Product Liability & Mass Torts Digest
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August 11, 2023
|4 min read
Eleventh Circuit Affirms CoolSculpting Device Manufacturer Win on Warning and Defect Claims
In a recent decision, the Eleventh Circuit affirmed the summary judgment victory of Zeltiq Aesthetics, Inc. in a failure-to-warn and design defect lawsuit regarding its CoolSculpting medical device and found that a health care provider’s misunderstanding of an adverse effect did not bear on the adequacy of the product’s warning.
September 15, 2021
|3 min read
The Fourth Circuit recently reversed a decision to admit expert evidence in a products liability matter involving the packaging of garage doors/hoods in Sardis v. Overhead Door Corp.
August 27, 2021
|4 min read
In two recent cases involving medical device implants, two federal courts ruled on defendants’ summary judgment motions on failure to warn claims—one court granting and the other denying.
June 2, 2021
|6 min read
Fifth Circuit Affirms Two Summary-Judgment Orders Dismissing Plaintiffs’ Failure-to-Warn Cases
Last month, the U.S. Court of Appeals for the Fifth Circuit affirmed two summary-judgment decisions in In re Taxotere (Docetaxel) Products Liability Litigation, a coordinated multidistrict litigation (MDL) that is centralized in the Eastern District of Louisiana.
October 2, 2020
|7 min read
The Heeding Presumption’s Evolving Role In Pharma Suits
It goes without saying that in a failure-to-warn case, the plaintiff must establish that the defendant’s failure to warn of a specific adverse event caused the plaintiff’s injury.
July 15, 2020
|3 min read
On June 26, 2020, GlaxoSmithKline LLC (GSK) filed a Petition for Writ of Certiorari regarding “the first—and, to date, only—appellate decision interpreting” the “fully informed” prong of the pharmaceutical preemption analysis in Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (2019). Pet. 2.
June 29, 2020
|5 min read
California Appeals Court Reverses Dismissal Based on Preemption in Risperdal Case
A California appeals court recently reversed the dismissal of a failure to warn claim based on preemption in the Risperdal and Invega Product Liability Cases, suggesting that in the wake of the Supreme Court’s decisions in Wyeth v. Levine, 129 S.Ct. 1187 (2009) and Merck Sharp & Dohme Corp. v. Albrecht, 139 S.Ct. 1668 (2019), drug manufacturers will continue to face challenges in establishing a preemption defense.