Product Safety & Liability Reporter: Current Reports Index-Summary

MALPRACTICE

– Endovascular coil, surgeon prevails, consent implied (La. Ct. App.), 130
– Medical, health care defendants not indispensable to claims against drug makers, claims severed and remanded to state court but jurisdiction over product liability suit retained (N.D. Ohio), 740

MANAGEMENT AND BUDGET OFFICE (OMB)

– Regulatory Affairs Office, Sunstein to head, 43; progressive scholars criticize pick, 139; confirmation hearing, 583

MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS ACT (MHA)

– 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

MANUFACTURING

– Air jacks

See AIR JACKS

– Conveyer belt, worker's design defect claim could go forward but no failure to warn (N.D.N.Y.), 986
– Foreign Manufacturers Legal Accountability Act

See LEGISLATION, FEDERAL, S 1606

MARITIME INDUSTRY

– Asbestos, makers of shipboard pumps and valves may be liable for mesothelioma contracted by exposure to replacement packing and insulation (Cal. Ct. App.), 1028

MARKETING

See ADVERTISING

MARYLAND

– Bisphenol A ban in baby bottles and cups approved by House, 394; Senate fails to approve, 453
– Flame retardant decabrominated diphenyl ether, Senate fails to approve ban, 453

MASSACHUSETTS

– Cigarettes, low-tar claims, deceptive practices class action allowed to proceed (Mass.), 359
– Medical monitoring, long-time smokers may pursue claims against maker for early lung cancer detection (Mass. Sup. Jud. Ct.), 1102
– Toxic chemicals, defense contractor lab worker may pursue exposure claim against parts makers where suit timely and employer not sophisticated about exposure (1st Cir.), 955

MDLs

See MULTIDISTRICT LITIGATION (MDLs)

MECHANICAL DOORS

– Negligence and strict liability, elderly woman severely injured by malfunction gets damages from store and door maker in accord (Ill. Cir. Ct.), 1085

MEDICAL DEVICES

– Back implants, domestic distributor of foreign made and implanted device not subject to personal jurisdiction (M.D. Ala.), 411
– Blood pressure monitor, mercury exposure alleged cause of chemical sensitivity, claim dismissed (S.D.N.Y.), 7; motion to vacate dismissal denied, 192
– Breast implants, strict liability claim for device implanted before approval preempted (M.D. Tenn.), 331
– Catheters

– – Access kits, hospital and anesthesia group may seek damages from maker where adequate notice of accord given (E.D. Mich.), 984
– – Fla., state law does not recognize per se negligence claim against surgical catheter maker based on violation of FDA rule (M.D. Fla.), 937
– – Ohio, long-arm statute does not confer personal jurisdiction of over domestic subsidiary of foreign corporation (N.D. Ohio), 537

– Cypher drug-eluting stent

– – FDCA preempts claims for heart attack from blood clot at site but warranty claims may be pleaded to avoid bar (D. Minn.), 689
– – Fla., state court may hear parallel product liability claims despite FDCA preemption (Fla. Dist. Ct.), 978

– Defibrillators

See DEFIBRILLATORS

– Dental implants, surgeon who served as adviser and designer for maker not liable for injuries from fragmentation (La. Ct. App.), 692
– Endovascular coil, spoliation claim may proceed as questions of fact remain, surgeon prevails on malpractice claim (La. Ct. App.), 130
– FDA-approved, preemption

See PREEMPTION

– FDA authority enhancement

See LEGISLATION, FEDERAL, S 882

– Ga., bill proposes state product liability protection for manufacturers, 192
– Glucose monitors, claim by estate of diabetic untimely where claims did not relate back to original complaint against other makers and no notice of claims against them (N.D. Ind.), 788
– Heart monitor, damages award to man who had unexpected heart transplant after failure upheld where maker knew of malfunction but failed to correct or warn parties (Wash. Ct. App.), 754
– Heart valve implants, class certification for higher risk of paravalvuar leaks denied for 3d time, individual issues predominate (D. Minn.), 712
– Hernia patch

See HERNIA PATCHES

– High-risk, FDA review should be more stringent or devices should be reclassified, GAO report says, 107
– Hip prosthesis

See HIP PROSTHESIS

– Import safety

See LEGISLATION, FEDERAL, HR 759

– India, U.S. FDA opens office to improve safety, 112
– Knee implants

– – Exclusion of testimony on causation reversed (N.D. Ill.), 160
– – Expert testimony on causation of defect, exclusion leads to summary judgment for maker (C.D. Ill.), 159
– – Joinder of in-state sales representative defeats diversity jurisdiction (D.N.M.), 106
– – Presumption of nonliability in state consumer protection law, maker wins summary judgment (E.D. Mich.), 156

– Medical Device Safety Act

See LEGISLATION, FEDERAL, HR 1346, S 540

– Medical monitoring

See MEDICAL MONITORING

– Medical products, including drugs, biologics, and devices, added to FDA oversight list, 109
– Microwave therapy devices, Medical Device Amendments preempts claims against maker (N.Y. Sup. Ct.), 39
– Off-label promotion, FDA issues guidance easing restrictions, 69
– Pain pumps

See PAIN RELIEF PRODUCTS

– Preemption

See PREEMPTION

– Prosthetic implants, complaint for device failure not subject to dismissal under federal rules but no Wash. law claim (W.D. Wash.), 1083
– Seprafilm barrier, allergic reaction claim for breach of warranty and negligence preempted (N.D. Ill.), 534
– Shoulder chair, expert properly from testifying about defects where no alternative design suggestions or consultations with industry (Mich. Ct. App.), 1051
– Spinal disc replacements, fraud and misrepresentation in obtaining FDA approval, pleading standards not met (S.D. Tex.), 406
– State tort litigation serves important deterrence value, preemption seen as hindrance, 365
– Strategic Plan for Risk Communication, FDA issues outline of efforts to disseminate more meaningful data about prescription drugs, medical devices, and other regulated products, 1055
– TLC 55 cutter/stapler, woman who had gastric bypass may pursue claim for failed staple line where whether device was used is factual dispute (E.D. Ark.), 957; plaintiff failed to prove product unreasonably dangerous due to manufacturing defect, 1089
– Urinary incontinence device, ObTape maker wins negligence, failure to warn verdicts (Cal. Super. Ct.), federal cases consolidated (J.P.M.L.), 8; names of doctors reporting adverse effects must be redacted in discovery but foreign doctors not protected (M.D. Ga.), 785; no punitive damages available under N.J. law, 939
– Vena cava filter, failure to identify and provide copies of expert witness reports within time set by court dooms claim (E.D. Ky.), 480
– VNS Therapy Sys., claims for device approved in rigorous premarket approval preempted (E.D. Pa.), 999
– Wheelchairs, woman injured in tipover may pursue manufacturing defect and negligence claims but no defective design (N.D.N.Y.), 1052

MEDICAL MONITORING

– Unapproved device implanted in infant, motion to dismiss denied under Del. law (E.D. Pa.), 190

MEDICAL PROCEDURES

– LASIK, Food, Drug, and Cosmetic Act preempts Cal. unfair competition and consumer remedy claims for use for unapproved diagnoses (S.D. Cal.), 1008

MELAMINE

– China

See CHINA

MERCURY

– Blood pressure monitor, exposure alleged cause of chemical sensitivity, claim dismissed (S.D.N.Y.), 7; motion to vacate dismissal denied, 192
– Canned tuna

– – Preemption of failure to warn claim (U.S., rev sought), 104; plaintiff seeks denial of review (brief filed), 357; (U.S., rev den), 474
– – Proposition 65 not applicable to naturally occurring chemicals (Cal. Ct. App.), 342

– Vaccine preservatives

– – Autism, special masters find no link to childhood vaccines (Fed. Cl.), 187
– – Preemption, drug firms seek review of decision that Vaccine Act does not bar design defect claim for child's neurological damage (U.S., rev sought), 630; government's view on whether to review preemption sought, 659

MESOTHELIOMA

– Association with asbestos exposure

See ASBESTOS

METOCLOPRAMIDE

– Diversity jurisdiction, non-forum defendant properly removed claim (E.D. Pa.), 500
– Federal labeling law does not bar claim against generic manufacturer (D. Vt.), 4; certification for interlocutory review denied, 440
– Generic labeling law preempts failure-to-warn claims against manufacturer (W.D. Ky.), 251
– Liability and preemption cases by users of generic drugs against manufacturers, state supreme court will not rehear (Cal., rev den), 100
– Long-term use or high-dose use, label warning about risks must be added, FDA says, 253
– Reglan, claims against generic drug not preempted, brand name claims preempted (W.D. Okla.), 335; judicial panel refuses to consolidate claims, factual issues on neurological injuries not shared (JPML), 696

MHA

See MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS ACT (MHA)

MICHIGAN

– Medical devices, presumption of nonliability in state consumer protection law, knee implant maker wins summary judgment (E.D. Mich.), 156
– Paint cleaning solvents, sprayer maker does not have duty to warn of dangers of third-party products (6th Cir.), 564
– Pharmaceutical company liability immunity, House votes to repeal, 390

MILITARY CONTRACTORS

See DEFENSE CONTRACTORS

MINNESOTA

– Bisphenol A, legislation banning in baby bottles and sipper cups signed by governor, 608
– Choice of law, Tex. law does not apply to claim for folding table injury claim where most significant contacts in state (Tex. Ct. App.), 1001
– Defibrillators, Sprint Fidelis leads, federal law preempts claims (D. Minn.), 32; court seeks attorneys' views on immediate appeal, 134; plaintiffs revise amended complaint, 307; judge rejects recusal, 307; reconsideration of recusal denied, 408; amendment of master consolidated complaint denied, 601
– Statutes of limitations, state limitations period applies to case filed in-state by non-resident who charged hormone therapy drugs caused breast cancer (Minn.), 950

MINOCYCLINE

See ANTIBIOTICS

MINORITIES

– Racial disparities in risks and incidence of preventable product-related injuries and deaths, report to Congress outlines steps taken to address, 1092

MIRAPEX

– Jurisdiction, joinder of doctor lacking basis in fact or law deemed fraudulent (D. Minn.), 364

MISREPRESENTATION

See FRAUD AND MISREPRESENTATION

MISSOURI

– Tobacco industry, one of 3 punitive damages claims by longtime smoker dismissed (Mo. Ct. App.), 6

MISTRIALS

– Rollovers, Nissan Pathfinder plaintiff may pursue roof-defect theory at retrial despite failure to make claim in first trial (Cal. Ct. App.), 153

MONTANA

– Evidence, car seat maker's regulatory compliance properly excluded from jury consideration but should have allowed in weighing punitive award (Mont.), 1030

MOTOR COACHES

See BUSES
– Wheelchair lifts

See WHEELCHAIR LIFTS

MOTOR SCOOTERS

See MOTORCYCLES

MOTOR VEHICLE SAFETY ACT

– Transportation Collaborative line, NHTSA public hearing whether duty to inform owners, purchasers, and dealers of efforts to remedy defects met, 1039

MOTOR VEHICLES

– Accelerator control systems

See ACCELERATOR CONTROL SYSTEMS

– Advanced Technology Vehicle Act

See LEGISLATION, FEDERAL, HR 3246

– Air bags

See AIR BAGS

– Air jacks

See AIR JACKS

– All-terrain vehicles

See ALL-TERRAIN VEHICLES (ATVs)

– Analog emergency-response system, no review of certification of nationwide class of consumers who had Tele Aid system in Mercedes Benz cars (3d Cir.), 664
– ATVs

See ALL-TERRAIN VEHICLES (ATVs)

– Bentley Motors, discovery process misused so flagrantly that failure to sanction was abuse of discretion (Cal. Ct. App.), 686
– Brakes

See BRAKES

– Breach of warranty claim, maker claims for defective parts from supplier following recall results in $47M verdict (Mich. Cir. Ct.), 444
– Bumpers, NHTSA requests comments on whether to apply passenger vehicle standard to light trucks, vans, and SUVs, 701
– Buses

See BUSES

– Chrysler LLC, sale to Fiat halted pending pension funds' appeal of bankruptcy court approval (2d Cir.), 633; sales pact revised to require all warranty claims to be honored by new firm, 634; temporary stay lifted, sale of all of Chrysler's assets to new firm owned partly by Fiat finalized (U.S., rev den), 658; defective vehicles sold before bankruptcy filings will continue to cause deaths and injuries, report, 723; consumer groups and plaintiffs' attorneys petition FTC to force Chrysler to put warnings about warranty protection on used cars, 795; litigation stay modified, allows limited activity in appeal of jury verdicts, 834; Chrysler Grp. will accept product liability claims for cars produced by predecessor for incidents after bankruptcy sale final, 930; accord with man for death of wife and mother-in-law finalized, may lift litigation stay (S.D.N.Y.), 1002; accord with longshoreman killed by pickup truck with defective transmission approved (S.D.N.Y.), 1049
– Clutch pedal assembly mounting bracket, NHTSA opens investigation of Mazda RX8, 1059
– Crash avoidance technologies

See CRASH AVOIDANCE

– Crash tests

See CRASHWORTHINESS

– Cruise control

See CRUISE CONTROL

– Defect investigations

See INVESTIGATIONS, NHTSA, DEFECTS

– Discovery of jury conduct over settlement agreement allowed (Tex), 404
– Door latches

See DOOR LATCHES

– Equipment

See specific types of equipment

– E.U., states adopt rule consolidating laws on type approval, will introduce rules on tires, tire pressure monitoring, and electronic stability control, 724
– Front control arms, NHTSA investigates Hyundai Elantra, 260
– Fuel systems

See FUEL SYSTEMS; OIL AND GAS

– General Motors, state AGs objection to sale to new entity formed only to acquire assets (Bankr. S.D.N.Y.), 719; defective vehicles sold before bankruptcy filings will continue to cause deaths and injuries, report, 723; arguments on sale of assets began, creditors object to financial stipulations, 737; bankruptcy sale requires new firm to assume liability for harm caused by old vehicles after bankruptcy, 738; accident victims and asbestos claimants fail to get delay in court order approving sale, new firm partly owned by Treasury Dep't emerges, 755
– Headlights

See HEADLIGHTS

– Hypothermia, leading cause of death for noncrash vehicle incidents, CPSC issues advisory on dangers of leaving children in cars, 672; NHTSA releases consumer advisory warning, 725
– Import safety, NHTSA best practices supported by importers in comments, 15
– Internet sales by casual seller, N.J. Consumer Fraud Act covers (N.J.), 439
– Jacks, air

See AIR JACKS

– Motorcycles

See MOTORCYCLES

– National Traffic and Motor Vehicle Safety Act

See NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY ACT

– Nontraffic incidents, NHTSA releases first study, 141
– Recalls

– – Monthly report, BNA, Dec., 74; Jan., 199; Feb., 298; March., 428; April, 545; May, 675; June, 772
– – NHTSA, 748

– Rollovers

See ROOF STRENGTH

– Roof strength

See ROOF STRENGTH

– ROVs

See ALL-TERRAIN VEHICLES (ATVs)

– Rulemaking, NHTSA non-final Bush administration rules stayed, 113
– Safe Highways and Infrastructure Protection Act

See LEGISLATION, FEDERAL, HR 1618, S 779

– Seat belts

See SEAT BELTS

– Steering systems

See STEERING SYSTEMS

– SUVs

See SPORT UTILITY VEHICLES (SUVs)

– Tail lights and turn signals, comments on color choice sought, 582
– Transmissions

See TRANSMISSIONS

– TREAD Act, NHTSA amends by raising thresholds for quarterly reporting by light vehicle, medium-heavy vehicle, motorcycle, and trailer makers, 1013
– Trucks

See TRUCKS

– Trunk releases, child safety group urges GM to recall 2000-2001 models to retrofit with internal releases, 725
– 2009 ratings, Consumer Reports, 260
– Warranties

See WARRANTIES

– Wheelchair lifts

See WHEELCHAIR LIFTS

MOTORCOACHES

See BUSES

MOTORCYCLES

– Antilock brakes help reducing fatal crashes, speaker says, 170
– Frame cracks, American Suzuki recalling for inspection, 142; recall announced, 172
– Harley-Davidson, cracked wheels, NHTSA recall, 892
– Jonway motor scooters, brake line abrasion and fuel filter leaks, investigation opened, 320
– Kawasaki Motors recalls 16,500 motorcycles over exhaust, timing inspection caps, and wiring concerns, 260
– Lead in children's products

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– Recalls, monthly report, BNA, Dec., 675
– TREAD Act, NHTSA amends by raising thresholds for quarterly reporting by light vehicle, medium-heavy vehicle, motorcycle, and trailer makers, 1013
– Yamaha, wiring problem leads to recall, 73

MOUTHWASH

– Discolored teeth, Mich. man files class action claiming Crest product carries risk of staining teeth (E.D. Mich.), 885

MULTIDISTRICT LITIGATION (MDLs)

– Agent Orange, damage claims against makers dismissed (rev den), 282
– Airplane crashes in icy conditions, MDL judge refuses to hold trial on common issues (D. Kan.), 248
– Antidepressants

See ANTIDEPRESSANTS

– Aredia and Zometa

See BONE-BUILDING DRUGS

– ATVs, injury suits against Yamaha Motor Corp. (J.P.M.L.), 217
– Avandia

See AVANDIA

– Class actions

See CLASS ACTIONS

– Defibrillators

See DEFIBRILLATORS

– Drywall, sulfur tainted from China

See CHINA

– Expert witness fees, plaintiffs must pay to depose expert in Australia (S.D.N.Y.), 312
– Ghostwriting, documents concerning drug maker engaging doctors to write medical journal articles without mentioning corporate role unsealed (E.D. Ark.), 857
– Grout sealant, no strict liability against sole wholesale distributor, not actively involved in design, but may be negligent (N.D. Ga. MDL), 807
– Hernia patches

See HERNIA PATCHES

– Jurisdiction, medical relations, advertising, and public relations firms headquartered in other states retained to oversee litigation lack sufficient contacts for personal jurisdiction (E.D. Ark.), 363
– Neurontin

See ANTIEPILEPTIC DRUGS

– Ortho-Evra birth control patch

See CONTRACEPTIVES

– Osteoporosis medication

See BONE-BUILDING DRUGS

– Seroquel

See SEROQUEL

– Teflon-coated cookware, toxicity claims voluntarily dismissed (S.D. Iowa), 600
– Urinary incontinence device, ObTape maker wins negligence, failure to warn verdicts (Cal. Super. Ct.), federal cases consolidated (J.P.M.L.), 8; names of doctors reporting adverse effects must be redacted in discovery but foreign doctors not protected (M.D. Ga.), 785; no punitive damages available under N.J. law, 939
– Viagra, causation expert excluded, discrepancies in study linking drug to vision problems undermine reliability (D. Minn.), 938
– Vytorin/Zetia

See CHOLESTEROL REDUCTION DRUGS

– Women's undergarments, judicial panel refuses to consolidate suits against Victoria's Secret for skin irritations and allergic reactions (JPML), 696
– Yaz

See CONTRACEPTIVES

– Zinc, judicial panel consolidates claims for denture cream that caused copper deficiency and neurological injuries (S.D. Fla.), 695
– Zyprexa

See ANTIPSYCHOTICS