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Vol. 38, Nos. 1 - 49, pp. 1-1288 Jan. 4 - Dec. 20, 2010 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
MAINE
Children's Motrin, Me. law governs punitive damages claim, skin reaction and liver damage alleged (E.D. Pa.), 821
Light cigarettes marketing MDL, unjust enrichment claims and requests for relief at pleadings stage (D. Me.), 819; continued purchases, reliance allegations, 987; four state classes, certification denied, 1214; N.H. class certified, 1214 Statute of repose re dissolved corporations, asbestos exposure mesothelioma suit, open courts constitutional challenge (Me.), 594
Information and Regulatory Affairs Office
Parkinson's disease, welding rods fumes, speculative expert causation testimony (6th Cir.), 964
Welding rods MDL, jury liability finding upheld, damages award vacated (5th Cir.), 922
Defect, nerve stimulation system, treatment-resistant depression, recovery for malfunction (D.N.J.), 155
Printing press, design defect, appeals court precedent, foreseeable risk of harm, alternative design (E.D. Pa.), 237 Strict liability, negligence, implied and express warranty breach, and misrepresentation, hip prosthesis, warning letters sent by FDA (N.D. Ohio), 359 3rd Annual Product Safety and Liability Conference, speakers, 1056
Toxic designation and use limit proposal, Canada issues draft order, 1057
See also ADVERTISING
Concealed risk, Cal. county, false and misleading campaign to obfuscate risks of Avandia (N.D. Cal.), 243 Coupon for Kentucky Grilled Chicken meal, breach of contract and fraud claim, class action (N.D. Ill.), 765 FDA approval and health benefits, state class claims against aspirin maker not preempted (E.D.N.Y.), 361 Labels
See LABELING
Off-label use
Charite Artificial Disc, promotion as negligence per se, sale with knowledge of prescribing physician plan (9th Cir.), 159
Fraudulent and deceptive campaign re 12 drugs alleged, class action dismissed (E.D. Pa.), 795 Neurontin
Class challenge decertified (Pa. Super. Ct.), 62; correction, 103
Suicide, wrongful death, proof of use before death (M.D. Tenn.), 213
Bisphenol A, senate bill banning manufacture, sale, or distribution of baby bottles and sippy cups, 198; ban signed, 402
iPhone external antenna, dropped calls, class action proposed (D. Md., N.D. Cal., S.D. Tex.), 707 Metoclopramide, brand name drug makers liability, generic product used only (D. Md.), 1187
Bisphenol A, governor seeks limited ban in children's products, chemistry council criticizes, 255; reusable food and beverage containers ban, 1280
Escalator apparent manufacturer, hand injury in Chinese department store, U.S. company liable (Mass. App. Ct.), 945 Free cigarette samples received as child led to lifetime addiction alleged, jury award in wrongful death suit (Mass. Super. Ct.), 1268 Medical monitoring
Hazardous substances exposure no manifest physical injury, tort claims, BNA Insight, 428
Lung cancer early detection, long-time smokers claims, class certified (D. Mass.), 676 Pain pump implant, hospital possibly liable as seller or distributor, remanded (D. Mass.), 1275
Bi-fold, hardware store liability for injury, assumption of risk (S.D. Sup. Ct.), 187
Emerging technologies, mobile devices, and demise of traditional news vehicles, change in class action notices, BNA Insight, 286
Ancure Endograft System
Investigational device exemption, claims preempted (Cal. Ct. App.), 1217
Preemption of product liability, warranty breach and Cal. law violations (Cal. Ct. App.), 162; (U.S., rev den), 1275 Bone screws broke, expert witness unqualified, product liability claim (D.N.J.), 924 Catheter access kit and pain pump refill kit confusion, morphine death, maker not liable (E.D. Mich.), 1067 Cavitron dental device, class action, warranty breach and negligent design, standing of periodontists (E.D. Pa.), 120 Charite Artificial Disc
Brochure and website statements and photos, breach of warranty claim (S.D. Fla.), 993
Off-label promotion as negligence per se, sale with knowledge of prescribing physician plans (9th Cir.), 159 Defibrillators
See DEFIBRILLATORS
Elbow implant, admissibility of scientific evidence, different than medical evidence in Daubert (9th Cir.), 267; minor modifications to earlier order (en banc rev den), 449 External elbow fixator, range of motion after surgery, captain-of-the-ship doctrine, learned intermediary doctrine (Colo.), 296 Eye implants Hernia patch
See HERNIA PATCHES
See HIP PROSTHESES
Insulin pumps, class claims where not same model of device, different states' laws apply (S.D. Tex.), 245 Knee implants
See KNEE IMPLANTS
Medical monitoring
See CONTRACEPTIVES
Ophthalmic devices
See PACEMAKERS
See PAIN PUMPS
Premarket clearance, FDA oversight, substantially equivalent as well as safe and effective, 248 ProDisc devices
Artificial cervical disc, FDA approval process allegedly circumvented, motion to remand to state court (C.D. Cal.), 685
Spine device, defect, incomplete and misleading data to FDA, amended complaint (S.D. Tex.), 217
Class III classification, defective design claim preemption (Miss.), 1071
Recall allegation insufficient, design defect claim (E.D. Tenn.), 1171 Stents
Design defect claims preempted, manufacturing defect and failure to warn claims allowed (N.J. Super. Ct. App. Div.), 789
Unapproved device used in shunting procedure, medical monitoring claim denied (3d Cir.), 917 Vagus nerve stimulation system
Breach of warranty and manufacturing claims, preemption (3d Cir.), 822
Treatment-resistant depression, recovery for malfunction (D.N.J.), 155
Beetle bits, Similac infant formula powder form, class action filed after voluntary recall (E.D. La.), 1050
Beryllium, genetically predisposed individuals to lung disease testing (3d Cir.), 624 Hazardous substances exposure, no manifest physical injury, states tort claims and claims in equity, BNA Insight, 428 Unapproved stent used in shunting procedure, claim denied (3d Cir.), 917
Treating physicians, ex parte interviews, Ortho Evra birth control patch, permissible subject matter (N.D. Ohio), 97
Infant formula contamination, Chinese officials concealed, 31; forum non conveniens motion granted, China is proper forum (D. Md.), 415
Canada, biomonitoring national survey, 877
Canned tuna, failure to warn (D.N.J.), 395
Voluntary withdrawal from U.S. market by Abbott Labs, 1076
Bone morphogenetic protein off-label use, settlement with maker, medical malpractice damages setoff (D.S.D.), 902
Private right of action for adulterated product, Mo. law preemption (E.D. Mo.), 41
Baby products containing carcinogen banned by FDA, economic injury sufficient for standing (D.N.J.), 447
Failure to warn
Brand name drug makers not liable, generic product used only
Cooper, Wyeth (M.D. La.), 1132
Finnicum, Wyeth (E.D. Tex.), 472 Gross, Pfizer (D. Md.), 1187 Kellogg, Wyeth (D. Vt.), 1165 Neal, Teva Pharmaceuticals (W.D. Ark.), 729 Misunderstanding of side effects by doctor, learned intermediary doctrine (5th Cir.), 1101 Preemption issue
Consolidated appeal of 3 cases, FDA opinion sought (6th Cir.), 702; (brief filed), 1188
Long-term use, risks (N.D. Ohio), 216 Solicitor General's view sought (U.S.), 560; (brief filed), 1145; (rev grant), 1270 Strengthening warning impossibility argument (5th Cir.), 40; opposition to review (U.S., brief filed), 844 Sufficient evidence of Reglan use shown (S.D. Ala.), 418
Class actions re consumer protection or environmental claims, constitutional amendment, 822; Senate passes bill, 1277
Catheter access kit and pain pump refill kit confusion, morphine death, maker not liable (E.D. Mich.), 1067
Muffler repair kit, carbon monoxide hazard obviousness (Mich. Ct. App.), 564 Pain pumps
Negligence claim, Minn. not inconvenient venue for Mich. maker (D. Minn.), 1074
Punitive damages claims, choice of law issue (N.D. Ill.), 1243 Toyota sudden acceleration
Depositions of 2 executives in personal injury suit (Mich. Ct. App.), 845
Recalls and possible causes, state attorney general subpoena, 300
Respirators, silicosis in granite-quarry worker, suit time-barred (E.D. Mo.), 1098
See VANS
Corn moving system allegedly defective, settlement with equipment dealer application to manufacturer (Minn.), 532
E. coli infection, tainted hamburger alleged cause, dancer and meat producer settlement (D. Minn.), 496 Football helmet and shoulder pads, NFL player heatstroke death, failure to warn claims (S.D. Ohio), 1020 HRT
Drug claims, N.Y. statute of limitations preclusive effect (D. Minn.), 1022
Fla. woman's suit transferred, forum non conveniens (D. Minn.), 1152
Learned intermediary doctrine possible bar to tendon injury suit, unresolved fact issues (D. Minn.), 818
Tendon rupture risk, evidence admissibility (D. Minn.), 1188; verdict, 1272 Pain pumps litigation
Discovery rule tolls statute of limitations (D. Minn.), 1172
Disposition, 4 of 5 cases (D. Minn.), 1248 Drug companies dismissed without prejudice (D. Minn.), 704 Negligence claim, Minn. not inconvenient venue for Mich. maker (D. Minn.), 1074 Transfer of case to plaintiffs' home state of N.C. (D. Minn.), 759 Plastic pipes with brass fittings MDL, building owners class certification (D. Minn.), 499 Premarin breast cancer causal link, expert testimony fails Daubert admissibility test (E.D. Ark., D. Minn.), 946
Acne treatment, teenager vision loss, generic drug maker preemption defense (M.D. Ga.), 276
Compulsive gambling losses, Tex. statute of limitations bars claim (D. Minn.), 919
Asbestos exposure, nullity of suit filed after death, statute of limitations not waived (Miss.), 1123
Lead poisoning, $7M award to teenager who ate paint chips, former paint maker seeks judgment notwithstanding verdict (Miss.), 731 Marketing practices and off-label use, accord with Zyprexa maker (Miss. Cir. Ct.), 189 Phenytoin sodium, skin reaction from use alleged, sufficient claims stated against maker (S.D. Miss.), 1023 Spinal cord stimulator, class III classification, defective design claim preemption (Miss.), 1071
Avandia alleged cause of cardiovascular injuries, plaintiffs not fraudulently misjoined (E.D. Mo.), 705
Hip implant, recalls and warning letters as basis for parallel claims, no preemption (E.D. Mo.), 1272 Medical monitoring, hazardous substances exposure no manifest physical injury, tort claims, BNA Insight, 428 Merchantability Practices Act, preemption, adulterated generic metaprolol, private right of action (E.D. Mo.), 41 Respirators, silicosis in granite-quarry worker, suit time-barred (E.D. Mo.), 1098 Sedated dental procedure, protocols and manuals suppliers liability for death, pleading standards met (E.D. Mo.), 1274
Front-loading washing machines, class certified (N.D. Ohio), 730
Load capacity, NHTSA rejects industry requests to lift required load capacity labels, 477
Trailer hitches, 2006 Itasca vehicles, NHTSA preliminary investigation PE 10-048, 1282
See generally MOTORCYCLES
Accelerator control systems
See AIR BAGS
All-terrain vehicles Buses
See BUSES
Consumers Union recommendations made in conjunction with April Consumer Reports auto issue release, 197 Crash reporting databases, first phase of changes, NHTSA webinar, 929 Crash tests
See CRASHWORTHINESS
See CRUISE CONTROL
Defect investigations
See INVESTIGATIONS
See DOOR LATCHES
Electric vehicles
See ENGINES
See specific types of equipment
See FUEL PUMPS
See FUEL SYSTEMS
See FUEL TANKS
Head restraints
See HEAD RESTRAINTS
See HYBRID VEHICLES
See LEMON LAWS
Motor Vehicle Safety Act, details of draft bills to strengthen authority, hike funding, and hold auto makers to higher safety standards, 450; mixed industry reaction for new safety standards, more NHTSA authority, upgrades needed, 475; further action, see LEGISLATION, FEDERAL, HR 5381, S 3302 Motorcycles
See MOTORCYCLES
On-board computers, Info. Sys. Soc'y of Japan report and recommendations, 1134 Rental car companies, recall remedies failure alleged, NHTSA investigates, 1229 Rollovers
See ROLLOVERS
See ROOF STRENGTH
See SEAT BELTS
Steering systems
See STEERING SYSTEMS
See TIRES
See TRANSMISSIONS
See TRUCKS
Vans
See VANS
Windows
See WINDOWS
See WINDSHIELDS
See BUSES
Antilock brakes, NHTSA considers mandate in light of IIHS rulemaking petition, 509
BMW
F 650 and 800 GS series, drive chains, NHTSA Recall #10V-274, 665; BNA monthly recall report, 742
F 650 GS series, brake concerns, NHTSA Recall #10V-496, 1110; BNA monthly recall report, 1198 G 650 series, roll gear pins mounting attachment, NHTSA Recall #10V-273, 665; BNA monthly recall report, 742 K 1200 and K 1300 series, bearings corrosion, NHTSA Recall #10V-488, 1110; BNA monthly recall report, 1198 R 1200 and K 1200 series, brake line problem, NHTSA Recall #10V-276, 665; BNA monthly recall report, 742 R 1200 GS Adventure motorcycles, fuel tank front attachment bolts, NHTSA Recall #10V-275, 665; BNA monthly recall report, 742 Front end wobble, Am. Honda, 2 classes of owners certified (N.D. Ill.), 4 Harley-Davidson
883, recall notices inadmissible to prove product defect (5th Cir.), 139
2009 and 2010 Touring family, fuel tank mounts, BNA monthly recall report, 84 Helmets
Bell Helmets USA MAG-8, federal safety standards nonconformance, NHTSA Recall #10E-024, 665; BNA monthly report, 742
Stronger laws mandating use, safety advocates' group report card, 53; use of DOT-compliant helmets, 2009, 54 Reflectors, improper height at front side, Yamaha YZF-R6 recall, 847; NHTSA Recall #10V-365, BNA monthly recall report, 978
Blindness in girl alleged from use, expert evidence exclusion, defense verdict upheld (Cal. Ct. App.), 1128
Contributory negligence, continued use after skin rash noticed, recovery against maker barred despite jury award (7th Cir.), 862 Fraud exception for federally approved drug label, skin reaction (N.D. Tex.), 115 Me. law governs punitive damages claim, skin reaction and liver damage alleged (E.D. Pa.), 821
Childproof caps faulty and missing warning statements, Procter & Gamble recall, 692; BNA monthly recall report, 886
iPod users allege risk of hearing loss, class action (9th Cir.), 23
Aqua Dots tainted with GHB, class certification denied (N.D. Ill.), 1044
Braking issues in Toyota hybrid vehicles, consolidation sought (J.P.M.L.), 562 Contrast dye, gadolinium-based MDL, NSF in renally impaired persons, plaintiffs' expert witnesses (N.D. Ohio), 491 Defibrillators Sprint Fidelis leads, settlement, 1068; dismissal affirmed (8th Cir.), 1090 Digitek, class of consumers suffering loss from recall seek certification (S.D. W.Va.), 122; MDL judge declines to certify classes, 607 Drywall from China, economic loss rule, tort claims against suppliers of contaminated products (E.D. La.), 63; first ruling, Va. homeowners awarded damages, recovery uncertain as manufacturer never appeared, 349; second ruling, La. family awarded damages, 441; partial settlement, 1094 Durom Cup, metal-on-metal prosthesis, 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 Hernia patch, design defect and inadequate warning claims, $1.5M award (D.R.I.), 896 Hip implant, ASR XL Acetabular system, centralization of cases in N.D. Ohio (J.P.M.L.), 1245 Light cigarettes marketing, unjust enrichment claims and requests for relief at pleadings stage (D. Me.), 819; continued purchases, reliance allegations, 987; four state classes, certification denied, 1214; N.H. class certified, 1214 NuvaRing birth control device, review of numerous individual claims (E.D. Mo.), 8 ObTape Transobdurator sling, competitive product, discovery of data (M.D. Ga.), 97; consolidation of 4 women's claims into bellwether trial, 244; maker's motion to exclude expert witness who formerly worked for maker, 362; fact issues of design or manufacturing defects and warnings raised but no warranty claims without privity, 444; statistician may testify on invalidity of claimed complication rates, but ethicist may not address corporate conduct, 469; several parties settled suits, effect on remaining cases, 628; discovery re corporate mergers and acquisitions, 993; Cal. suits, 3 claims survive dismissal, 1171 Pain pumps, degeneration of shoulder cartilage, transfer and centralization denied for second time, indeterminate number of products and makers (J.P.M.L.), 415 Peanut butter salmonella poisoning, causation issues (N.D. Ga.), 1049 Plastic pipes with brass fittings, building owners class certification (D. Minn.), 499 Sudden unintended acceleration, Toyota vehicles, panel to hear motions for consolidation of cases (J.P.M.L.), 210; oral arguments, 299; suits consolidated (C.D. Cal.), 387; temporary counsel appointed, initial case order, 422; attorneys in leadership positions, temporary counsel recommendations, 465; leadership roles, attorneys to be named, 495; leadership roles, attorneys appointed, 534; internal documents, Toyota has 30 days to turn over, 601; dealer service records and experts use, tentative ruling, 656; internal documents allegedly show problems in 2003, 818; Toyota seeks dismissal of suits, 969; economic loss claims assertion, 986; plaintiffs have standing, economic loss claims advance, 1206; personal injury and wrongful death claims may proceed, 1237 Trasylol, labeling requirements, regulatory expert testimony exclusion (S.D. Fla.), 1149 Vioxx, pain drug exclusion from Medicaid program, redhibition claim dismissed (E.D. La.), 703 Welding rods, jury liability finding upheld, damages award vacated (5th Cir.), 922
Mass tort suit re airplane crash in Cameroon, removal from Ill. state court and remand (7th Cir.), 533
Voluntarily withdrawal from U.S. market by Pfizer, 659
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