Product Safety & Liability Reporter: Current Reports Index-Summary

WARNINGS

See also LABELING
– Air bags, claims by parents for child's head injury in front seat not preempted by U.S. rules (Ind. Ct. App.), 1047
– Asbestos

– – Jury instructions on strict liability and negligence not inconsistent under state law (W.D. Ky.), 535
– – Navy machinists mate awarded millions for defective product and failure to warn (Cal. Super. Ct.), 535

– Benzene, leukemia, workplace exposure alleged to have caused, status conference set (Tex. Dist Ct.), 313
– Canned tuna, mercury poisoning

– – Cal. Proposition 65 not applicable to naturally occurring chemicals (Cal. Ct. App.), 342
– – Preemption of failure to warn claim (U.S., rev sought), 104

– Chantix

– – Construction/composition defect, couple may pursue some claims against drug maker (W.D. La.), 1068
– – Violent episode triggered by smoking cessation drug, family of shot musician brings claim for failure to warn of psychological side effects (N.D. Tex.), 981

– Degenerative jaw, bone-building drugs

– – Fosomax, woman who developed condition after use may pursue failure-to-warn claims (S.D.N.Y.), 884; jurors fail to reach unanimous verdict, 997
– – Zometa, jury awards damages for failure to warn doctors on risk (Mont. Dist. Ct.), 1107

– Diacetyl, chemical suppliers not liable for failure to tell plant workers of dangers of working with butter flavoring where employer knew as much (Ohio Ct. App.), 1065
– Drugs

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

See Suicide risks, this heading

– – Decongestants, Zicam, loss of sense of smell alleged in suit against maker (E.D. Tex.), 67; FDA advises consumers to stop using products, 696; JPML consolidates product liability actions (D. Ariz.), 1086
– – Generics

See GENERIC DRUGS

– – Leukotriene modifiers, FDA asks makers of Singulair, Accolate, and Zyflo to put warning on behavior and mood changes on labels, 696
– – Minocycline, failure-to-warn claims against manufacturer not preempted (N.D. Ill.), 381

– Fire sirens

See SIRENS

– Flea and tick collars, propoxur, failure to warn of cancer potential claim filed (Cal. Super. Ct.), 501
– Mufflers, carbon monoxide risk in minivan parked outside not necessarily obvious, suit against installer may proceed (11th Cir.), 215
– Neuropsychiatric events, Minn. man claims smoking cessation drug maker knew of risks but downplayed side effects in ads and drug warnings (D. Minn.), 864
– Post-sale duty to warn, pain pump maker, federal court believes state court would allow suit to proceed (W.D. Va.), 38
– Recalls, Ford had no duty to warn of seatback collapse based on post-sale knowledge (Ga. Ct. App.), 1046
– Smoker continuing to smoke after physician warning of health dangers, verdict for defense (Fla. Cir. Ct.), 380
– Sophisticated user defense, W. Va. law would let chemical supplier argue it had no duty to warn plant worker of PVC toxicity (S.D. W. Va.), 1004
– Suicide risks

– – Accutane, mother failed to show how drug makers should have known link without signs of depression (11th Cir.), 693
– – Antidepressants, Effexor, post-suicide warnings properly excluded, jury verdict for manufacturer upheld (7th Cir.), 217
– – Phenergan, case remanded in light of Colacicco (3d Cir.), 497; FDA requiring drug makers to add warning to label addressing risks, 1009
– – Zyprexa, learned intermediary rule supports summary judgment for defense (5th Cir.), 386

– Tasers, manufacturer warned of risks of numerous shocks, claims against company dismissed (M.D. Tenn.), 154
– Tendon rupture, man who suffered tibial tendon rupture sues antibiotic maker for failure to warn of higher risk than other antibiotics (D. Minn.), 1034
– TNF blockers, FDA requiring stronger warnings about increased risk of cancer in children and teens, 866
– TREAD Act, NHTSA amends by raising thresholds for quarterly reporting by light vehicle, medium-heavy vehicle, motorcycle, and trailer makers, 1013
– Welding rod makers, workers claim failure to warn of toxic exposure (E.D. Tex.), 37
– Yaz, plaintiffs seek pretrial consolidation of claims for failure to warn of risk of elevated potassium levels in N.D. Ohio (J.P.M.L.), 833; JPML consolidates pretrial proceedings (S.D. Ill.), 1067
– Zyprexa, no evidence different doctor or patient literature would have changed patient use (E.D.N.Y.), 662; jury could find insufficient warning lead to medical decisions that caused diabetes, 883

WARRANTIES

– Automobile tires, premature wear claims, settlement approved (D.N.J., E.D. Pa.), 311
– Bentley Motors, discovery process misused so flagrantly that failure to sanction was abuse of discretion (Cal. Ct. App.), 686
– Chrysler

See MOTOR VEHICLES

– Computers, Dell laptops, dismissal of proposed class action affirmed (9th Cir.), 310
– Implied, claims for electrotherapy device that got premarket FDA approval barred unless FDA rules violated (E.D. Pa.), 999
– Limitations period, automobile repair, breach of contract period applies (Ala.), 127
– Merchantability, nationwide class claims Sony laptop touchpads used for using cursor on screen defective (C.D. Cal.), 1008
– Motor vehicles, repair warranty, statute of limitations for breach of contract applies (Ala.), 127
– Negligence, breach, and failure to warn, cotton gin operator has no claim against bag maker, should have known of danger of mold in putting we cotton in low breathability bag (8th Cir.), 903
– Roof sealant, judgment as matter of law for defendant reversed (Tex. Ct. App.), 186
– Smoking cessation drug Chantrix, breach of warranty claims survive failure to give notice (S.D. Ind.), 130
– Strict liability, both maker and distributor can be held liable for defective hip prosthesis, remanded to state court for nondiverse defendant (E.D. Cal.), 665
– Truck cargo area, standing in not foreseeable use, breach of warranty claim dismissed (N.Y. App. Div.), 10
– Wrongful life, minor with genetic disorder has no claim against sperm bank (E.D. Pa.), 757

WASHINGTON

– Products liability, state law bars claims by grower harmed when ozone-generation system caused apples to turn brown where harm purely economic (E.D. Wash.), 1053
– Prosthetic implants, complaint for device failure not subject to dismissal under federal rules but no state law claim (W.D. Wash.), 1083

WASHINGTON, D.C.

See DISTRICT OF COLUMBIA (D.C.)

WATER

– Lead in drinking water, parent charges D.C. utility with cover-up of dangerous levels (D.C. Super. Ct.), 223

WEAPONS

See FIREARMS AND WEAPONS

WEIGHT REDUCTION

See DIET DRUGS

WELDING PRODUCTS

– Rod makers, workers claim failure to warn of toxic exposure (E.D. Tex.), 37

WEST VIRGINIA

– Forum, no evidence woman who got malfunctioning defibrillator fraudulently joined health care providers, negligence claims may be heard in state court (S.D. W.Va.), 812
– Sophisticated user defense, state law would let chemical supplier argue it had no duty to warn plant worker of PVC toxicity (S.D. W. Va.), 1004

WHEELCHAIR LIFTS

– Lift-U/Logic Board, NHTSA recall report, 1021

WHEELS

– Front wheel spindles, Ford Motor Co. recalls Ranger pickups, 198

WHISTLEBLOWERS

– Rollovers, Toyota request to seal evidence that car maker concealed key evidence and withheld data from NTSB rejected as available on internet, Tex. attorney seeks to reopen previous accords (C.D. Cal.), 1036

WINDOWS

– Express up or one-touch closing, NHTSA proposing requirement that windows automatically reverse direction when obstruction detected, 963
– Failure to prevent water and air from coming into homes, state class action approved (E.D. Cal.), 998
– Motor vehicles, power window strangulation, NHTSA releases first study on nontraffic incidents, 141

WINDSHIELDS

– Comparative fault, principles apply in enhanced injury, courts may consider driver's intoxication in defective vehicle claims (Iowa), 1103

WISCONSIN

– Asbestos

– – Automotive brakes, manufacturer supplying lining manufactured by third-party contractor to mating ship may be liable as supplier (Wis. App. Ct.), 565
– – Each repeated exposure is occurrence under manufacturer's insurance policies (Wis.), 152

– Implantable defibrillators, supplemental premarket approval by FDA not bar to preemption (Wis.), 214
– Strict liability, lead as inherent characteristic of paint pigment cannot be design defect, boy who ingested has no claim for lead poisoning (Wis.), 780

WITNESSES AND TESTIMONY

– Experts

See EXPERT WITNESSES

– Impeachment, defective ladder maker, use of felony conviction limited (7th Cir.), 249

WORK PRODUCT

See PRIVILEGED COMMUNICATIONS

WORKERS' COMPENSATION

– FELA

See FEDERAL EMPLOYERS' LIABILITY ACT (FELA)

– La., mesothelioma victims exposed to asbestos before 1975 may pursue benefits from employers (La.), 629

WRONGFUL DEATH

– Failure to warn, negligence claims not preempted based on duty assumed by cigarette maker (S.D.N.Y.), 1005
– Pets, action not maintainable (Vt.), 567
– Smoking, deceased smoker's survivor may pursue claims, federal policy against state regulation would not bar claims, preemption should have been brought to attack merits (9th Cir.), 1048
– Statute of limitations, suit related to product's toxicity must be filed within 2 years of death (Ind.), 4
– Tex., unadopted stepchildren may not pursue claims for stepfather suicide after taking Paxil (Tex. Ct. App.), 716

WRONGFUL LIFE

– Defective sperm, claim not maintainable (E.D. Pa.), 407; minor with genetic disorder has no claim against sperm bank, 757