Product Safety & Liability Reporter: Current Reports Index-Summary

IBUPROFEN

– Generic, challenge to OTC drug label preempted (N.D. Cal.), 596

ILLINOIS

– Adhesion barrier, court suggests ways of pleading around preemption ruling (N.D. Ill.), 777
– Aqua Dots suits consolidated (N.D. Ill.), 399
– 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
– Ceiling fans, Ill. court lacks jurisdiction over Taiwanese maker (Ill. App. Ct.), 107
– Craigslist, Ill. AG Madigan blasts CPSC over sales of recalled products, 990
– Defibrillators, Medtronic dismissal request denied when preemption unclear at this stage (N.D. Ill.), 900
– Firefighters with hearing loss, sirens as unreasonably dangerous claim rejected (Ill. Cir. Ct.), 440
– Heparin

See HEPARIN

– Hip prostheses, fact question on discovery of defect, dismissal of suit reversed (7th Cir.), 778
– Knee implants

– – Alternative arguments rejected, suit preempted (N.D. Ill.), 776
– – Oxidation experts qualified but methods unreliable (N.D. Ill.), 336

– Lead paint, “Thomas & Friends” railway toys, Ill. consumer class settlement approved (Ill. Cir. Ct.), 86
– Lipsticks contain high lead levels

– – Christian Dior suit (N.D. Ill.), 713
– – L'Oreal products, class action (N.D. Ill.), 64

– Mesh patch, removal of claim approved where plaintiff didn't follow pleading rule, medical malpractice claims time-barred (C.D. Ill.), 1057
– Motorcycles tire failure, $15M jury award upheld despite not showing exact cause of defect (C.D. Ill.), 574
– Pain relief bracelets, restitution award upheld against marketers (7th Cir.), 33
– Paxil, court adopts Colacicco decision, claim of inadequate warning of self-harm preempted (C.D. Ill.), 468
– PPA, deceased man's statements to children can't link drug to stroke (N.D. Ill.), 108
– ReNu contact lens solution, inadequate responsive pleading leads court to strike Bausch & Lomb answer and defenses (N.D. Ill.), 144
– Seating collapse caused death, award thrown out due to jury instruction error (Ill.), 1052
– Stove tipovers, Sears settles class action (Ill. Cir. Ct.), 183
– Underride collision fatality, maker need not consider risk to occupants of other vehicles (7th Cir.), 955

IMMUNITY

– Firearms, N.Y. public nuisance suit against gun industry tossed (2d Cir.), 466
– Mich. drug maker protections

– – HRT as cause of breast cancer, Mich. woman's claims barred (W.D. Ark.), 395
– – Paxil, federal law preempts fraud exemption (W.D. Mich.), 262
– – Repeal, governor calls for, businesses vow fight, 144
– – Rezulin, whether suit preempted (U.S., brief filed), 84; (oral arg), 202; (judg aff), 234

– PPA distributor not “seller” entitled to immunity (N.J. Super. Ct.), 597

IMPORTS

See INTERNATIONAL TRADE

INDEMNIFICATION

– Retail display in stream of commerce, shower door shattered in showroom (5th Cir.), 1024

INDIANA

– Crane, defense verdict upheld, opinion discusses Learned Hand negligence formula and defenses (7th Cir.), 88
– Dose dispensers, makers may be liable for toddler's overdose death from codeine (Ind. Ct. App.), 712
– Pain pumps, suit seeks to hold makers liable for degeneration of shoulder cartilage (S.D. Ind.), 338; oral arguments set on centralization (J.P.M.L.), 623; transfer and centralization denied, 804
– Paxil, suicide case to proceed on the merits, preemption ruling vacated (S.D. Ind.), 708
– Skid loaders, defect suit reinstated, expert improperly excluded (Ind. Ct. App.), 581

INDUSTRIAL EQUIPMENT AND MACHINERY

– Crane, defense verdict upheld, opinion discusses Learned Hand negligence formula and defenses (7th Cir.), 88
– Drilling equipment, case dismissed as spoliation sanction regardless of intent (Tenn. Ct. App.), 168
– Mining, MSHA report faulting clogged equipment wrongly excluded (4th Cir.), 285
– Skid loaders

– – Defect suit reinstated, expert improperly excluded (Ind. Ct. App.), 581
– – “Intended use” definition and evidence issues do not compel new trial (M.D. Pa.), 599

– Trim press, Ohio statute of repose constitutional but doesn't apply to pre-effective date injury (Ohio), 234

INFANTS

See generally CHILD SAFETY
– Car seats

See CHILD RESTRAINTS

INJURY INFORMATION

– ATVs, CPSC releases death and injury report, 192
– Bunk beds, injury report released, 605
– Consumer product complaint database

See LEGISLATION, FEDERAL, S 2663

– Crocs sandals, Japan orders U.S. maker to modify design due to injuries, 428
– Drug adverse event reporting system (AERS), FDA to post reports quarterly on Web, 879
– Fireworks, annual CPSC report on deaths and injuries, 631
– Infant formula, tainted milk scandal reignites debate on China product safety, 903
– Nursery product related injuries and deaths, CPSC releases report, 213
– Pool and spa submersion, CPSC releases report, 525
– Rollovers, IIHS finds strong vehicle roof linked to lower death and injury rates, 272
– Seat belt use by young people, study shows lower at night, 529
– Sports and recreational equipment linked to child injuries and deaths, CPSC encourages use of safety equipment, 427
– Submersion hazards memo released, warns of drownings in buckets and bathtubs, 969
– Tipover of appliances, furniture, and televisions, CPSC releases report, 828
– TREAD Act early-warning reporting

– – Deadline set, 742
– – NHTSA denies petitions to reverse FOIA exemption of confidential data, 475; deadline set for requests for confidential treatment, 722; data released online, 882
– – Rubber Mfr. Assoc. suit, data not exempt from disclosure (D.C. Cir.), 721

INSURANCE

– Cellular telephones, insurer must defend class suits alleging biological injury (Tex.), 847
– Coverage dispute, lawyer disqualified due to knowledge of ex-client's approach in similar lawsuits (S.D. Ohio), 898
– Drilling equipment, case dismissed as spoliation sanction regardless of intent (Tenn. Ct. App.), 168
– Nanotechnology, insurance group excludes from coverage, 967
– Recalls, Analysis and Perspective, 610
– Synthetic stucco products, damage date governs whether policy applies (Tex.), 845

INTERNATIONAL TRADE

See also specific countries and industries
– Asbestos import ban

See LEGISLATION, FEDERAL, HR 6903

– Bond requirement, Food and Product Responsibility Act

See LEGISLATION, FEDERAL, HR 5069, S 2081

– Bus rollover crash, NTSB hearing on safety of foreign-made motorcoaches, 995
– Child safety accountability, Analysis and Perspective, 219
– China

See CHINA

– Counterfeit goods, amount EU seized in 2007 declined, 527
– CPSC reforms

See LEGISLATION, FEDERAL, HR 4040, S 2045, S 2663

– CPSIA provisions, Analysis and Perspective, 974
– Drugs

– – Country of origin labeling

See LEGISLATION, FEDERAL, S 3633

– – Inspection program, GAO reports improvements needed, industry group agrees, 1063

– 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
– Foreign inspection programs, 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
– Global Food Safety Initiative, Wal-Mart joins, 933
– Heparin

See HEPARIN

– Medical Device Mfrs. Ass'n, medical technology executive forum discusses safety and imports, 1058
– Port surveillance, CPSC announces monitoring plan and greater presence, 245
– Protecting Americans from Unsafe Foreign Products Act

See LEGISLATION, FEDERAL, HR 5913

– Quality, ASQ reports companies need to take active role to ensure product safety, 95
– Safety concerns

– – CPSC, Nord outlines import safety plans, 38; CPSC seeks comments on four-pronged safety strategy, 473; comments received, 552; strategy released, 649
– – Food

– – – CRS report outlines FDA Amendments Act provisions, includes pet food labels and warning systems, 69
– – – Protection plan, GAO says government-wide review needed, 123

– – HHS announces two programs to implement action plan, 671
– – Medicine and other products, HHS Leavitt calls for global safety initiative, 525
– – Motor vehicles and equipment

– – – NHTSA seeks comments on best practices, 607; notice temporarily withdrawn, 653; NHTSA publishes notice, 696; makers comment, call for identifying marks, 831
– – – SAE meeting speakers discuss efforts to address safety, 508

– – Summit, experts urge combination of strategies to improve safety, 670; large retailers report heightened attention to safety, 671
– – Working Group, action plan updated, 649

– Vietnam, CPSC announces agreement, exchange aims to ensure safer imports, 272

INTERNET

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

– – Adverse event reporting system (AERS), FDA to post reports quarterly on Web, 879
– – Safety information, FDA launches new Web page, 1031
– – Zyprexa MDL, judge allows Internet broadcast of status conference (E.D.N.Y.), 263

– Lead paint, webcast of oral arguments offered in public nuisance suit (R.I.), 470; suit rejected, claims fall outside public nuisance law, 640; Analysis and Perspective, 834
– Tire registration, NHTSA proposes to allow electronic means, 151

INVESTIGATIONS

– Botox, Allergan subpoenaed for documents on off-label promotion, 292
– China food safety law, draft published, 426; national congress reviews latest draft, 1064
– Clinical trial oversight, GOP lawmaker's ask GAO to investigate, 291
– CPSC, Nord outlines import safety plans, 38; CPSC seeks comments on four-pronged safety strategy, 473; comments received, 552; strategy released, 649
– Drug maker inspections, HHS announces pilot project with EU and Australia, 671
– 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
– Heparin

See HEPARIN

– Medical devices, GAO reports on challenges to meet requirements, 114
– Mining, MSHA report faulting clogged equipment wrongly excluded (4th Cir.), 285
– NHTSA, defects

– – Closed, 856
– – Denied, 16; 587; 856
– – Expanded, 652
– – Opened, 17; 72; 126; 152; 176; 197; 248; 248; 274; 295; 296; 321; 344; 404; 430; 459; 478; 530; 530; 559; 587; 652; 696; 724; 744; 762; 788; 813; 857; 885; 907; 938; 1035; 1065
– – Petitions, 152; 634
– – Upgraded, 39; 176; 197; 216; 430; 477; 608; 696; 788; 833; 885; 973

IOWA

– Dog leash retracted and injured eye, state tort reform law constitutional (N.D. Iowa), 987
– Nursing home bed as cause of death, statute of limitations starts with “inquiry notice” of potential claim (Iowa), 334
– Truck engine fires, no evidence of defect (Iowa Ct. App.), 110