Product Safety & Liability Reporter: Current Reports Index-Summary

NANOTECHNOLOGY

– Regulatory oversight needed to address risks, 505
– Risk perception and litigation potential, Analysis & Perspective, 458
– Websites of interest, 467

NATIONAL CHILDHOOD VACCINE INJURY COMPENSATION ACT

– Preemption, drug firms seek review of decision that U.S. law 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

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)

– Administrator, Hurley nominated, 414; Hurley withdraws, 581; regulation specifying order of succession amended, administrator job still unfilled, 991
– Agency reports progress on regulatory priorities at congressional hearing, consumer groups list shortcomings, 605
– Brake transmission shift interlock device, safety standard requiring automatic transmission vehicles to have proposed to protect children from rollaways, 943
– Brakes, large trucks, new standards to improve stopping distances issued, 820
– Budget, FY 2010, Obama unveils DOT request, 258
– Bumper standard, comments requested on whether to amend to require light trucks, vans, and SUVs to comply with passenger vehicle rules, 700
– Civil penalties

– – Hike in maximum for safety rules involving school buses, bumper standards, consumer information and other standards proposed, 701
– – Monetary settlements, final rule increases chief counsel authority to compromise in bankruptcy, 891

– Crash dummies, changes to femur specifications for 6-year old child used in crash and equipment compliance tests proposed, 1116
– Crashworthiness, performance criteria and tests for small female dummies used in side-impact crash tests proposed, 723
– Defect investigations

See INVESTIGATIONS, NHTSA, DEFECTS

– Frontal crashes, comments sought on study of why seat belt use, air bag protection, and crashworthiness structures of newer cars not preventing fatalities, 1117
– Horn controls, no need to put symbol or other identifier if placed in middle of steering wheel, final rule, 891
– Outlook 2009, 83
– Recalls, monthly report, BNA, Dec., 74; Jan., 199; Feb., 298; March., 428; May, 675; June, 772; Aug., 1021
– Rollover crashes, children, motorcoaches, and fuel economy, programs must meet Congressional mandates by 2011, other programs to get key attention announced, 746
– Sliding doors and latches for nonhinged vehicle doors, compliance with new rule delayed 1 year, 821
– Tempered windows, rule bars W. Va. tort claims against Ford for failing to use laminated glass (W. Va.), 708
– Tires, new program providing fuel efficiency ratings to consumers at point of sale proposed, 699
– Transportation Collaborative line, public hearing whether duty to inform owners, purchasers, and dealers of efforts to remedy defects met, 1039
– Vehicle safety programs, Senate panel approves 18 month extension, 822

NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY ACT

– Tempered windows, NHTSA rule bars W. Va. tort claims against Ford for failing to use laminated glass (W. Va.), 708

NATIONAL TRANSPORTATION SAFETY BOARD (NTSB)

– Alaska and Tex., states praised for enacting booster seat laws, 725
– Appointments and personnel changes, Hersman sworn in as chair, 847
– Motor vehicles

See specific type of vehicle

– Recalls

See MOTOR VEHICLES

NATURAL DISASTERS

See HURRICANES

NEBRASKA

– Hydrogen sulfide, proof that worker exposure caused brain injury insufficient, MSDS warnings sufficient (D. Neb.), 908

NEGLIGENCE

– Causation, jury may disregard expert in finding employer failed to provide evidence that machine maker negligence caused hand injuries (Tex. Ct. App.), 907
– Communications Decency Act, product liability claims against MySpace for predator's communications with minor leading to sexual assault barred (E.D. Tex), 631
– Contributory, woman who developed toxic epidermal necrosis after taking children's Motrin gets damages but continuing to take after symptoms appeared may bar recovery (N.D. Ill.), 982
– Design, manufacturing, and marketing defects, families of nursing home residents who died in bus crash while evacuating for Hurricane Rita get damages, accord (Tex. Dist. Ct.), 663
– Duty of care breach, consumers who got E. coli infections from eating raw cookie dough bring claims against Nestle (D. Colo., Cal. Super. Ct., W.D. Wash.), 715
– Failure-to-warn

– – Degenerative jaw, bone-building drugs

See WARNINGS

– – Suicide risk, mother failed to show how drug makers should have known that Accutane caused without signs of depression (11th Cir.), 693

– Jury form, driver has no claim for inability to unlatch after crash, determination that Toyota design did not cause resolves all claims (Cal. Ct. App.), 905
– Per se

– – E. coli, mother of teenager sickened by eating beef sues meat producer for failure to maintain or monitor sanitary conditions and to train workers (D. Colo.), 787
– – Fla., state law does not recognize cause of action against surgical catheter maker based on violation of FDA rule (M.D. Fla.), 937

– Preexisting condition, defense contractor lab worker may pursue claim for beryllium exposure despite asthma where suit timely and employer not sophisticated about exposure (1st Cir.), 955
– Product liability in failure of component parts, estates of 2 U.S. citizens bring claims against Air France, and makers of airplane and component parts for crash (S.D. Tex.), 1071
– Product liability, no evidence woman who got malfunctioning defibrillator fraudulently joined health care providers, negligence claims may be heard in W. Va. court (S.D. W.Va.), 812
– Strict liability

See STRICT LIABILITY

– Tempered windows, NHTSA rule bars W. Va. tort claims against Ford for failing to use laminated glass (W. Va.), 708
– Wrongful life, minor with genetic disorder has no claim against sperm bank (E.D. Pa.), 757

NEURONTIN

See ANTIEPILEPTIC DRUGS

NEVADA

– Failure to warn, Nev. law does not recognize heeding presumption in claims by family of smoker who died of brain cancer (Nev.), 716
– Limitations period, putting unreasonably dangerous farm equipment on market, limit is 2 years (D. Nev.), 131

NEW HAMPSHIRE

– Torts, expedited approval process for generic drugs does not bar claims for side effects of non-steroidal anti-inflammatory drug (D.N.H.), 1064

NEW JERSEY

– Automobiles tires, premature wear warranty claims, settlement approved (D.N.J.), 311
– Consumer Fraud Act

– – Fraud and misrepresentation, Vioxx, class action fails to get certification (N.J. Super. Ct.), 333; compensatory award to man who charged product caused heart attack upheld (N.J.), 1054
– – Internet car sales by casual seller covered (N.J.), 439
– – Unjust enrichment and fraud, state law applies to nationwide class of consumers who had emergency response system in Mercedes Benz cars (3d Cir.), 664

– Tasylol, union fund may bring claim for failure to warn of risk of prescription drug despite failure of RICO claims (S.D. Fla.), 910

NEW MEXICO

– Jury instructions, no error in instructing that motor grader maker could not be liable when substantially changed before accident (10th Cir.), 804
– Rock-crushing machine substantially altered after manufacture, strict liability may be imposed if modifications foreseeable (N.M. Ct. App.), 599
– Seroquel, claims for falsely promoting medication properly heard in state court where Medicaid program unnecessarily paid for prescriptions (D.N.M.), 814
– Strict liability, breach of warranty, and negligence, mother of teenager who was sickened by beef associated with E. coli outbreak sues meat producer (D. Colo.), 787

NEW YORK

– Causal links, experts testifying about corneal infections caused by contact lens solution excluded where no case report, study, or article cited (N.Y. Sup. Ct.), 812
– Hip prosthesis, FDA premarket approval, plaintiff failed to allege “parallel” violations that withstand preemption, suit dismissed (E.D.N.Y.), 246
– Light cigarettes, negligence claim rejected when light cigarettes have less utility (U.S., rev den), 1066
– Manufacturing defect and negligence, woman injured in wheelchair tipover may pursue claims but no design defect (N.D.N.Y.), 1052
– Microwave therapy devices, Medical Device Amendments preempts claims against maker (N.Y. Sup. Ct.), 39
– Truck cargo area, standing in not foreseeable use, breach of warranty claim dismissed (N.Y. App. Div.), 10

NEWSPAPERS

– Legal notices, changes to media bring need to adapt and utilize innovative communications to reach potential class members, Analysis, 871

NEXIUM

See GASTROINTESTINAL MEDICATIONS

NHTSA

See NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)

NIGERIA

– Kano, Pfizer accord for trials of antibiotics that lead to deaths and injury of children announced, 865

NON-STERIODAL ANTI-INFLAMMATORY DRUGS (NSAIDs)

– Etodolac, widow has no claim for husband's death where evidence medication came from recalled lot insufficient (E.D. Pa.), 666
– Vioxx

See ARTHRITIS MEDICATIONS

NORTH CAROLINA

– Business contacts, foreign tire firms do enough business in N.C. to warrant state court claims for product liability (N.C. Ct. App.), 911
– Limitations period, bill giving plaintiffs 12 years from date of initial purchase to bring action seeking recovery of damages for personal injury signed, 867
– Torts and fair trade, Medical Devices Amendments preempt state claims for hip replacement, not causal link between U.S. law violation and injury (M.D.N.C.), 903

NORTH DAKOTA

– Asbestos, N.D. courts may not dismiss suits on convenience grounds if time-barred in other jurisdictions (N.D.), 756

NOTICE

– Class actions, changes to media bring need to adapt and utilize innovative communications to reach class members, Analysis, 871
– Mandatory recalls, CPSC proposes guidance, 345
– Notice Pleading Restoration Act

See LEGISLATION, FEDERAL, S 1504

– Smoking cessation drug Chantix

– – Breach of warranty claims survive failure to give notice (S.D. Ind.), 130; JPML consolidates pretrial proceedings (N.D. Ala.), 1067
– – Neuropsychiatric events, Minn. man claims maker knew of risks but downplayed side effects in ads and drug warnings (D. Minn.), 864

NSAIDs

See NON-STERIODAL ANTI-INFLAMMATORY DRUGS (NSAIDs)

NTSB

See NATIONAL TRANSPORTATION SAFETY BOARD (NTSB)

NUISANCE

– Public, no proof genetically modified rice caused, but harm to market and private nuisance claims upheld (E.D. Mo.), 1108