Product Safety & Liability Reporter: Current Reports Index-Summary

HAWAII

– Benlate, recovery in fraudulent inducement to settle case blocked (U.S., rev den), 415

HEAD RESTRAINTS

– Global regulation, NHTSA seeks comments, 175

HEADLIGHTS

– Crash avoidance technology study, IIHS reviewed potential of five systems, 428

HEALTH AND MEDICAL PRODUCTS

– Artificial joints

See ARTIFICIAL JOINTS

– Blood pressure monitor alleged cause of mercury exposure, latent injury claim may proceed, proof of untimeliness unclear (S.D.N.Y.), 959
– Body wrap weight-loss treatment, woman's health claims not time-barred (E.D. Cal.), 1056
– Bone plates allegedly cause ligament damage, class certification sought (D.N.J.), 143
– Breast implants, French defendant ordered to pay interest from date of breach of settlement (Cal. Ct. App.), 627
– Cardiac catheters, FDA premarket approval triggers preemption (U.S., aff), 182; Leahy (D-Vt) says Supreme Court preemption rulings warping congressional intent, 602; AdvaMed panel discusses liability risks for devices, 929
– Cataract surgery system, Alcon Labs. wins summary judgment (E.D. La.), 449
– Catheters

See CATHETERS

– Cautery machine, amended complaint naming true defendant relates back to original filing (N.D. Miss.), 450
– China, CRS report cites economic implications of product safety and quality concerns, 69
– Cochlear implants

– – Adulterated, parallel requirements argument survives preemption claim (N.D. Tex.), 799
– – Damages sought, device allegedly differs from FDA approved device (D. Mass.), 338

– Condylar screw plates, “unavoidably unsafe product” instruction applies in Class II or Class III device cases (Conn. App. Ct.), 550
– Defibrillators

See DEFIBRILLATORS

– 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
– Enforcement, Web seminar panelists tell makers to expect increase focus, 290
– Epidural catheter maker awarded judgment where proof pointed to nurse's negligence (W.D. La.), 208
– 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
– Hearing devices, finding of no preemption reversed (Ark.), 392
– Heart devices

See HEART DEVICES

– Heart valves

See HEART VALVES

– Heat therapy pads, express warnings protect maker (5th Cir.), 188
– Incontinence treatments, device allegedly causes severe injuries (C.D. Cal.), 116
– Inspections, GAO reports on challenges to meet requirements, 114
– Labeling, FDA proposal reaffirms position on “changes being effected” supplements, 66; Democrats question proposal, 92; Democrats send second letter urging rule withdrawal, 241; trial lawyer group critical, says contradicts congressional intent, 289; Democrats grill FDA official at hearing on preemption, 497; House Oversight Comm. seeks FDA documents showing stance on preemption, 667; FDA finalizes rule, 827
– MDL lessons learned, Analysis and Perspective, 49
– Medical Device Mfrs. Ass'n, medical technology executive forum discusses safety and imports, 1058
– OBTape, no medical monitoring claim outside toxic tort context (W.D. Mo.), 775
– Oversight improvements

See LEGISLATION, FEDERAL, S 3409

– Pain pumps, degeneration of shoulder cartilage

– – Continued use, Kan. woman alleges use not design unsafe (D. Minn.), 877
– – Drug companies 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

– Pain relief bracelets, restitution award upheld against marketers (7th Cir.), 33
– Physical therapy machine, Japanese maker must answer injury claims (E.D. Ark.), 472
– Preemption

– – AdvaMed panel discusses liability risks for devices, 929
– – Medical Device Safety Act

See LEGISLATION, FEDERAL, HR 6381, S 3398

– – Supreme Court rulings warping congressional intent, Leahy (D-Vt) says, 602

– Radiation therapy devices, case dismissed for lack of personal jurisdiction over maker (5th Cir.), 371
– Spinal column stimulator, suit alleges caused “jolting sensations” and visible burns (M.D. Fla.), 1027
– Spinal implant discs

See SPINAL DISCS

– Surgical closures

– – Adhesion barrier, court suggests ways of pleading around preemption ruling (N.D. Ill.), 777
– – Cutting/stapling device maker not liable for failure to warn when doctor aware of risk (Tex. Ct. App.), 34
– – Panacryl sutures, oral arguments set on centralization (J.P.M.L.), 623
– – Perclose suturing device, defense judgment not precluded for non-preempted claim (Kan.), 626
– – Stapler, failure to identify defeats second motion to compel discovery (N.D. Ga.), 66
– – Sutures, loss of allegedly defective suture does not count against plaintiff (Del. Super. Ct.), 239
– – Tape, ObTape suit remanded to state court, facts do not support improper joinder (S.D. Fla.), 522
– – Teflon surgical paste approved prior to MDA, state warning claims preempted (W.D. La.), 106

– Testicular prosthesis, state suit preempted (Cal. Ct. App.), 85
– Trocar device, exclusion of evidence of similar device malfunctions rejected (Tenn. Ct. App.), 167
– Urinary sphincter device, case dismissed for ineffective pleading (D. Md.), 497

HEARING DEVICES

– Preemption, plaintiff judgment reversed (Ark.), 392

HEART DEVICES

– Clinical trial release does not absolve maker of liability in extraordinary injury (D. Minn.), 283
– Defibrillators

See DEFIBRILLATORS

– Monitor faulty, jury awards $40M for injuries (Wash. Super. Ct.), 283

HEART VALVES

– Class actions, individual issues predominate (8th Cir.), 366
– MDA preemption upheld

– – Baxter Healthcare (Cal. Ct. App.), 59
– – St. Jude Medical (U.S., rev den), 207

HEATERS AND HEATING EQUIPMENT

– Aloha Breeze electric oscillating tower heaters, Aloha Housewares recalls, fire hazard, 192
– Space heaters

– – Gas connectors, LDR Indus. recalls, fire and explosion hazard, 246
– – House fire, unable to prove cause (W.D. Ark.), 11

– Vornado heater trust agrees to pay civil fine for reporting failures, 148

HELICOPTERS

– Air ambulance crash, parties settle for $18.4M (Neb. Dist. Ct.), 441
– Radio-controlled helicopter kits

See TOYS AND GAMES

HELMETS

– Child injuries and deaths, CPSC links to sports and recreational equipment, encourages use of safety equipment, 427
– Motorcycles

– – DOT sends measure to Congress seeking state funds to boost use, 196
– – EBL Enterprises recalls, 459
– – Helmet City recalls, 997
– – Minimum performance standards to include stronger tests and clearer labeling, 971
– – State laws strong predictor of use, NHTSA says, 811

HEPARIN

– Allergic reactions and deaths being investigated, House funding panel holds drug safety hearing, 210; Dingell (D-Mich) and Stupak (D-Mich) send letters to HHS and FDA on foreign inspection program, 211; House members criticize FDA inspection failures, GAO report also released at hearing, 421; House investigator ties problem to FDA failure to inspect Chinese facility, 454; Senators say FDA needs additional resources and greater authority, 456
– Clinical trial oversight, GOP lawmaker's ask GAO to investigate, 291
– MDL, consolidation motion set (J.P.M.L.), 494; panel transfers suits (N.D. Ohio), 579; retired nurse and husband sue Baxter alleging harm, 647
– Recalls, injection vials, Am. Health Packaging recalls, 317

HERBICIDES

– Agent Orange, U.S. veterans and Vietnamese cannot seek damages (3d Cir.), 207
– Outlook, claims allowed for ruined sweet potato crop (W.D. La.), 520
– Paraquat, jury rejects claims caused highway worker's death (Cal. Super. Ct.), 370

HERNIA PATCHES

– Ark. man sues maker, alleges product became infected (E.D. Tex.), 35
– Kugel mesh case remanded, joinder of non-maker defendants proper (E.D. Tenn.), 716
– Multidistrict litigation (MDL)

– – Kugel, scope not limited to patches actually recalled or containing recoil ring (D.R.I.), 92; Davol unable to talk to treating doctors (R.I. Super. Ct.), 873
– – Lessons learned, Analysis and Perspective, 49

– Statute of limitations no bar to man's claims, on notice from FDA report (R.I. Super. Ct.), 519

HIP PROSTHESES

– Circumstantial evidence of multiple failure no proof of defect (W.D. Okla.), 602
– Device maker named as defendant in suit removed to federal court, improper physician contacts also alleged (W.D. Okla.), 1027
– 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
– Marketing, oral arguments set on centralization (J.P.M.L.), 623
– Noisy implants, suit fails to state cause of action (D.N.J.), 90

HORMONE REPLACEMENT THERAPY (HRT)

– Breast cancer cause alleged

– – Arkansas

– – – Mich. woman's claims barred (W.D. Ark.), 395
– – – Rush, defense verdict upheld despite challenges to jury instructions and evidence (8th Cir.), 138
– – – Scroggin, compensatory damages awarded (E.D. Ark.), 205; jury awards punitive damages, 260; punitive award vacated, 659

– – Mo. not inconvenient forum for women's suit (Mo.), 927
– – Nev., court refuses new trial, orders remittitur hearing on award (Nev. Dist. Ct.), 166; verdict reduced, 185
– – N.J. mass tort suit, warning adequate, argument based on label change rejected (N.J. Super. Ct.), 684
– – Pa., N.J. woman to appeal statute of limitations and causation decisions (Pa. Ct. C.P.), 61

– Class certification denied, named plaintiff does not represent class (S.D. Cal.), 204

HOUSEHOLD APPLIANCES

See APPLIANCES

HYBRID VEHICLES

– Defect investigations, NHTSA, 16
– Quiet-car and blind pedestrian safety, NHTSA meeting set, 559