Product Safety & Liability Reporter: Current Reports Index-Summary

E. COLI

– Beef infections

– – Ohio product liability suit filed against Kroger and Nebraska Beef (Ohio Ct. C.P.), 663
– – Va. boy scout sues summer camp's meat supplier (Va. Cir. Ct.), 954

– Sandwiches allegedly tainted, Univ. of Colo. sophomore sues (Colo. Dist. Ct.), 1057

E-MAIL

– Child seat and tire recall notification, NHTSA launches system, 321
– Class action notice, Analysis and Perspective, 531

ECONOMIC LOSS DOCTRINE

– Combine catches fire, tort recovery denied for attached devices (D.N.D.), 953
– Roof-truss system, exception extended for risk of injury (S.C.), 896

EFFEXOR

– Suicide

– – Learned intermediary and prescribing practices bar widow's claims (5th Cir.), 445
– – Widow to appeal whether warning claim barred (W.D. Okla.), 82

ELECTRIC VEHICLES

– Medium speed class, request to create denied, 1034
– Weight allowance, NHTSA denies request to increase to allow low-speed trucks, 972

ELECTRICAL POWER AND EQUIPMENT

– Residential electrical system aging research project report released, 692; CPSC 2003 strategic plan addresses fire hazards, 693
– Square D circuit breakers, N. Am. Breaker Co. recalls, fire hazard, 15
– Toggle and rotary switches, Disconnects of Fla. recalls, shock hazard, 272
– Transformer explosion, injured worker unable to rule out other causes (N.Y.), 340
– Trucks, Volvo recalls, 17
– Water pump motors, A.O. Smith Elec. Prods. recalls, fire hazard, 631

ELECTRONIC STABILITY CONTROL SYSTEMS

See also CRASH AVOIDANCE
– Consumer Reports releases 2008 ratings, top picks have feature, 217
– EU survey finds discrepancies as standard equipment, 652
– Global harmonization, NHTSA seeks comments before vote, 558; U.N. approves recommendation to adopt global rule, 632
– Malfunction telltales and minor changes, NHTSA responds to petitions, revises rule, leaves preamble unchanged, 935
– Nason says rule major accomplishment of tenure, 830
– Trucks, maker says ESC would deter rollovers and crashes with cars, 632

ELECTRONICS

– Camcorders, Samsung announces settlement over blank screens (E.D. Mich.), 957
– Digital timers, Intermatic recalls, shock hazard, 39

ELIDEL

– Causation, parents of toddler unable to prove drug caused lymphoma (E.D. Pa.), 685

EMOTIONAL DISTRESS

– Air ambulance helicopter crash, parties settle for $18.4M (Neb. Dist. Ct.), 441
– Beef E. coli infections

– – Ohio product liability suit filed against Kroger and Nebraska Beef (Ohio Ct. C.P.), 663
– – Va. boy scout sues summer camp's meat supplier (Va. Cir. Ct.), 954

– Cochlear implants, device allegedly differs from FDA approved device, damages sought (D. Mass.), 338
– Incontinence treatments, device allegedly causes severe injuries (C.D. Cal.), 116
– 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
– U-Haul truck ran over man after brake failed, damages awarded (Tex. Cnty. Ct. at Law), 442

ENFORCEMENT

– Ed. Note: For specific areas of enforcement, see specific subject headings. For state enforcement actions, see specific states.

ENGINES

See MOTORS

EPHEDRINE AND EPHEDRA

See DIET DRUGS

EQUIPMENT

– Automotive

See AUTOMOTIVE EQUIPMENT

– Boating

See BOATS AND BOATING EQUIPMENT

– Construction and building

See CONSTRUCTION EQUIPMENT AND MATERIALS

– Electrical

See ELECTRICAL POWER AND EQUIPMENT

– Farm

See FARM EQUIPMENT AND SUPPLIES

– Heating

See HEATERS AND HEATING EQUIPMENT

– Industrial

See INDUSTRIAL EQUIPMENT AND MACHINERY

– Lawn and garden

See LAWN AND GARDEN EQUIPMENT

– Lighting

See LIGHTING EQUIPMENT

– Playground

See PLAYGROUND EQUIPMENT

– Plumbing

See PLUMBING EQUIPMENT

– Sports and recreation

See SPORTS AND RECREATIONAL EQUIPMENT

ERYTHROPOIESIS-STIMULATING AGENTS

– FDA announces revised warnings and label changes, 266; advisers recommend restrictions and patient consent, 316

ESTOPPEL

– Paxil

– – Deceptive advertisement, drug maker unable to block certification (Cal. Ct. App.), 923
– – Wrongful death suit dismissed (E.D. La.), 235

ETHICS

– Attorneys

See ATTORNEYS

– Avandia, peer reviewer leaked study to GSK before published, 144

EUROPEAN UNION (EU)

– Bisphenol-A Steering Group study finds no reproduction or development harm in lab mice, 503
– Chemical labeling, Parliament clears legislation to adopt U.N. standards, 881
– Counterfeit goods, amount EU seized in 2007 declined, 527
– Crash avoidance, EU proposes safety requirements, 558
– Drug maker inspections, HHS announces pilot project with EU and Australia, 671
– Electronic stability control systems, survey finds discrepancies as standard equipment, 652
– Recalls on rise, Chinese importers worst offenders, 427
– Toys, European Comm'n proposes new safety standards, watchdogs not satisfied, 122

EVENT DATA RECORDERS

– NHTSA revision delays compliance date, safety group expresses concern, 71

EVIDENCE

– Arbitration, Analysis and Perspective, 431
– Asbestos

– – Brake linings, frequency and regularity exposure tests adopted (Pa.), 58
– – Ohio, medical criteria provisions apply retrospectively (Ohio), 1050

– Benzene provided by suppliers, sufficient to survive summary judgment (W.D. Ark.), 824
– 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, Allergan subpoenaed for documents on off-label promotion, 292
– Buses, verdict thrown out, jury must decide settling parties fault (Tex. App. Ct.), 922
– Cataract surgery system, Alcon Labs. wins summary judgment (E.D. La.), 449
– Cigarettes, plaintiff failed to show safer alternative design, jury award reversed (N.Y. App. Ct.), 392
– Cotton dust, worker exposure mass tort dismissed (Tex. Dist. Ct.), 757
– Dose dispensers, makers may be liable for toddler's overdose death from codeine (Ind. Ct. App.), 712
– Drug-eluting stent, discovery sharing request rejected (Fla. Dist. Ct.), 774
– Dryer fire case to proceed (Tex. Ct. App.), 171
– Effexor, widow to appeal whether suicide warning claim barred (W.D. Okla.), 82
– Electric transformer explosion, injured worker unable to rule out other causes (N.Y.), 340
– Epidural catheter maker awarded judgment where proof pointed to nurse's negligence (W.D. La.), 208
– Generic bupropion, information sharing provision of order too broad (D.N.M.), 578
– Hip prostheses

– – Circumstantial evidence of multiple failure no proof of defect (W.D. Okla.), 602
– – Fact question on discovery of defect, dismissal of suit reversed (7th Cir.), 778
– – Lack of evidence of deviation from standards and specifications dooms defect claim (W.D. La.), 824

– HRT, defense verdict upheld despite challenges to jury instructions and evidence (8th Cir.), 138
– Ladders, rivet improperly stamped, jury verdict approved after evidence review (E.D. Wis.), 519
– Lawnmower death, defense verdict, evidence barred on other accidents and maker's remedial actions (W.D. Ky.), 780
– Mining, MSHA report faulting clogged equipment wrongly excluded (4th Cir.), 285
– Motor vehicles, repair records do not support inference of defect in used car (Md.), 393
– Paxil

– – Pa. Mass Tort Program, no implied preemption in case linking suicide to drug (Pa. Ct. C.P.), 280
– – Pediatric warning claim not barred when FDA not stated position on link (E.D. Pa.), 842

– Polio vaccine allegedly caused tumor, suit dismissed when unable to identify maker (5th Cir.), 206
– PPA, deceased man's statements to children can't link drug to stroke (N.D. Ill.), 108
– Rotary hammer, Black & Decker database of claims and lawsuits meets test to admit evidence of no prior accidents (3d Cir.), 1021
– Sewer-clearing machine, evidence sufficient for electrical shock suit (Tex. App. Ct.), 64
– Skid loaders, “intended use” definition and evidence issues do not compel new trial (M.D. Pa.), 599
– Space heater, unable to prove cause of house fire (W.D. Ark.), 11
– Spinal implant discs, plaintiff allowed to take discovery related to clinical trials (S.D. Tex.), 579; venture capital firm remains defendant, 691
– Stand 'N Seal grout sealer MDL, claims to go forward against allegedly toxic ingredient (N.D. Ga.), 644
– Sudden acceleration, experts to testify to support circumstantial evidence (S.D.N.Y.), 8
– Sutures, loss of allegedly defective suture does not count against plaintiff (Del. Super. Ct.), 239
– Tires, defense verdict reversed, evidence of private life “unduly prejudicial” (Cal. Ct. App.), 774
– Trocar device, exclusion of evidence of similar device malfunctions rejected (Tenn. Ct. App.), 167
– Truck engine fires, no evidence of defect (Iowa Ct. App.), 110
– Zyprexa, learned intermediary doctrine bars widow's suit (S.D. Tex.), 186

EXECUTIVE ORDERS

– Import Safety Working Group, action plan updated, 649

EXERCISE EQUIPMENT

– Bowflex machines, Nautilus moves class action to federal court (Ark.), 113

EXPERIMENTAL DEVICES

– Heart device, clinical trial release does not absolve maker of liability in extraordinary injury (D. Minn.), 283

EXPERT WITNESSES

– Accutane as cause of inflammatory bowel disease, witness properly excluded, defense judgment affirmed (11th Cir.), 820
– Air bags

– – Expert evidence needed to establish causation (N.Y. App. Div.), 664
– – Tenn. consumer-expectation test used in non-deployment case (6th Cir.), 730

– Arbitration, Analysis and Perspective, 431
– Arsenic in chicken waste, exposure as cause of leukemia, multi-defendant causation test applied (Ark.), 496
– Asbestos

– – Floor tiles, inference that safer vinyl tiles available but not used allowed (Wash. Ct. App.), 284
– – Ohio, medical criteria provisions apply retrospectively (Ohio), 1050

– Benzene as cause of lymphoma, expert rejected while defense JNOV upheld (Miss.), 737
– Bridgestone/Firestone tire defect suit

– – Nylon cap theory disallowed (D.N.M.), 897
– – Sanction against expert set aside on due process ground (7th Cir.), 690

– Buses, verdict thrown out, jury must decide settling parties fault (Tex. App. Ct.), 922
– Cold-Eeze, case properly dismissed, siblings fail to link zinc to loss of smell (8th Cir.), 846
– Copper-plated exploding bullet suit to proceed (D. N.D.), 9
– Elidel, parents of toddler unable to prove drug caused lymphoma (E.D. Pa.), 685
– Epidural catheter maker awarded judgment where proof pointed to nurse's negligence (W.D. La.), 208
– Fiberglass stepladder, expert not needed but warranty claims tossed on privity and reliance grounds (E.D. Wash.), 314
– Fireworks cause eye injury, preemption defense disallowed when plead too late (8th Cir.), 714
– Freezer door handle, experience alone sufficient to qualify expert on assembly instructions (S.D.N.Y.), 895
– Ga. expert admissibility rules constitutional, exclusion in floor-covering case affirmed (Ga.), 281
– Horse trailer gate latch, expert allowed, feasibility study not needed (N.J. Super. Ct.), 86
– House fires

– – Clothes dryer, award in death upheld (Tex. App. Ct.), 105
– – Microwave ovens, dismissing experts went beyond Daubert (Vt.), 203
– – Space heater, unable to prove cause (W.D. Ark.), 11

– HRT as alleged cause of breast cancer

– – Rush, defense verdict upheld despite challenges to jury instructions and evidence (8th Cir.), 138
– – Scroggin, punitive award vacated, expert testimony wrongly admitted (E.D. Ark.), 659

– Knee implants, oxidation experts qualified but methods unreliable (N.D. Ill.), 336
– Ladders, rivet improperly stamped, jury verdict approved after evidence review (E.D. Wis.), 519
– Lawn mower severs fingers, testing and alternate warning at issue (E.D.N.Y.), 446; expert reinstated after test submission, 580
– Motor vehicles

– – Driveway mishap cause, plaintiff's expert lacked support from factual record (N.J. Super. Ct.), 1055
– – False testimony of expert alleged, attorney may not represent self when fact witness in case (S.D. Tex.), 715
– – Rear liftgate, repair instructions and warning fall within engineer's expertise (3d Cir.), 330
– – Sudden acceleration, experts to testify to support circumstantial evidence (S.D.N.Y.), 8

– Motorcycles tire failure, $15M jury award upheld despite not showing exact cause of defect (C.D. Ill.), 574
– Mussels undercooked, experts didn't adequately connect hepatitis (D. Md.), 782
– 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
– Pop tart buildup alleged cause of toaster fire, expert may use tests (W.D. Pa.), 848
– School bus fire, party had chance to be heard and defend expert, exclusion approved (Miss.), 419
– Scissors lifts, defect suit reinstated, erred in excluding experts (8th Cir.), 87
– Seat back collapse, punitive award reinstated, not excessive (Tenn. Ct. App.), 710
– Seeds, new federal pleading standards affect farm claim, expert's test adaptation allowed (M.D. Ga.), 397
– Sewer-clearing machine, evidence sufficient for electrical shock suit (Tex. App. Ct.), 64
– Skid loaders, defect suit reinstated, expert improperly excluded (Ind. Ct. App.), 581
– Swimming pools

– – Chlorine feeder explosion, plaintiffs' expert allowed to testify (Ohio Ct. App.), 65
– – Cleaner, no loss of smell evidence, medical testimony barred (E.D. Tenn.), 647

– Tobacco industry, wrongful death suit dismissed based on expert testimony (W.D. Mo.), 109
– Trocar device, exclusion of evidence of similar device malfunctions rejected (Tenn. Ct. App.), 167
– Vaccine injury suit dismissed when government expert more credible (Fed. Cir. Ct), 874
– Viagra MDL, plaintiffs and Pfizer file Daubert motions (D. Minn.), 6; some experts allowed, other excluded, 394
– Vioxx as cause of blood clot, verdict reversed, evidence legally insufficient (Tex. Ct. App.), 543
– Welding fume MDL, $20M award affirmed due to adequate expert proof on causation (N.D. Ohio), 750
– Wheelchair-docking system, expert's testing did not support accident theories (Ohio Ct. App.), 779
– Window leaks, expert issues doom homeowner class certification (Cal. Ct. App.), 641
– Zyprexa, wrongful death suit allowed, causation experts allowed (Me.), 493

EYE CARE

– Cataract surgery system, Alcon Labs. wins summary judgment (E.D. La.), 449
– Contact lens solution

See CONTACT LENS SOLUTION

– Testing, CPSC approves two methods, 147