6 results for 'cat:"Health Care" AND cat:"Negligence" AND cat:"Product Liability"'.
J. Gallagher grants medical device companies’ motion to dismiss this product liability suit brought by a patient who developed medical complications from flaws in a hip replacement. Specifically, the metal debris would pose a risk of adverse reactions when it flaked in the patient’s bodies, causing pain, high cobalt-chromium levels and other conditions requiring corrective surgeries or replacing the product altogether. The patient failed to establish plausible parrel claims to federal requirements under the medical device amendments and a federal statutory scheme.
Court: USDC Maryland, Judge: Gallagher, Filed On: July 23, 2024, Case #: 1:23cv3149, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, negligence, product Liability
J. Thomson finds that the lower court properly found for 3M on a woman's claims for negligent and defective design of its Bair Hugger medical device, which is a warming unit for surgical instruments. The jury reasonably credited 3M's expert testimony that its machine did not disrupt operating room airflow nor was it responsible for blowing contaminated air that caused the inflection in the woman's knee. Affirmed.
Court: Missouri Court Of Appeals, Judge: Thomson , Filed On: June 18, 2024, Case #: WD86040, Categories: health Care, negligence, product Liability
J. Pallmeyer grants a parent’s motion to join a number of Nevada doctors as defendants to her complaint against a baby formula manufacturer, remanding this case to the Circuit Court of Cook County. This was a bellwether case for the hundreds of lawsuits filed against the formula maker over its tainted formula, which caused infants to develop necrotizing enterocolitis. While doing discovery, the parent found out that doctors in Nevada may have been negligent in treating her own child afflicted with the condition. Though the parent wants the case sent to the Nevada state court, judicial rules make Cook County the proper remand venue, as that is where the case was first filed.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: May 13, 2024, Case #: 1:22cv2017, NOS: Other Personal Injury - Torts - Personal Injury, Categories: health Care, negligence, product Liability
J. Birzer grants a patient's motion to leave to file an amended complaint concerning strict products liability claims against a pharmaceutical company. The patient, who suffers from alopecia after taking a breast cancer chemotherapy drug, sufficiently showed in court that the manufacturer created an "informational tear sheet" distributed to chemotherapy nursing staff, falsely claiming that hair loss was temporary.
Court: USDC Kansas, Judge: Birzer, Filed On: April 12, 2024, Case #: 6:23cv1228, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, negligence, product Liability
J. Duffin finds partially in favor of the patient and the medical device company in a lawsuit alleging multiple product liability claims over a vena cava filter that caused severe complications after it migrated to the patient's heart, which was not discovered until five years after it was implanted. The patient's partial motion for summary judgment is denied, and the company's motion for summary judgment is granted except for the patient's design-defect product liability claim and the portion of her negligence claim regarding the company's sale of a filter with a defective design. The company's motion to exclude testimony and opinions from six experts for the patient is partially granted, including as to one doctor's opinions on the patient's need for psychological services, another doctor's opinions on her mental health, and a biomedical engineering professor's opinions on the company's state of mind or subjective motivations and certain design aspects of the filter.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: October 31, 2023, Case #: 2:19cv988, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, negligence, product Liability
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