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PAIN PUMPS

– Anesthetics used in pumps, mere possibility that drugs that drugs could have been used to address pain after shoulder surgery inadequate (D. Colo.), 1088
– Causality, expert testimony excluded, charter fishing operator failed to present reliable evidence linking shoulder deterioration to pump delivering anesthesia after surgery (S.D. Fla.), 739
– Diversity, naming salesman in suit against manufacturer defeats jurisdiction (S.D. Ind.), 283; pump maker ordered to give pharmaceutical firm access to accord with plaintiff injured by continuous infusion pump, 1033
– Joinder, no fraud in including representative for marketing, promotion, and sale (E.D. Pa.), 338
– Limitations period, claim remanded for determination of due diligence requirement (E.D. Pa.), 340
– Post-sale duty to warn, federal court believes state court would allow suit against manufacturer to proceed (W.D. Va.), 38

PAIN RELIEF PRODUCTS

– Analgesics, pro se litigant's suit against pharmacy dismissed for failure to state cause of action (W.D. Ky.), 106
– Arthritis

See ARTHRITIS MEDICATIONS

– Children's Motrin, woman who developed toxic epidermal necrosis after taking gets damages but continuing to take after symptoms appeared was contributory negligence (N.D. Ill.), 982
– Dose dispensers, makers not liable for child's overdose death, flaws in dosing cup could not have caused (Ind.), 976
– Duragesic, woman may pursue negligent design defect for opioid patch and seek punitive damages (D. Utah), 862
– NSAIDs

See NON-STERIODAL ANTI-INFLAMMATORY DRUGS (NSAIDs)

– Pain pumps

See PAIN PUMPS

– Transdermal pain patch, widow may pursue claim against maker for malfunction that caused fatal dose (S.D. W.Va.), 1105
– Tylenol, liver damage and death, overdose from failure to follow warning results in vacated plaintiff verdict (Pa. Super. Ct.), 499

PAINTS AND COATINGS

– Cleaning solvents, sprayer maker does not have duty to warn of dangers of third-party products (6th Cir.), 564
– Lead paint

See LEAD PAINT

– Paint sprayers, recalls, CPSC monthly report, May, 675
– Unmanifested defects, mere use of bad paint not defect, Tex. law does not recognize warranty claims (10th Cir.), 661

PAVING EQUIPMENT

– Rock-crushing machine substantially altered after manufacture, strict liability may be imposed if modifications foreseeable (N.M. Ct. App.), 599

PAXIL

See ANTIDEPRESSANTS

PENALTIES

– Battery chargers, CPSC seeks civil penalties from maker for failure to warn of defects (D. Minn.), 11; CPSC announces civil penalties for failure to warn of overheating, 869
– Children's hooded sweatshirts, retailers agree to pay $1.5M over drawstring hazards, 413
– CPSIA, higher fines went into effect but rule on interpretation of statutory factors still pending improvement, statutory factors under CPSA, FHSA, and FFA supersede, 887; CPSC issues interim final rule, 914; firms agree to pay higher fines for children's hooded sweatshirts, 989
– Magnetic building sets, Mega Brands agrees to pay $1.1M penalty for violation of reporting requirements, 452
– Motor vehicle safety, NHTSA proposes hike in maximum for safety rules involving school buses, bumper standards, consumer information and other standards, 708
– NHTSA, final rule increases chief counsel authority to compromise in bankruptcy, 891
– Oscillating fans, Haier Am. Trading to pay civil fine for failure to report fire hazard, 819
– Reporting failures, fans, Lasko agrees to fine, 40
– Toys and games

– – Mattel and Fisher-Price to pay record civil penalty for CPS-regulated product, 639; Mattel to provide monetary relief in accord for toys recalled for excessive lead, lead paint, or hazardous magnets (C.D. Cal.), 1090
– – Target to pay civil penalties for knowingly importing and selling toys with coatings above legal limits, 1057

– Yard and garage sales, CPSC not planning to issue fines, Perspective, 1119

PENNSYLVANIA

– Asbestos, award based on strict liability to wife for failure to warn after husband died from exposure upheld (Pa., rev den), 709
– Consumer protection, no class certification for truck owners' claims for front end oscillation on bumps, Pa. law requires showing individual claims of justifiable reliance (E.D. Pa.), 959
– Electrical arcing and combustion, family gets damages for death of child from burns and smoke inhalation in fire (Pa. Ct. Comm. Pleas), 1106
– Hip prosthesis, FDA premarket approval, defective design and negligence claims preempted, warranty claims viable (D.N.J.), 339
– Neurontin, class of patients seeking reimbursement after receiving off-label prescription decertified (Pa. Ct. Comm. Pleas), 216; decertification appealed, called legally incorrect and based on flawed evidence (Pa. Super. Ct., brief filed), 713
– Pain pumps

– – Joinder of sales representative on basis of marketing, promotion, and sale not fraudulent (E.D. Pa.), 338
– – Limitations period, claim remanded for determination of due diligence requirement (E.D. Pa.), 340

– Preemption, federal regulatory approval does not preempt state law failure to warn claims (U.S., dec), 274; remanded to 3d Cir. for reconsideration, 306; implications of decision, Analysis & Perspective, 321; briefs on effect of Levine filed (3d Cir.), 473; implications of decision, Analysis & Perspective, 550; BNA conference on impact, 574; implications of decision, Analysis & Perspective, 648; FDA orders promethazine makers to modify labeling to state than intramuscular injection is preferred method of administration, Analysis, 1094
– Product liability, 2d Restatement of Torts applies to claims by airline catering agent whose foot was crushed in lift incorporated into ground support vehicle (E.D. Pa.), 1005
– Unfair trade practices, consumer protection, and RICO, Pa. state workers' health and welfare fund sues cholesterol reduction drug makers for deceptive marketing practices (E.D. Pa.), 667

PERSONAL INJURY

– Comparative fault, principles apply in enhanced injury, courts may consider driver's intoxication in defective vehicle claims (Iowa), 1103
– Prosthetic implants, complaint for device failure not subject to dismissal under federal rules but no Wash. law claim (W.D. Wash.), 1083

PESTICIDES

See also HERBICIDES
– Class Action Fairness Act

– – Central America exposure claims, jurisdiction, banana farm workers allowed to split up claims to less that 100 plaintiffs to avoid jurisdiction (S.D. Cal.), 361
– – West Africans exposure claims, jurisdiction, fruit farm workers allowed to split up claims to less that 100 plaintiffs to avoid jurisdiction (9th Cir.), 384

PET PRODUCTS

– Flea and tick collars, propoxur, failure to warn of cancer potential claim filed (Cal. Super. Ct.), 501
– Ol' Roy, false “Made in USA” label, class certification denied (D. Nev.), 341
– Wrongful death action cannot be maintained (Vt.), 567

PHARMACEUTICALS

See also specific names of drugs; specific type of drugs
– Accutane

See ACCUTANE

– Analgesics

See PAIN RELIEF PRODUCTS

– Anesthetics used in pain pumps, mere possibility that drugs that drugs could have been used to address pain after shoulder surgery inadequate (D. Colo.), 1088
– Antidepressants

See ANTIDEPRESSANTS

– Antipsychotic medication

See ANTIPSYCHOTICS

– Aredia

See BONE-BUILDING DRUGS

– Arthritis medications

See ARTHRITIS MEDICATIONS

– Avandia

See AVANDIA

– Cancer treatments

– – Aldera, skin symptoms put plaintiff on notice, suit against maker time-barred (D. Utah), 219
– – Intron-A and Temodar, RICO class action dismissed, 3d party payers failed to show economic loss from off-label marketing (D.N.J.), 810

– Chantix

See SMOKING CESSATION DRUGS

– Cholesterol reduction

See CHOLESTEROL REDUCTION DRUGS

– Chronic Hazard Advisory Panel, National Academy of Sciences asked to nominate members, 316
– Cold remedies

See DECONGESTANTS

– Contraceptives

See CONTRACEPTIVES

– Diet drugs

See DIET DRUGS

– Digitek

See DIGITEK

– Elidel, claim against eczema cream maker may be removed where state resident not yet served (D.N.J.), 912
– FDA-approved drugs, Ga. bill proposes product liability protection for manufacturers, 192
– FDA authority enhancement

See LEGISLATION, FEDERAL, S 882

– FDA, medical products, including drugs, biologics, and devices, added to oversight list, 109
– Fen-phen

See DIET DRUGS

– Fever medicine, Dutch firm's business contacts with Fla. insufficient to support suit by group of Haitian parents for using tainted glycerin (Fla. Dist. Ct. App.), 809
– Fosamax

See BONE-BUILDING DRUGS

– Fraudulent joinder to defeat federal diversity jurisdiction, Analysis & Perspective, 18
– Generic drugs

See GENERIC DRUGS

– Heartburn remedies

See GASTROINTESTINAL MEDICATIONS

– Heparin, claim for adverse reaction to anticoagulant remanded to state court (S.D. Ala.), 252
– Hormone therapy

See HORMONE REPLACEMENT THERAPY

– Import safety

See LEGISLATION, FEDERAL, HR 759

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

See LABELING

– Leukotriene modifiers, FDA asks makers of Singulair, Accolate, and Zyflo to put warning on behavior and mood changes on labels, 696
– Methamphetamine, cold medicine makers cannot be held liable (8th Cir.), 33
– Mich. liability immunity, House votes to repeal, 390
– Off-label promotion, FDA issues guidance easing restrictions, 69
– Pain relief

See PAIN PUMPS; PAIN RELIEF PRODUCTS

– Paxil

See ANTIDEPRESSANTS

– Preemption

See also PREEMPTION
– – Antidepressants, heartburn drug, review of preemption rulings sought (U.S., rev sought), 277
– – Diet drug Redux, pre-FDA approval claims preempted (N.D. Ohio), 357
– – Drug and medical device cases, Analysis & Perspective, 203; 321; 648
– – Federal regulatory approval does not preempt Pa. law failure to warn claims (U.S., dec), 274; remanded to 3d Cir. for reconsideration, 306; briefs on effect of Levine filed (3d Cir.), 473; FDA orders promethazine makers to modify labeling to state than intramuscular injection is preferred method of administration, Analysis, 1094
– – Generic drugs, expedited approval process does not bar N.H. tort claims for side effects of non-steroidal anti-inflammatory drug (D.N.H.), 1064
– – Paxil, FDA direction on labeling for suicide risk does not bar claim for failure to warn (E.D. Wis.), 856

– Remicade

See TNF BLOCKERS

– Safety initiative, senators seek updates from HHS, 68
– Seroquel

See SEROQUEL

– Smoking cessation drugs

See SMOKING CESSATION DRUGS

– 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
– Trasylol

– – Failure to warn of risk, union fund may bring claim despite failure of RICO claims (S.D. Fla.), 910
– – Fraudulent misjoinder, doctrine not adopted in claim by patients injured by Trasylol, plaintiff has connection with controversy (S.D. Ill.), 1089

– Trileptal, claim for manufacturing and design defects that caused multi-organ sensitivity rejected, no evidence of manufacturing defect or cause of injuries (S.D. Ohio), 858
– Tylenol

See PAIN RELIEF PRODUCTS

– Vaccines

See VACCINES

– Veterinary medications, wrongful death action not maintainable (Vt.), 567
– Viagra, causation expert excluded, discrepancies in study linking drug to vision problems undermine reliability (D. Minn.), 938
– Vioxx

See ARTHRITIS MEDICATIONS

– Zometa

See BONE-BUILDING DRUGS

– Zyprexa

See ANTIPSYCHOTICS

PHENERGAN

See ANTIDEPRESSANTS

PHTHALATES

– Children's products

– – Baby bottles, 6 companies agree to stop use, Conn. attorney general says, 315
– – Ban, CPSC Outlook 2009, 78; continuing sale banned, CPSC opinion overruled (S.D.N.Y.), 162; industry groups and safety advocates comment on ban, 166
– – Chronic Hazard Advisory Panel, CPSC sets vote on candidate questionnaire, 542; stay unanimously approved, 720
– – CPSIA regulation

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– – Rules., Analysis and Perspective, 584
– – Soft vinyl toys and child care articles, Health Canada publishes draft rule banning import, sale, or advertisement of products containing chemical, 720

– CPSIA prohibitions

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

PHYSICIANS

– Indemnity, diet drug maker must protect doctor who prescribed from patient's personal injury (Tex. Ct. App. Ct.), 632

PICKUP TRUCKS

See TRUCKS

PISTOLS

See FIREARMS AND WEAPONS

PLEADINGS

– Fraud and misrepresentation in obtaining FDA approval of spinal disc device, federal pleading standards for fraud not met (S.D. Tex.), 406
– Fraudulent joinder to defeat federal diversity jurisdiction

See JURISDICTION

– Notice Pleading Restoration Act

See LEGISLATION, FEDERAL, S 1504

– Windows, insulating gas leakage, fraud claims fail to meet Rule 9(b) pleading requirements (8th Cir.), 446

POOLS

See SWIMMING POOLS AND SPAS

POPCORN

– Butter flavoring

See DIACETYL

POWER EQUIPMENT

See ELECTRICAL POWER AND EQUIPMENT

PREEMPTION

– Air bags, failure to warn claims by parents for child's head injury in front seat not barred by U.S. rules (Ind. Ct. App.), 1047
– Airplane stairway fall, Federal Aviation Act does not preempt claim (9th Cir.), 182
– Breast implant strict liability claim for device implanted before approval preempted (M.D. Tenn.), 331
– Canned tuna, failure to warn of mercury poisoning (U.S., rev sought), 104; plaintiff seeks denial of review (brief filed), 357; (U.S., rev den), 474
– Cholesterol reduction drug, Vytorin/Zetia, makers submit FDA statement to support motion to dismiss (D.N.J.), 134; accord with consumers and insurers announced, 860
– CPSC rules, claims on behalf of child who ignited shirt with lighter that had child guard removed not barred (W.D. Ky.), 624
– DPT vaccine, Vaccine Act preempts design defect claim (3d Cir.), 382
– Drug labels

– – Accutane, IBD claim, new trial ordered in light of Levine case (N.J. Super. Ct. App.), 330
– – Analysis & Perspective, 203
– – Antidepressants

– – – Heartburn drug, review of preemption rulings sought (U.S., rev sought), 277
– – – Paxil and Zoloft, briefs on effect of Levine filed (3d Cir.), 473

– – Diet drug Redux, pre-FDA approval claims preempted (N.D. Ohio), 357
– – Federal regulatory approval does not preempt Pa. law failure to warn claims (U.S., dec), 274; remanded to 3d Cir. for reconsideration, 306; briefs on effect of Levine filed (3d Cir.), 473; FDA orders promethazine makers to modify labeling to state than intramuscular injection is preferred method of administration, Analysis, 1094
– – Hormone therapy

See HORMONE REPLACEMENT THERAPY

– – Metoclopramide

See METOCLOPRAMIDE

– – Nexium, false advertising claim remanded in light of Levine (3d Cir.), 532
– – Paxil, FDA direction on labeling for suicide risk does not bar claim for failure to warn (E.D. Wis.), 856
– – Wyeth v. Levine, implications of Supreme Court decision

– – – Analysis & Perspective, 321; 550; 648
– – – BNA conference on impact, 574

– Ethanol blended gasoline, federal law requiring use does not preempt boat owners' claims that fuel damages engines (S.D. Fla.), 128
– False advertising, claim for pasta sauce labeled all natural not barred (N.D. Cal.), 183
– Food, Drug, and Cosmetic Act

– – Artificially-colored farmed salmon, FDCA does not bar claims enforcing parallel state laws (U.S., rev den), 66
– – Cal., unfair competition and consumer remedy claims by LASIK patients barred (S.D. Cal.), 1008

– Fraud-on-the-agency claims, bar on state law claims based on defendants' duty to disclose data to U.S. regulators discussed, 966
– Generic drugs, expedited approval process does not bar claims for side effects of non-steroidal anti-inflammatory drug (D.N.H.), 1064
– Litigation issues, Outlook 2009, 92
– Medical Device Amendments to Food, Drug, and Cosmetic Act

– – Hip implant, no right to reconsideration of claim against maker, amendment barred after ruling (N.D. Ill.), 977
– – Silicone breast implant, state law claims for rupture barred, would impose different requirements in addition to federal ones (D. Ariz.), 1104

– Medical Device Safety Act

See LEGISLATION, FEDERAL, HR 1346, S 540

– Medical devices

– – Breach of express warranty, manufacturer seeks interlocutory review of ruling that claim is not barred (D.N.J.), 100
– – Bush administration policies, trial lawyers seek reversal under Obama, 67; stay letting Obama repudiate preemption of state law claims, 113
– – Cypher drug-eluting stent

– – – FDCA bars 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

– – Hip prosthesis

See HIP PROSTHESIS

– – Investigational devices, abdominal aortic aneurysm repair device, claims against maker preempted (Cal. Super. Ct.), 35
– – Powerlink cardiac stent, patient who died after unsuccessful implant may pursue manufacturing defect claim where Cal. law requirements different from federal law (E.D. Cal.), 783
– – State claims, bill overturning Supreme Ct. decision

See LEGISLATION, FEDERAL, HR 1346, S 540

– – Supplemental premarket approval by FDA not bar (Wis.), 214

– Metoclopramide

See METOCLOPRAMIDE

– Motor vehicles

– – Gas-mileage deception claims for hybrid car not preempted (Cal. Ct. App.), 64
– – Seat belts, lap-only suits preempted (U.S., briefs sought), 1066
– – Tractor trailer lighting standards, state tort claims not expressly preempted by federal standards (D. Conn.), 387

– Nat'l Childhood Vaccine Injury Compensation Act, federal law does not bar Ga. design defect claims (U.S., rev sought), 630; government's view on whether to review preemption sought, 659
– Nat'l Labeling and Education Act, class may challenge all natural label claim where corn syrup used, FDA does not intend to bar food and beverage labeling claims (3d Cir.), 902
– Premarket approval, claims for electrotherapy device barred unless FDA rules violated (E.D. Pa.), 999
– Seprafilm barrier, allergic reaction claim for breach of warranty and negligence preempted (N.D. Ill.), 534
– Smoking, deceased smoker's survivor may pursue wrongful death claims, federal policy against state regulation would not bar claims (9th Cir.), 1048
– Sup. Ct. 2008-2009 term, new procedural standards for product liability and consumer protection among landmark opinions, may have reversed pro-preemption trend, Special Report, 824
– U.S. laws, Obama reverses Bush policy, tightens federal agency requirements, 604; business groups condemn, significant move to roll back Bush policy, could have unintended consequences, Special Report, 796

PREGNANCY

– Paxil, researchers must give correspondence about risks to plaintiffs claiming drug caused cardiac defects in child (D. Mass.), 1036

PRESCRIPTION DRUGS

See PHARMACEUTICALS

PRIVILEGED COMMUNICATIONS

See also EX PARTE COMMUNICATIONS
– Attorney-client, e-mail between medical device maker and counsel protected but communication to in-house counsel not intended to be protected (M.D. Ga.), 785
– NuvaRing, treating physician ex parte interviews barred by physician-patient privilege (E.D. Mo.), 356; motion to dismiss for lack of specificity rejected, 879; costs of reviewing and producing electronic data may not be shifted to plaintiffs, 913
– Work product

– – Contact lens solution maker's root cause analysis not subject to discovery (E.D. Tex.), 337
– – Expert witnesses, proposed change to federal rules will be considered by U.S. Judicial Conf. after panel approves, 697
– – Independent consultant's reports after hernia patch recall and FDA inspection protected (D. R.I.), 635

PROSTHESIS

See MEDICAL DEVICES

PROXIMATE CAUSE

See CAUSATION

PUERTO RICO

– Paxil, broken pill claims, nationwide settlement given preliminary approval (D.P.R.), stay sought pending approval of settlement (Cal. Super. Ct.), 280

PUNITIVE DAMAGES

– Ford Explorer rollover, punitive award for harm to third parties not improper, (Cal.), 534
– Hay baler, manufacturer's knowledge of prior injuries from lack of guard makes punitive damages available (E.D. Ark.), 409
– Litigation issues, Outlook 2009, 92
– Objective indicators, award to family of baby killed by driver's seat collapse adequately supported by evidence and not excessive (U.S., rev den), 629
– Peanut Corp. of America, salmonella outbreak, claims company knew of positive testing (M.D. Ga.), 158
– Punishment, daughter of deceased long-time smoker gets award for second time (Cal. Super. Ct.), 955
– Tobacco industry

– – One of 3 claims by longtime smoker dismissed (Mo. Ct. App.), 6
– – Philip Morris, $79M award left standing (U.S., rev den), 380

– Venue, demand not sufficient to keep claims by plaintiffs that skin-care caused cancer in U.S. court (D.N.J.), 717

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