281 results for 'nos:"Personal Injury - Product Liability - Torts - Personal Injury"'.
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
J. Sorokin grants a medical corporation’s motion for summary judgment against the patient who sued the corporation, along with another medical corporation, after the implant it designed began to swell and decay in her eye. The medical corporation designed the implant using science and testing that was state-of-the-art at the time, and there was no defect in the design of the implant that was knowable at the time of the patient’s surgery or beforehand.
Court: USDC Massachusetts, Judge: Sorokin, Filed On: October 30, 2023, Case #: 1:18cv10353, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Technology
J. Corley allows the bulk of claims to continue against the maker and some distributors of EzriCare eyedrops that left a man blinded in one eye. The claims properly allege that the maker had a duty to test the drops to make sure they were safe, but failed to do so. Claims against Amazon also proceed on the idea that, as a seller, it "cosigned" on the eyedrop products.
Court: USDC Northern District of California, Judge: Corley, Filed On: October 30, 2023, Case #: 3:23cv1632, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
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J. Benitez grants Peloton's motion to exclude a consumer's negligence per se claims concerning injuries a toddler sustained by attempting to climb on the back of a treadmill while his father was exercising, which resulted in the child suffering serious injuries to his ribs and torso when he was "pulled under the 450- pound tread." The consumer submitted the negligence claims per se months after the close of discovery. Also, the consumer's objection to one of Peloton's two medical experts is denied, as his report is not identical to the other expert's report even though some of their opinions overlap.
Court: USDC Southern District of California, Judge: Benitez, Filed On: October 27, 2023, Case #: 3:21cv1367, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Discovery
J. Stadtmueller denies 3M's motion for summary judgment in a lawsuit from a cell tower repairman who alleges he fell at least 80 feet from a cell tower due to the failure of 3M's defective cable sleeve designed to help secure him to the tower. All of the disputed facts in the repairman's negligence, design-defect and other liability claims, including those contested by 3M regarding use of the cable sleeve's panic grab function, must proceed to a jury trial, which will commence on December 18, 2023.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 24, 2023, Case #: 2:22cv1532, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability
J. Aiken finds in favor of the woodworking and metalworking machinery company against the carpenter's complaint that the company's half benchtop planer cut off four of the carpenter's fingers when he reached in to dislodge dust from the accompanying dust hood. The carpenter acknowledged in his own deposition that he acted against the planer's warnings when he reached into it while it was running, and he could have simply turned the machine off before reaching in to dislodge the dust.
Court: USDC Oregon, Judge: Aiken, Filed On: October 19, 2023, Case #: 6:22cv1200, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability
J. Morris grants in part summary judgment in favor of the estates which say that a railway company exposed the decedents to high levels of asbestos while they were transporting crushed vermiculite ore through their town. While the record needs to be fleshed out further to determine if the company's asbestos handling falls under the common carrier doctrine, the company is not allowed moving forward to argue that its handling "did not constitute an abnormally dangerous activity."
Court: USDC Montana, Judge: Morris, Filed On: October 17, 2023, Case #: 4:21cv97, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Asbestos
J. Nelson denies the medical products corporation's motion to exclude the testimony of John Cary, who offered expert testimony on damages, from the patient's lawsuit alleging that the medical products corporation's AccuLIF TL interbody device was defective and caused injury to his spine. Although Cary potentially erroneously applied the RAPEL methodology because his conclusions contradict the evidence on record, this does not mean that Cary erroneously applied the methodology using the reviewed materials, so his conclusions are currently admissible.
Court: USDC Oregon, Judge: Nelson, Filed On: October 17, 2023, Case #: 3:21cv80, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Discovery
J. Huff denies a pharmaceutical company's motion to dismiss strict liability claims brought by two consumers who allege they have suffered "neuropsychiatric injuries" after ingesting Singulair, a drug prescribed for the treatment of asthma and allergic rhinitis. Although the consumer was prescribed the drug outside of California, he is a California resident, took the drug in California, and was treated for his alleged injuries in California. Furthermore, the consumer has alleged that the company engaged in direct-to-consumer advertising of Singulair in California, so he has sufficiently established jurisdiction.
Court: USDC Southern District of California, Judge: Huff, Filed On: October 16, 2023, Case #: 3:22cv522, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Jurisdiction
J. Adams denies in part an elevator company’s motion for summary judgement on a deputy sheriff’s negligent elevator installation and maintenance claim in connection with a courthouse elevator stopping abruptly when the bumper stuck to the door. The deputy sheriff submitted his evidence from the expert report that the clearance of the elevator was improperly aligned at the time of incident, but not at the time of installation. The motion to exclude the expert report is denied without prejudice to raise arguments in cross-examination to present the contrary opinions.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: October 11, 2023, Case #: 3:22cv483, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Experts
J. Beatty rules a group of expert witnesses may partly submit opinions in court concerning a patient who suffered a miscarriage of a fetus with abnormal chromosomes, which could have been discovered in genetic screening of the father, who has four- way translocation. The group of expert witnesses may submit opinions of standard of care, but not theories of independent conception.
Court: USDC Southern District of Illinois, Judge: Beatty , Filed On: September 29, 2023, Case #: 3:20cv10, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Experts, Medical Malpractice
J. Wolf grants a medical device and pharmaceuticals company’s motion to dismiss a lawsuit brought against it by a patient whose stent, produced by the company, allegedly failed to expand properly in his artery. The company followed federal law in the creation of the stent, and is therefore protected from the patient’s claims.
Court: USDC Massachusetts, Judge: Wolf, Filed On: September 29, 2023, Case #: 1:21cv10241, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
J. Garcia grants the birth control device manufacturer's motion to dismiss, ruling the patient's state law failure to warn and negligence claims impose requirements different to those established by the FDA and, therefore, are preempted by federal law.
Court: USDC New Mexico, Judge: Garcia, Filed On: September 29, 2023, Case #: 2:21cv664, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Preemption, Product Liability
J. Campbell denies the defendant company's motion for sanctions as it relates to the alleged destruction of evidence on Dec. 29, 2019, in this product liability lawsuit stemming from a fire. The evidence at issue was "highly probative of the claims in this case," but the son's cleanup of the scene does not warrant sanctions.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 29, 2023, Case #: 3:20cv941, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Sanctions