Product Safety & Liability Reporter: Current Reports Index-Summary

HAZARDOUS SUBSTANCES

HEADLIGHTS

– Lighting standard, NHTSA denies request to harmonize with international standards, 963
– Mack Trucks, faulty switches prompt company recall, 16
– Prius, probe of light failures opened, 487

HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)

– National Childhood Vaccine Act, child who developed seizure disorder leading to language and developmental delays after DTP vaccine gets damages (Fed. Cir.), 410

HEALTH CARE

– Drugs

See PHARMACEUTICALS; specific types of drugs or name of drug

– Hospitals

See HOSPITALS

– Medical devices

See MEDICAL DEVICES; specific types of device

HEALTH CARE INDUSTRY

– Cottonoid left in body after surgery, hospital not subject to strict liability where no sale of product (E.D. Mo.), 882

HEARING IMPAIRMENT

– Firefighters, hearing loss risk

See SIRENS

HEART MEDICATION

See GASTROINTESTINAL MEDICATIONS
– Digitek

See DIGITEK

HEATERS AND HEATING EQUIPMENT

– Expert witnesses, fire marshals not qualified as experts on causation of fire (4th Cir.), 65
– Home heating dangers, CPSC offers fire, CO poisoning recommendations, 140
– Space heaters, expert testimony about causation properly excluded (8th Cir.), 101

HEAVY EQUIPMENT

– Motor grader, man hurt when wheel assembly forcefully separated while trying to inflate tire has no claim against make where product substantially changed before accident (10th Cir.), 804

HERBICIDES

– Leukemia death, lack of product identification dooms claim (4th Cir.), 441

HERNIA PATCHES

– Kugel implants

– – Joinder of non-maker defendants proper (D. R. I.), 38; independent consultant's reports after recall and FDA inspection protected by work product privilege (D. R.I.), 635
– – Jurisdiction, nondiverse doctors and hospital that should have known of recall deemed proper defendants (E.D. Pa.), 363
– – Nondiverse defendant properly joined, proceeding remanded (D.R.I.), 572
– – Successor liability, no liability for patches made by predecessor where continuation of business exception criteria not met (W.D. Ark.), 936

HEXAVALENT CHROMIUM

– Scientific evidence, plaintiff who retained expert may not exclude defense's evidence just because widow may not understand (M.D. Ga.), 759

HHS

See HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)

HIGHWAYS

– Equipment

See HEAVY EQUIPMENT

– Safe Highways and Infrastructure Protection Act

See LEGISLATION, FEDERAL, HR 1618, S 779

HIP PROSTHESES

– Jurisdiction, joinder on in-state distributor to defeat jurisdiction causes dismissal of claim for failure (M.D. Fla.), 1070
– Preemption, no right to reconsideration of preempted claims, amended claims barred after ruling (N.D. Ill.), 977

HIP PROSTHESIS

– FDA premarket approval

– – Defective design and negligence claims preempted, warranty claims viable (D.N.J.), 339
– – Plaintiff failed to allege “parallel” violations that withstand preemption, suit dismissed (E.D.N.Y.), 246

– Limitations period, woman may maintain replevin action where filed within 3 years after return demanded but warranty beach claims untimely (D.D.C.), 811
– Preemption, Med. Devices Amendments bars N.C. law claims, no causal link between U.S. law violation and injury (M.D.N.C.), 903
– Strict liability, both maker and distributor can be held liable for defective product, remanded to state court for nondiverse defendant (E.D. Cal.), 665
– Unreasonable construction or composition claim requires proof of defect when product left manufacturer's control (5th Cir.), 409

HOME AND GARDEN

– Asbestos, woman who got mesothelioma after washing work clothing of family who were exposed to weatherproofing products may pursue claim (M.D. La.), 1030
– Bay West and Hillyard paper towel dispensers, CPSC recall report, 1021
– Black & Decker trimmer/edgers, model GH1000 Grasshog XP, CPSC recalls, 870; recall report, 1021
– Blue Ember gas grills, exposure of gas hose to firebox, recall, 892
– Energizer Light on Demand nightlights, fire hazard, 892
– Fashion Stitches & More, ionic salt lamps, fire hazards, 892
– Gas grills, CPSC and Canada recall where hose of gas tank causes fire hazard, 819
– Homelite, Husky, and Black Max generators, CPSC announces voluntary recall where fuel gauge leads excessive gasoline, 919; recall report, 1021
– Incandescent light bulbs, E.U. law phasing out takes effect, consumer groups criticize since alternative fluorescent bulbs may be health risk, 962
– Kidde, smoke alarms, electrostatic discharge, recall, 892
– Lawn mowers

See LAWN MOWERS

– OJ Electronics, thermostats, electric shock hazard, 892
– Ross marble top plant stands, 1021

HORMONE REPLACEMENT THERAPY

– Breast cancer, woman who claimed drugs caused has no claim, no generally accepted method for diagnosing cause (Minn. Ct. App.), 838
– Jurisdiction, medical relations, advertising, and public relations firms headquartered in other states retained to oversee litigation lack sufficient contacts (E.D. Ark.), 363
– Limitations period, Minn. statute applies to case filed in-state by non-resident charging drugs caused breast cancer (Minn.), 950
– Prempro

– – Failure to warn claim not preempted (Tex. Ct. App.), 472
– – Ghostwriting, documents concerning drug maker engaging doctors to write medical journal articles without mentioning corporate role unsealed (E.D. Ark.), 857

HORNS

– Controls, no need to put symbol or other identifier if placed in middle of steering wheel, NHTSA final rule, 891

HOSPITALS

– Cottonoid left in body after surgery, hospital not subject to strict liability (E.D. Mo.), 882
– William Beaumont Hosp., hospital and anesthesia group may seek damages from catheter access kit maker where adequate notice of accord given (E.D. Mich.), 984

HOUSING AND URBAN DEVELOPMENT DEPARTMENT (HUD)

– Preemption, hurricane victims' state law claims for formaldehyde in FEMA trailers barred by MHA and HUD rules (E.D. La.), 623; reports and statements related to congressional inquiries excluded from evidence, 985; trailers not unreasonably dangerous, no duty to warn of formaldehyde risks (dec), 1047

HUD

See HOUSING AND URBAN DEVELOPMENT DEPARTMENT (HUD)

HUMAN BIOLOGICAL PRODUCTS

– Blood, Cal. and Taiwanese limitations periods bar hemophilia treatment product contamination claims (N.D. Ill.), 448
– Sperm, strict liability claim alleging gene defect allowed to proceed (E.D. Pa.), 407; minor with genetic disorder has no claim against sperm bank, 757

HURRICANES

– Katrina and Rita, victims' state law claims for formaldehyde in FEMA trailers barred by MHA and HUD rules (E.D. La.), 623; reports and statements related to congressional inquiries excluded from evidence, 985; trailers not unreasonably dangerous, no duty to warn of formaldehyde risks (dec), 1047
– Rita, families of nursing home residents who died in bus crash while evacuating get $80M in accord with bus maker (Tex. Dist. Ct.), 663

HYDROXYCUT

See DIET DRUGS