281 results for 'nos:"Personal Injury - Product Liability - Torts - Personal Injury"'.
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J. Vilardo rules against an elevator company in claims contending an elevator malfunctioned and slammed down, causing a correction officer "serious injuries," because questions remain as to whether maintenance records were complete and accurate, and evidence does not support the theory that, since the safety mechanism had not been triggered, a sudden drop had not occurred.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: March 30, 2024, Case #: 1:18cv333, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability
J. Wier rules in part for defendants in product liability claims concerning artificial tear products because the court lacks jurisdiction over a defendant headquartered in New York, and the record does not indicate specific actions had been taken in Kentucky in relation to the product; meanwhile, the class alleges the product caused financial, not physical, injuries.
Court: USDC Eastern District of Kentucky, Judge: Wier, Filed On: March 29, 2024, Case #: 6:23cv20, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction, Class Action
J. Aenlle-Rocha finds in favor of Home Depot against the customer's complaint that it sold him Graco Magnum X5 paint sprayer that “sparked” and caught on fire, causing serious burns to the customer's right hand, wrist and forearm. The customer does not provide any admissible evidence of a manufacturing defect about the sprayer. His only expect does not affirmatively state that the sprayer had a manufacturing defect, only that it possibly had one.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: March 27, 2024, Case #: 8:20cv2127, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Product Liability, Experts
J. Barbadoro denies in part a laser manufacturer’s motion for summary judgment against a man who sued it and another company after he underwent laser surgery and his bladder sustained diffuse thermal burns. The man fails to substantiate that the company knew of the laser’s risks and recklessly disregarded them to deceive the man or his doctors to use the device, but he sufficiently supports his defective design, failure to warn and breach of warranty claims to avoid summary judgment against him.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: March 26, 2024, Case #: 1:20cv943, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Warranty
J. Frank grants the knee implant makers' motions to exclude expert testimony and for summary judgment in the implant recipient's suit alleging that her knee replacement loosened after implantation. The expert's opinion that the particular implant used is especially prone to debonding exhibits "several red flags" regarding her methodology, and at the time of implantation, no knee devices were on the market with the features the expert cites as necessary to prevent debonding. Since the implant recipient's claims regarding the device rely on the now-excluded expert testimony, those claims cannot survive summary judgment.
Court: USDC Minnesota, Judge: Frank, Filed On: March 26, 2024, Case #: 0:22cv331, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts
[Consolidated.] J. Bell partially grants the pharmaceutical company Merck & Co.’s motion for partial judgment on the pleadings in a suit involving more than 200 litigants claiming a design defect in its human papillomavirus vaccine, Gardasil, after they experienced adverse health effects including mobility issues, short-term memory loss and chronic fatigue. However, Merck does not violate the federal Vaccine Act’s direct warning statute just because the litigants’ medical providers failed to issue a warning of the vaccine’s potential side effects.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 20, 2024, Case #: 3:22md3036, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Corporations, Health Care, Tort
J. grants final approval to a $45 million settlement between consumers and Altria Group in a class action over the marketing and sales of JUUL products, which consist of electronic cigarettes and nicotine packs, to minors. This settlement follows a settlement with JUUL Labs for $255 million. Although attorney fees have not yet been decided, “the amounts requested do not undermine the court’s conclusions that the Altria class settlement is as a whole fair and reasonable.”
Court: USDC Northern District of California, Judge: Orrick, Filed On: March 14, 2024, Case #: 3:19md2913, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Settlements, Product Liability, Class Action
J. Kobick denies a health care technology company’s motion to dismiss a claim of negligent misrepresentation brought against it by a recipient of its Obtryx medical device and her husband. The couple adequately supports that they have, and will continue to, suffer economic damages and they can continue with their negligent misrepresentation claim if they drop their failure-to-warn claim under the Ohio Product Liability Act.
Court: USDC Massachusetts, Judge: Kobick, Filed On: March 12, 2024, Case #: 1:23cv11848, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Consumer Law, Product Liability