44 results for 'cat:"Health Care" AND cat:"Product Liability"'.
J. Marks grants a pharmaceutical company’s motion for judgment on the pleadings on this pharmaceutical product liability lawsuit brought by a cancer patient allegation that the chemotherapy medication Taxotre resulted in her permanent hair loss. The patient claims strict products liability failure to warn, negligence, negligent misrepresentation, fraudulent misrepresentation, fraudulent concealment, and fraud and deceit. She failed to properly plead her fraud claims with particularity and filed this case outside the two-year statute of limitations.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: May 7, 2024, Case #: 3:23cv649, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, product Liability
J. Bell grants a group of medical product makers’ partial motion to dismiss product liability allegations after a spinal surgery patient developed tuberculosis following her operation. The patient claims that the group’s sale of “FiberCel” to the hospital where she had her surgery done is not covered under the North Carolina Blood and Tissue Shield Statute. She incorrectly argues the group’s sale of FiberCel, as a processed-tissue product, is not covered under the statute because it is not specifically blood, a blood product or human tissue, but a “tissue-based product.” Although FiberCel was recalled two months after the patient’s surgery for also resulting in tuberculosis in other patients, the product is shielded by the statute because its language includes any person or institution involved in the “processing” of human tissue.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: May 3, 2024, Case #: 5:21cv172, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Government, health Care, product Liability
J. Flynn finds the Court of Appeals properly reversed the trial court’s judgment excluding hospitals from drug liability. “A hospital that supplies and administers a dangerously defective drug in conjunction with providing a healthcare service can be a ‘seller’ that is ‘engaged in the business of selling’ for purposes of liability.” Affirmed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: May 2, 2024, Case #: S070082, Categories: health Care, 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
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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. 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
J. Cornelius grants a medical device manufacturer’s motion to dismiss this wrongful death product liability lawsuit involving a medical defibrillator known as the Evera brought by the patient’s estate. The manufacturer recalled the defective defibrillators due to the battery rapidly and unexpectedly depleting approximately two months before the patient’s death, but the estate alleges the recall should have happened sooner. The estate’s claims are based on post-“premarket approval” behavior, so they are preempted by the Medical Device Amendments of 1976.
Court: USDC Northern District of Alabama , Judge: Cornelius, Filed On: March 6, 2024, Case #: 2:23cv423, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: health Care, product Liability, Wrongful Death
J. Chambers grants the Canadian shoe cover manufacturer's motion to dismiss the registered nurse's product liability suit claiming work-issued shoe covers she wore at the Hershel “Woody” Williams Veterans Affairs Medical Center in Huntington caused her to slip and fall "hard on her left side," injuring her left hip. shoulder and ulnar nerve. The court lacks personal jurisdiction to hear the case since the company not only "did not purposefully avail itself of West Virginia," but also "had no clue its shoe covers would end up in the Mountain State."
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: February 29, 2024, Case #: 3:22cv88, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: health Care, product Liability, Jurisdiction
J. Bourgeois grants a request by the manufacturer of a prescription medical device marketed as a noninvasive cosmetic surgery to remove fat, dismissing a patient's state law product liability claims the procedure caused her fat cells to thicken and expand instead. She does not directly state what warranty the manufacturer guaranteed. At best, she implies that the surgery was safe and would remove fat but this is not enough to support a breach of warranty claim.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: February 7, 2024, Case #: 3:23cv692, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, product Liability, Warranty
J. Sargus grants, in part, the polypropylene surgical mesh manufacturer's motion for summary judgment, ruling the patient's failure to warn product liability claim fails because the surgeon who performed the mesh implant surgery admits he did not read any of the literature provided with the product and would not have relied on any of the information in making his recommendation for surgery. Additionally, this failure by the surgeon prevents the patient from proving his fraud and fraudulent concealment claims against the manufacturer, which will also be dismissed.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: February 1, 2024, Case #: 2:18cv1440, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, health Care, product Liability
J. Blake grants a hip replacement manufacturer its motion for summary judgment following hundreds of suits from patients who developed medical complications from flaws in the replacements. Specifically, the metal femur heads would grind against the metal sockets and flake in patients’ bodies, causing pain, metallosis and other conditions requiring corrective surgeries or replacing the product altogether. The patients have failed to respond or contest to the manufacturer’s argument. Therefore, the claims have been abandoned or were denied in a previous proceeding.
Court: USDC Maryland, Judge: Blake, Filed On: January 8, 2024, Case #: 1:14cv3138, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, product Liability
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. 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. 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
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. Blakey partially grants a spinal implant manufacturer's motion to dismiss a product liability suit brought by a patient whose implant collapsed inside her. The court allows the patient's strict liability, failure to warn and manufacturing defect claims against the manufacturer to survive, but dismisses her spoliation claim. Contrary to plaintiff's assertion, the court finds that the manufacturer simply taking possession of the patient's implant after it had been extracted does not in and of itself constitute spoliation.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: September 27, 2023, Case #: 1:22cv6049, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, product Liability
J. Saylor partially grants both parties' motions for summary judgment in the woman's product liability lawsuit alleging that the medical technology company's device, a vena cava filter, fractured after being implanted in her. Even though the device's instructions for use indicated that it is meant to be used as a permanent device, the woman fails to provide substantial evidence that the surgeon who implanted it specifically relied on that statement. However, the fact that she consented to the procedure does not mean she was made aware of its risks.
Court: USDC Massachusetts, Judge: Saylor, Filed On: September 20, 2023, Case #: 1:19cv11911, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: health Care, product Liability, Technology