W. Va. court (S.D. W.Va.), 812
– – Multidistrict litigation dissolved (D. Minn.), 8

– Preemption, supplemental premarket approval by FDA does not bar (Wis.), 214
– Sprint Fidelis leads, federal law preempts claims (D. Minn.), 32; court seeks attorneys' views on immediate appeal, 134; plaintiffs revise amended complaint, 307; judge rejects recusal, 307; reconsideration of recusal denied, 408; amendment of master consolidated complaint denied, 601

DELAWARE

– Asbestos

– – Experts' reliability on mesothelioma cause reaffirmed (Del. Super. Ct.), 442; mechanic may recover for exposure from handling brakes despite no studies where reliable medical experts support (Del.), 931
– – Take home liability, companies not liable to families for exposure carried home by family members (Del.), 312

– Medical monitoring, unapproved device implanted in infant, motion to dismiss denied under Del. law (E.D. Pa.), 190

DENTAL IMPLANTS

See MEDICAL DEVICES

DEPARTMENT OF

See specific department

DEPOSITIONS

See DISCOVERY

DIABETES

– Avandia

See AVANDIA

– Glucose monitors, claim by estate of diabetic untimely where claims did not relate back to original complaint against other makers and no notice of claims against them (N.D. Ind.), 788
– Seroquel, expert causation witness excluded, failed to rule out other causes of diabetes and medical literature did not support conclusion (Del. Super. Ct.), 687

DIACETYL

– Popcorn butter flavoring

– – Popcorn lung, jury awards millions to deceased plant worker (N.D. Iowa), 332
– – Sophisticated users, chemical suppliers not liable for failure to warn plant workers of dangers where employer knew as much (Ohio Ct. App.), 1065

DIET DRUGS

– Avandia

See AVANDIA

– Culpability, shared fault with spouse not bar to maintaining cause (E.D. Pa.), 443
– Expert witnesses, doctor who was retained by drug maker in earlier suit may not testify for plaintiff or consult with her attorneys (E.D. Pa.), 788
– Fen-phen

– – Attorneys' fees award upheld where lower court used transparent procedures and thoroughly analyzed (3d Cir.), 1084
– – Bilking clients, attorneys for class convicted (E.D. Ky.), 402
– – Repose, Tenn. law bars claim not filed within 1 year of expiration date for lung disease that did not manifest until 5 years later (6th Cir.), 951

– Hydroxycut, class actions against recalled product claim deceptive marketing (N.D. Ala., D. Mass.), 569; JPML consolidates product liability claims (S.D. Cal.), 1086
– Pondimin and Redux, maker must indemnify doctor who prescribed for patient's personal injury, 632
– Redux, pre-FDA approval claims preempted (N.D. Ohio), 357
– Relacore, certification of class false advertising claims rejected, individual issues predominate, no nexus between defendants' conduct and loss (N.J. Super. Ct.), 935

DIGITEK

– Death and injury, claims against makers and distributors for excessive active ingredients filed (E.D. Tex.), 481; failure to warn claim adequately pleaded and discovery needed to determine viability of defect claims (S.D. W. Va. MDL), 863; claims involving same drug, production process, and nationwide recall assigned to same judge for pretrial matters, 881

DISCLOSURE

See also DISCOVERY
– Seroquel, sealed documents show maker knew of link to diabetes, news organization says in filing seeking disclosure (M.D. Fla.), 220; documents released, 278
– Television fire, citizen may get sealed documents in wrongful death case (Ariz. Ct. App.), 309

DISCOVERY

– Class actions, deposition of nonparty at certification phase disallowed (E.D.N.Y.), 533
– Contact lens solution maker's root cause analysis deemed work product (E.D. Tex.), 337
– Cost-sharing, birth control device maker may not shift costs of reviewing and producing electronic data where no more burdensome or expensive (E.D. Mo.), 913
– Electronic data discovery, experts re in-house personnel, Analysis & Perspective, 373
– Expert witnesses, proposed change to federal rules will be considered by U.S. Judicial Conf. after panel approves, 697
– Fraudulent concealment, reasonable diligence standard imposed after initial report of injury (E.D. Pa.), 407; minor with genetic disorder has no claim against sperm bank, 757
– Ghostwriting, documents on hormone drug replacement maker engaging doctors to write medical journal articles without mentioning corporate role unsealed (E.D. Ark.), 857
– Jury misconduct, formal discovery into jury conduct allowed (Tex), 404
– Missed deposition, dismissal with prejudice deemed too severe (Tex. Ct. App.), 481
– Physician names, those who report adverse effects of medical device must be redacted in discovery even if not required to be disclosed to FDA (M.D. Ga.), 785
– Scientific evidence, plaintiff who retained hexavalent chromium expert may not exclude defense's evidence just because widow may not understand (M.D. Ga.), 759
– Withholding documents and missing deadlines, Bentley Motors misused process so flagrantly that failure to sanction was abuse of discretion (Cal. Ct. App.), 686
– Writ of mandamus, tire maker must produce documents concerning all tires substantially similar to those that caused rollover deaths (10th Cir.), 691

DISTRICT OF COLUMBIA (D.C.)

– Lead in drinking water, parent charges D.C. utility with cover-up of dangerous levels (D.C. Super. Ct.), 223
– Limitations period, woman may maintain replevin action for hip prosthesis where filed within 3 years after return demanded but warranty beach claims untimely (D.D.C.), 811

DIVERSITY JURISDICTION

– Drug makers, health care defendants not indispensable, claims severed and remanded to state court but product liability suit jurisdiction retained (N.D. Ohio), 740
– Fraud, no evidence woman who got malfunctioning defibrillator improperly joined health care providers, negligence claims may be heard in W. Va. court (S.D. W.Va.), 812
– Removal, statutory language allows where state resident not yet served (D.N.J.), 912

DOCTORS

See PHYSICIANS

DOOR LATCHES

– Defect investigations, NHTSA, 16

– – Mazda Motor Corp., Mazda 6 recalled, 198
– – Saturn Vue, recall, 346; 748; 892

– Sliding doors and latches for nonhinged vehicle doors, compliance with new rule delayed 1 year, 821

DOORS, MECHANICAL

See MECHANICAL DOORS

DRUGS

See PHARMACEUTICALS; specific names of drugs; specific type of drugs

DRYWALL

– Sulfur tainted, Chinese

See CHINA