Product Safety & Liability Reporter: Current Reports Index-Summary

HAIR DRYERS

– Compact, Babyliss Pro 052 series laceration hazard, recall, 508; BNA monthly recall report, 641

HARDWARE

– Bolts

– – Elevator maker faces failure to warn claim in fall injury, repair technicians use wrong type (N.Y. App. Div.), 627
– – Wrong kind used to stabilize oil platform, seller liable as manufacturer (5th Cir.), 463

– Deck screws, ads seeking product liability clients, defamation action against attorney (Cal.), 565
– Wall mounts for flat screen TVs, unstable arm fall risk, recall, 907; BNA monthly recall report, 978

HAWAII

– Gross negligence, strict liability, and derivative claims, preemption, failure to install side air bags (D. Haw.), 207
– Mortar shell explosion during army training exercise, defective product, jury verdict (D. Haw.), 1244

HAZARDOUS SUBSTANCES

See specific substances
– Chemicals

See TOXIC CHEMICALS

– Pesticides

See PESTICIDES

HEAD RESTRAINTS

– Ford Fusion, Explorer, Explorer Sport Trac, and Mercury Milan and Mountaineer, NHTSA Recall #10V-161, seatback-head restraint problem, 452; BNA monthly recall report, 641
– NHTSA revises safety standard, 1157

HEADLIGHTS

– Intermittent performance, 2005 Chrysler minivans, NHTSA preliminary investigation PE 10-022, 771
– Location requirement, NHTSA denies BMW petition for modification of headlight system requirements, 478
– Low beam failure, Honda Fit vehicles, NHTSA preliminary evaluation PE 10-037, 1003

HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)

– Bisphenol A, web site for parents launched, outlines continuing effort to determine health risks, 74

HEALTH AND MEDICAL PRODUCTS

See generally MEDICAL DEVICES

HEALTH CARE

– Drugs

See PHARMACEUTICALS; specific names

– Hospitals

See HOSPITALS

– Medical devices

See MEDICAL DEVICES; specific types of device

HEATERS AND HEATING EQUIPMENT

– Bilingual warnings, propane heater, duty to provide (S.D. Fla.), 1211
– Commercial grade propane-powered heater, men used inside camper trailer despite warnings, wrongful death (9th Cir.), 355
– Oscillating ceramic heaters, fire hazard, BNA monthly recall report, 1284
– Sauna heater alleged cause of health club fire, Swedish maker subject to personal jurisdiction (D. Conn.), 841

HEATING, VENTILATION, AND AIR CONDITIONING (HVAC)

– Ford Minibus, NHTSA upgraded preliminary evaluation of switch failure to engineering analysis, 451

HEAVY EQUIPMENT

– Industrial

See INDUSTRIAL EQUIPMENT AND MACHINERY

– John Deere backhoe loader, reasonable limits on models and assembly times (Tex.), 4; correction, 103
– Lawn mowers

See LAWN MOWERS

– Scotsman commercial modular cube ice machines, solenoid failure, fire hazard, BNA monthly recall report, 256
– Tractor scraper malfunction, design and marketing defects, negligent maintenance, verdict (Tex. Dist. Ct.), 118

HELICOPTERS

– Indemnity claim by maker against service company, damages paid due to fatal crash (Tex. Ct. App.), 1070
– Maintenance manual allegedly defective, GARA applicability, crash injury suit (Cal. Ct. App.), 606

HELMETS

– Motorcycle

See MOTORCYCLES

HEPARIN

– Pleading standard met, claims against 3 makers for health problems (D.N.J.), 1247
– Strict liability, negligence, fraud, breach of warranty in death after dialysis (E.D. Tex.), 26

HERNIA PATCHES

– CK patch MDL, design defect and inadequate warning claims, $1.5M award (D.R.I.), 896
– Strict liability, heightened pleading standards, Proceed mesh patch defect (M.D. Fla.), 119
– Successor companies, originator of Kugel product line, claims predating takeover (8th Cir.), 944

HEXABROMOCYCLODODECANE

– EPA action plan, 906
– Toxic designation proposed, Env't Canada seeks comments, 952

HEXAVALENT CHROMIUM

– Watch strap, design defect claims and expert evidence (W.D. La.), 67

HHS

See HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)

HIGHWAYS

– Equipment

See HEAVY EQUIPMENT

HIP PROSTHESES

– Apex Replacement hip, breach of warranty, fraud, or state law, higher failure rate, damages (D. Mass.), 274
– ASR XL Acetabular system, centralization of cases in N.D. Ohio (J.P.M.L.), 1245
– Component part premarket approval, defect alleged, claims preempted (D. Idaho), 1170
– Durom Cup, metal-on-metal implant, extreme pain to patients, national claims (W.D. Ky., S.D. Fla.), 277; consolidated claims transferred to N.J. district court (J.P.M.L.), 629; “unreasonably unsafe” device marketed (W.D. Ky.), 633; 3 new suits filed (S.D. Ohio, D. Ariz., D. Conn.), 793
– Expert witness unqualified to testify, implant defect alleged (M.D. Ga.), 1190
– Failure while implanted, defect in design or manufacture, claims meet plausibility standard (S.D. Ohio), 736
– Howmedica made Trident PSL Acetabulum model, state law claims against hip prosthesis maker preempted (M.D. Fla.), 333
– Parallel claims

– – FDA compliance failures linked to device failure, no preemption (E.D. Tenn.), 625
– – Pleading insufficient, not specific enough, repleading allowed, preemption (S.D.N.Y.), 1021
– – Recalls and warning letters as basis for claims, no preemption (E.D. Mo.), 1272

– Preemption theories bar claims against maker (N.D. Tex.), 941
– Recall letter, maker issuance not admission of defective or unreasonably dangerous device (S.D. Ala.), 563; reconsideration of summary judgment order denied, 709
– Replevin claim, manufacturer possession of allegedly failed component parts, abandonment defense (D.D.C.), 869
– State law claims for strict liability, negligence, and breach of warranties, preemption (M.D. Fla.), 333
– Summary judgment sought on claims, disposition (W.D. Okla.), 762
– Third party spoliation of evidence as separate tort (Ariz.), 494

HIV

See AIDS AND HIV

HORMONE REPLACEMENT THERAPY (HRT)

– Breast cancer cause alleged

– – Compensatory and punitive damages award of $58M upheld (Nev.), 1207
– – Punitive damages retrial (U.S., opposition brief filed), 568; (rev den), 655

– Clinical study publication, causal link between breast cancer and medications, summary judgment in 14 cases reversed (Pa. Super. Ct.), 940
– N.Y. statute of limitations, preclusive effect on Minn. claims filing (D. Minn.), 1022
– Premarin

See PREMARIN

– Prempro

See PREMPRO

– Provera

See PROVERA

HOSPITALS

– Bryn Mawr Hosp., strict liability, failure to prove da Vinci surgical robot malfunction caused injury (3d Cir.), 122; (U.S., rev den), 1050
– Pain pump implant, facility possibly liable as seller or distributor, remanded (D. Mass.), 1275

HOUSEHOLD APPLIANCES

See APPLIANCES

HRT

See HORMONE REPLACEMENT THERAPY (HRT)

HUMAN BIOLOGICAL PRODUCTS

– Blood

See BLOOD

– Defective sperm, N.Y. bar on protected right to be born without genetic disorder, fraud (3d Cir.), 350

HUMIRA

– Off-label use to treat Crohn's disease allegedly caused lymphoma, failure to warn claim (N.D. Cal.), 631

HVAC

See HEATING, VENTILATION, AND AIR CONDITIONING (HVAC)

HYBRID VEHICLES

– Braking and uncontrollable acceleration concerns, Honda Accord and Civic vehicles, NHTSA considers formal investigation, 1230
– Safety standard for electrical systems, international group adopts standard, 282
– Sound devices for “silent” cars

– – Pedestrian safety measure

See LEGISLATION, FEDERAL, S 841

– – Toyota Prius in electric power mode, pedestrian warning, 910
– – UN working group developing global standard, 954

– Water pumps faulty, 2004-2007 Prius vehicles, Toyota service campaign, 1231

HYDROGEN SULFIDE

– Brain injury from exposure alleged, expert evidence lacking (8th Cir.), 588