281 results for 'nos:"Personal Injury - Product Liability - Torts - Personal Injury"'.
J. Dugan grants a widow's motion for a default judgment on wrongful death claims against a third-party seller on Amazon. The widow sufficiently showed in court that the Amazon seller sold defective, electrically heated socks labeled as "good for blood circulation," which resulted in the death of her husband, who contracted sepsis after his feet became burned and wounded. The estate is awarded $9.7 million in damages.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: December 15, 2023, Case #: 3:20cv1287, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Wrongful Death
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J. Cain denies a request by Eli Lilly to dismiss a Louisiana woman’s claims the pharmaceutical giant failed to warn her that its drug for Type 2 diabetes was associated with gastroparesis, a gastric disorder with side effects so severe her teeth fell out from extreme vomiting. Lilly contends the litigant’s claim is preempted by FDA approval of its drug because she cannot show the existence of newly acquired information justifying a unilateral label change. However, post-approval reports from summer 2023 point to a growing awareness of the condition as an adverse effect of the drug’s use. It is too early in the litigation to determine whether the recent reports reflect an increasing incidence of gastroparesis that might qualify for a post-approval warning label.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: December 11, 2023, Case #: 2:23cv1020, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
J. Harpool grants the medical device maker's motion to dismiss a product liability suit filed by a patient who claims that her SmartPort CT-Injectable Port, implanted for the purpose of her ongoing chemotherapy, caused her to become infected and develop sepsis. The patient's claims are untimely, as she knew or should have known at the time she underwent surgery to remove the port in 2013, that the product was responsible for her injuries.
Court: USDC Western District of Missouri, Judge: Harpool, Filed On: December 7, 2023, Case #: 2:23cv4066, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Product Liability
J. Rosenstengel denies a crop protection manufacturer's motion to compel compliance with a third- party subpoena. A class of civilians, who suffer from Parkinson's disease due to exposure of herbicide paraquat, sufficiently showed in court that the crop protection manufacturer is not entitled to review documents, and work papers written by a neurologist.
Court: USDC Southern District of Illinois, Judge: Rosenstengel, Filed On: December 4, 2023, Case #: 3:23cv3204, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Experts, Class Action
J. Guidry, ruling on remand from the Fifth Circuit, grants summary judgment to the medical manufacturer of an artificial shoulder. The patient cannot carry his burden to show the device was unreasonably dangerous due to failure to conform with any express warranty.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: December 1, 2023, Case #: 2:20cv2706, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Warranty
J. Biggs denies Ford’s renewed motion for a directed verdict and motion for a new trial in a wrongful death dispute. The wife supports her claims that her husband’s exposure to the asbestos-containing products at issue while working as a tractor-trailer mechanic for 40 years contributed to his mesothelioma. Final judgment will be entered in favor of the wife, awarding her $275,000 in back pay plus prejudgment interest to the tune of nearly $67,000.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: November 30, 2023, Case #: 1:20cv98, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Settlements, Damages, Asbestos
J. McAvoy grants summary judgment to a power company on an insurer’s negligence claims, finding the insurer, as subrogee, failed to provide sufficient evidence to prove the source of a fire that damaged an insured’s commercial building was caused by a faulty electrical meter.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: November 29, 2023, Case #: 5:21cv374, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Insurance, Negligence
J. Sammartino rules that an implant patient may pursue most of her claims against an implant manufacturer stemming from a SurgiMend device, used during a ventral hernia repair, that allegedly malfunctioned and caused her to suffer from a bowel injury and severe pain. The patient sufficiently alleges that the manufacturer knew from internal testing and investigations that the product creates a high risk of bowel injury and failed to warn her doctor of these risks.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 27, 2023, Case #: 3:22cv604, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Warranty
J. Kindred denies in part a gun manufacturer's motion for summary judgment in a personal injury suit regarding its single-action five-shot revolver after an individual's gun fell from its holster, struck a rock, and discharged, sending a bullet into the individual's shoulder. A jury could conclude "that a handgun that discharges without a pull of the trigger when dropped is unfit for ordinary use or that the product failed to perform as safely as an ordinary consumer would expect." The individual's strict liability claim continues.
Court: USDC Alaska, Judge: Kindred, Filed On: November 22, 2023, Case #: 3:19cv292, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Firearms
J. Pallmeyer partially allows the parent of a child who developed fatal necrotizing enterocolitis from drinking tainted baby formula to refile a complaint against the company that developed the formula. The parent is among dozens whose children suffered necrotizing enterocolitis and died from drinking the formula, but willingly dismissed many of her earlier charges when the company moved for dismissal. She now seeks to refile for damages, the Illinois Wrongful Death Act and the Illinois Survival Act. The court denies her Survival Act claim but allows the others to go forward.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: November 21, 2023, Case #: 1:22cv2222, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Consumer Law, Product Liability, Wrongful Death
J. Gonzalez Rogers declines in part to dismiss a class action attempting to hold Meta, TikTok and other social media companies liable for the harmful effects of their apps on young users. The parents’ design defect product liability claims are not barred under Section of the Communications Decency Act because they do not implicate publishing or monitoring of third-party content. Also, Section 230 does not grant immunity from a negligence per se claim, and claims of failure to warn and negligence plausibly assert that the social media companies are liable for conduct other than the publishing of third-party content.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: November 14, 2023, Case #: 4:22md3047, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Class Action
J. Cullen denies the food manufacturer's motion to dismiss. The customer claims she swallowed glass while eating a veggie burger from Burger King and sued both the manufacturer of the meatless burger and the restaurant that sold it to her, contending that at least one of them was negligent by allowing the glass to make its way into her food. The manufacturer argued that because she doesn’t know how the glass got into her Impossible Whopper she is barred from suing but no reasonable interpretation of the federal rules of civil procedure requires that a plaintiff know precisely how its injury occurred.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: November 14, 2023, Case #: 4:23cv16, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Negligence, Product Liability
J. Wright denies a toy company's motion to dismiss a putative class action alleging unjust enrichment and violations of California’s Unfair Competition Law. The class alleges that the toy company markets and sells toys that have small parts that violate the Small Parts regulation and therefore are banned hazardous substances in violation of the the Federal Hazardous Substances Act. The class has sufficiently alleged that the toys, marketed to children under the age of three, contain small parts that violate the Small Parts rule.
Court: USDC Central District of California, Judge: Wright, Filed On: November 13, 2023, Case #: 2:23cv2567, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability
J. Poplin grants the defendant gun manufacturers' motion to preclude the opinion of an undisclosed expert in this product liability lawsuit alleging that a gun owner was injured when a pistol "unintentionally discharged." The doctor was not timely disclosed, as required, and the gun owner does not argue that the delay was "harmless or substantially justified."
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: November 9, 2023, Case #: 3:21cv31, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Product Liability, Experts
J. Duffin denies Caterpillar's motion for summary judgment in a lawsuit from a widow whose husband died when the Caterpillar dump truck he was driving rolled over. Based on the facts at hand a reasonable jury could find the dump truck was defectively designed and the widow's husband endured pain and suffering before he died after the truck rolled over, so Caterpillar's summary judgment motion must be denied. Also denied is Caterpillar's motion to exclude testimony from a mechanical engineer appearing on the widow's behalf, as the engineer is qualified and his conclusions were reached based on sufficient data and reliable computer modeling.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: November 3, 2023, Case #: 2:20cv1874, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Experts, Wrongful Death
J. Kennelly denies a pharmaceutical company’s and patients’ motion to exclude the testimony of expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The pharmaceutical company’s motion for summary judgment on patients’ claims for express and implied breach of warranty, negligent misrepresentation, fraud, consumer protection and unjust enrichment is granted. However, the patients’ motion for summary judgment on claims of fail-to-warn, strict liability, loss of consortium and punitive damages shall be denied and returned to the home districts. The punitive damages question shall be transferred to the Middle District of Florida. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:17cv3775, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Class Action
[Consolidated.] J. Kennelly grants in part a pharmaceutical company’s motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert’s testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company’s motion for summary judgment on patients’ punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:14cv1748, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Damages, Product Liability, Experts
J. Kennelly denies a pharmaceutical company’s and patients’ motion to exclude the testimony of expert witnesses in a litigation by patients who say they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The pharmaceutical company's motion for summary judgment on patients’ claims for express and implied breach of warranty, negligent misrepresentation, fraud, consumer protection and unjust enrichment is granted. However, the patients’ motion for summary judgment on claims of fail-to-warn, strict liability, loss of consortium and punitive damages shall be denied and returned to the home districts. The punitive damages question shall be transferred to the Middle District of Florida. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:14cv1748, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Damages, Product Liability, Experts
J. Kennelly grants in part a pharmaceutical company's motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert's testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company's motion for summary judgment on patients' punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:15cv9699, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Class Action
J. Kennelly grants in part a pharmaceutical company’s motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drug AndroGel. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert’s testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company’s motion for summary judgment on patients’ punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:17cv4117, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Class Action