Product Safety & Liability Reporter: Current Reports Index-Summary

E. COLI

EFFEXOR

ELECTRICAL POWER AND EQUIPMENT

– Acceleration, steering, and braking, pedestrian struck by Ford may pursue claim without specifying defect, expert testimony sufficient for jury to hear circumstantial evidence (N.Y. App. Div.), 628
– Circuit-breaker box, Allen-Bradley starter bucket, no-fault provision of tort reform act unconstitutional (Ark.), 530
– Circular saws, laceration hazard prompts recall, 72
– Digital clamp meters, CPSC recalls, May, 675
– Motor vehicles

– – Power window strangulation, NHTSA releases first study on nontraffic incidents, 141
– – Seat harnesses, Mazda Motor Corp. recalls CX9 over electrical short, 261

– Radio Shack recalls illuminated round rocker switches over shock hazard, 395

ELECTRONIC RESOURCES

– Ed. Note: For a list of selected articles, BNA products, and internet sources, see back page of each issue.

ELECTRONIC STABILITY CONTROL SYSTEMS

– Chevrolet Corvette, NHTSA upgrades defect investigation, 114
– Defect investigations, NHTSA

See INVESTIGATIONS, NHTSA, DEFECTS

– E.U., states adopt rule consolidating laws on tire approval, will introduce rules on tires, tire pressure monitoring, and electronic stability control, 724
– Infiniti, Nissan Motor plans to introduce new model for 2011 model year, 848
– 2009 vehicle ratings, Consumer Reports, 260

ELECTRONICS

– Battery chargers, CPSC sues maker for failing to warn of defects (D. Minn.), 11; CPSC announces civil penalties for failure to warn of overheating, 869
– Child safety, inaccessible lead

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– DVD players, CPSC announces voluntary recall of Wal-Mart players for fire and burn hazards, 919; recall expanded to other colored versions, 962; recall report, 1021; more players added, 1076
– iPod touch explosion, burn suit filed against Apple (S.D. Ohio), 337
– Television fire, citizen may get sealed documents in wrongful death case (Ariz. Ct. App.), 309

ENERGY DEPARTMENT (DOE)

– Advanced Technology Vehicle Act

See LEGISLATION, FEDERAL, HR 3246

ENGINES

– Caterpillar C15 diesel engines, NHTSA defect investigation opened, 1015

EPILEPSY DRUGS

See ANTIEPILEPTIC DRUGS

EQUAL PAY ACT (EPA)

– Carbon dioxide, EPA considering short-term exposure limit and total ceiling limit for ozone-depleting coolant substitutes, 1040

EUROPEAN UNION (EU)

– Chemicals legislation, 2009 Outlook, 116
– Incandescent light bulbs, law requiring phase-out takes effect, consumer groups criticize as premature since alternative fluorescent bulbs pose health risk, 962
– Motor vehicles, states adopt rule consolidating laws on tire approval, will introduce rules on tires, tire pressure monitoring, and electronic stability control, 724
– Toys, limits on use of metals, fragrances, and noises, European Parliament sets new rules, 14

EVIDENCE

– Air bags, failure to wear seat belt and driver's conduct before crash improperly admitted (Pa. Super. Ct.), 661
– Asbestos

– – Medical criteria provisions apply retroactively (Ohio Ct. App.), 37
– – Other exposure improperly barred (Ill.), 497

– Circumstantial

– – Pedestrian struck by Ford may pursue claim without specifying defect, expert testimony sufficient for jury to hear (N.Y. App. Div.), 628
– – Spark sensing system, history of successful use relevant to undermine inference of defect since manufacture, workers hurt in assembly line explosion have no claim (Pa.), 1082

– Discovery

See DISCOVERY

– Experts

See EXPERT WITNESSES

– Hearsay, transmission park lock rollaway, reversal of denial of hearsay leads to reversal of judgment against Ford (6th Cir.), 438
– Herbicides, lack of product identification dooms claim (4th Cir.), 441
– Light cigarettes, negligence claim rejected when light cigarettes have less utility (U.S., rev den), 1066
– Pregnancy, researchers must give correspondence about risks to plaintiffs claiming Paxil caused cardiac defects in child (D. Mass.), 1036
– Televisions, affidavit and incident report after explosion and fire support claims for design or manufacturing defects (S.D. Ohio), 1070

EX PARTE COMMUNICATIONS

– NuvaRing, treating physician ex parte interviews barred (E.D. Mo.), 356; motion to dismiss for lack of specificity rejected, 879; costs of reviewing and producing electronic data may not be shifted to plaintiffs, 913

EXECUTIVE ORDERS

– 12866, review of Clinton order announced, 171
– 13422, Bush order on regulatory review revoked by Obama, 171; OMB announces public comment period on revision of regulatory review process, 295

EXPERT WITNESSES

See also DAUBERT CRITERIA
– Antiepileptic drugs, Neurontin suicide risk, expert evidence on general causation deemed reliable (D. Mass.), 565; class certification denied, 596; first case for off-label marketing dropped after donation to save patient's daughter from having to suffer through trial, 835
– Case-specific, doctor who was retained by diet drug maker in earlier suit may not testify for plaintiff or consult with her attorneys (E.D. Pa.), 788
– Causal links, experts testifying about corneal infections caused by contact lens solution excluded where no case report, study, or article cited (N.Y. Sup. Ct.), 812
– Causation, jury may disregard expert in finding employer failed to provide evidence that machine maker negligence caused hand injuries (Tex. Ct. App.), 907
– Clothing flammability, testimony to prove defect not required, injured woman's claim did not present enough proof to survive summary judgment (3d Cir.), 7
– Discovery

See DISCOVERY

– Disease-resistant seeds, plant expert properly excluded from testifying about definition of resistant (D. Ariz.), 189
– Electronic data discovery, experts re in-house personnel, Analysis & Perspective, 373
– Fees, plaintiffs must pay to depose expert in Australia (S.D.N.Y.), 312
– Fire marshals not qualified as experts on causation of fire (4th Cir.), 65
– Footwear, shoe inserts, physician letters fail to meet standards (Mass. App. Ct.), 501
– Fosamax, plaintiff's causation experts testified that osteoporosis drug may cause degenerative jaw bone condition but not epidemiologist (S.D.N.Y.), 832
– Industrial machinery

– – Methodology of plaintiff's witness on press brake reliable and helpful to jury, summary judgment denied (W.D. Pa.), 157
– – Qualifications, expert who never worked in industry unqualified to testify on printing press design defects (2d Cir.), 218; Sup. Ct. nominee Sotomayor's decision among array of product liability related cases while on 2d Cir., 632

– Knee implants

– – Exclusion of testimony on causation of defect leads to summary judgment for maker (C.D. Ill.), 159
– – Exclusion of testimony on causation reversed (N.D. Ill.), 160

– Ladders, description of expert as not unqualified contributed to disqualification of engineer (E.D.N.Y.), 1069
– Medical evidence, causal connection between DPT vaccine and infant's seizure disorder established, may get damages (Fed. Cir.), 710
– Obviousness, carbon monoxide risk in minivan parked outside not necessarily apparent, suit against muffler installer may proceed (11th Cir.), 215
– Outlook 2009, proposed change to federal rules of procedure, 119
– Pulmonary fibrosis, Remicade causation proof not complying with Daubert properly excluded (11th Cir.), 218
– Reliability

– – Gunsmith need not have tested gun for testimony to be admissible (M.D. Fla.), 222
– – MoistureLoc, expert testifying that product can cause infections other than fungus that led to recall excluded where not peer-reviewed or published (D.S.C.), 953

– Rollovers, award to driver for ejection after crash overturned where testimony on whether seat belt worn improperly excluded (Haw. Ct. App.), 932
– Scheduling order, son of man who killed self and wife while on Prozac seeks time to get substitute expert (D.N.M.), 835
– Scientific evidence, plaintiff who retained hexavalent chromium expert may not exclude defense's evidence just because widow may not understand (M.D. Ga.), 759
– Seroquel, link to diabetes not made, maker granted summary judgment (M.D. Fla.), 155
– Space heaters, testimony about fire's causation properly excluded (8th Cir.), 101
– Subpoena of tax returns and financial records to show bias barred (M.D. Tenn.), 444
– Testing

See TESTING

– Tire failure, untimely disclosure of basis for opinion, exclusion of expert upheld (11th Cir.), 65
– Truck cargo area, standing in, testimony fails to support as foreseeable use, breach of warranty claim dismissed (N.Y. App. Div.), 10
– Underlying scientific data, testimony of doctor who overreached conflusions of work linking Accutane and IBD inadmissible (M.D. Fla.), 881
– Unsupported anecdotal proof in litigation problem, Analysis & Perspective, 232
– Vena cava filter, failure to identify and provide copies of reports within time set by court dooms claim (E.D. Ky.), 480
– Viagra, causation expert excluded, discrepancies in study linking drug to vision problems undermine reliability (D. Minn.), 938
– Warnings, whether drug maker's labeling adequately conveyed risks involves multiple fact issues, jury must decide (M.D. Tenn. MDL), 908
– Zyprexa, repeated stretching of the truth leads to trust disqualification (E.D.N.Y.), 567; jury may hear physician's knowledge of health risks and reliable expert testimony on link between diabetes and death, 978; Conn. announces accord with drugmaker for marketing for unapproved uses and concealing side effects, 1054

EXPLOSIVES

– Blasting cap, term detonator can be used interchangeably, CPSC issues final rule, 671

EYE WEAR

– Contact lens solutions

– – Corneal infections, expert testimony excluded where no case report, study, or article cited (N.Y. Sup. Ct.), 812
– – Unused quantities discarded after recall, class rejected where impossible to determine membership (D.S.C.), 1050

– Discovery, contact lens solution maker's root cause analysis deemed work product (E.D. Tex.), 337
– MoistureLoc, expert testifying that product can cause infections other than fungus that led to recall excluded where not peer-reviewed or published (D.S.C.), 953