Product Liability & Mass Torts Digest
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March 17, 2025
|4 min read
BioZorb and the Power of Causation: Why Warnings Don’t Always Matter
In the ongoing litigation involving the BioZorb device, the U.S. District Court for the District of Massachusetts recently ruled on defendant-manufacturer
Hologic’s motion for summary judgment in the case of In re BioZorb Device Products Liability Litigation, No. 22-cv-11895-ADB, 2025 WL 509834, at *4 (D.
Mass. Feb. 12, 2025).
Hologic’s motion for summary judgment in the case of In re BioZorb Device Products Liability Litigation, No. 22-cv-11895-ADB, 2025 WL 509834, at *4 (D.
Mass. Feb. 12, 2025).
March 5, 2025
|3 min read
The Fall of a Faulty Expert: Lessons from Monte v. Sherwin-Williams
In a negligence and failure to warn case, a Florida district court granted the defendant Sherwin-Williams’s motion to exclude the testimony of the plaintiff’s
expert after determining that his causation opinion was unreliable under Daubert. Monte v. Sherwin-Williams Dev. Corp., 2025 WL 90123 (M.D. Fla. Jan. 14,
2025).
expert after determining that his causation opinion was unreliable under Daubert. Monte v. Sherwin-Williams Dev. Corp., 2025 WL 90123 (M.D. Fla. Jan. 14,
2025).
October 25, 2024
|3 min read
Faulty Triggers or Faulty Testimony? Court Rejects Unreliable Experts in Design Defect Case
In Colwell, the plaintiff was injured when a Sig Sauer P320 handgun allegedly discharged unintentionally into his thigh. The P320 “functions as a single-action
pistol,” and while it has internal safeties “designed to prevent inadvertent discharges,” it lacks external safeties, such as a manual thumb safety or tabbed
trigger safety.
pistol,” and while it has internal safeties “designed to prevent inadvertent discharges,” it lacks external safeties, such as a manual thumb safety or tabbed
trigger safety.
July 2, 2024
|6 min read
The California Supreme Court has recognized a new path for plaintiffs to prove causation in failure-to-warn cases against manufacturers of prescription drugs
and medical devices. Under the learned intermediary doctrine, such manufacturers have a duty to warn physicians of the risks associated with their products
but do not have a duty to warn patients.
and medical devices. Under the learned intermediary doctrine, such manufacturers have a duty to warn physicians of the risks associated with their products
but do not have a duty to warn patients.
January 12, 2024
|8 min read
A Bradford Hill analysis—a set of criteria first proposed by the British epidemiologist Sir Austin Bradford Hill in 1965 to evaluate the strength of evidence for a
causal relationship between two variables[1]—often plays a critical role in causation opinions of plaintiff experts in product liability matters.
causal relationship between two variables[1]—often plays a critical role in causation opinions of plaintiff experts in product liability matters.
January 5, 2024
|4 min read
A recent and thorough opinion in In re Acetaminophen – ASD-ADHD Products Liability Litigation reaffirms the need for parties’ general causation experts to
meaningfully engage with known confounding factors to ensure the admissibility of their opinions.
meaningfully engage with known confounding factors to ensure the admissibility of their opinions.
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Winston & Strawn’s Product Liability & Mass Torts Digest provides updates, insights, and practical tips on a full spectrum of issues related to product liability and mass torts litigation.
