www.bna.com Product Safety & Liability Reporter: Current Reports
HomeIndexTable of CasesFeedbackwww.bna.com

Printable version (PDF) 

INDEX
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
    MANAGEMENT AND BUDGET OFFICE (OMB)
      – Information and Regulatory Affairs Office
      – Regulatory review process, overhaul delay, public comments assessed, 252; administrative priority to put data sets in open format, guidance on using online social media to solicit comments, 406; regulatory policy office head confident Clinton-era E.O. sufficient for most changes to process, Special Report, 481
    MANGANESE
      – 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
    MANUFACTURING
      – 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
    MAPBAP ACETATE
      – Toxic designation and use limit proposal, Canada issues draft order, 1057
    MARKETING
      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
      – 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
      – 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
    MARYLAND
      – 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
    MASSACHUSETTS
      – 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
      – Neurontin, failure to warn claim, expert refuses to testify that drug caused symptoms (D. Mass.), 901
      – Pain pump implant, hospital possibly liable as seller or distributor, remanded (D. Mass.), 1275
    MDL
    MECHANICAL DOORS
      – Bi-fold, hardware store liability for injury, assumption of risk (S.D. Sup. Ct.), 187
    MEDIA
      – Emerging technologies, mobile devices, and demise of traditional news vehicles, change in class action notices, BNA Insight, 286
    MEDICAL DEVICE AMENDMENTS TO FFDCA
      – Preemption
      – §510(k) process, FDA premarket clearance process review, 248
    MEDICAL DEVICES
      – 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
      – Balloon catheter, angioplasty, Ky. law claim, preemption (E.D. Ky.), 215
      – 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
      – Cochlear implants adulterated devices, parallel claims not preempted (N.D. Tex.), 705
      – Defibrillators
      – Diversity jurisdiction in suit against maker, remand motion for non-diverse defendants denied (W.D. La.), 531
      – 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
      – Femoral rod implant breaks, independent sales representative possibly liable (E.D. Cal.), 711
      – Hernia patch
      – Hip prostheses
      – Imaging equipment use and radiation exposure, BNA Insight, 930
      – Insulin pumps, class claims where not same model of device, different states' laws apply (S.D. Tex.), 245
      – Knee implants
      – Learned intermediary doctrine defense in litigation, history and survey of states, BNA Insight, 544
      – Medical monitoring
      – NuvaRing
      – 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
      – Ophthalmic devices
      – Orthopedic implants
      – Pacemakers
      – Pain pumps
      – Post-approval monitoring and analysis of safety and efficiency, FDA urged to take more comprehensive approach, 358
      – 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
      – Radiation therapy
      – Spinal cord stimulator
        – – Class III classification, defective design claim preemption (Miss.), 1071
        – – Recall allegation insufficient, design defect claim (E.D. Tenn.), 1171
      – Spinal fusion system, testimony of treating physician did not establish device defective or caused permanent injuries (W.D.N.Y.), 400
      – 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
      – Surgical products
      – Ultrasonic scaler, dentists sue maker, injury in fact required (Cal. Ct. App.), 64
      – Vagus nerve stimulation system
        – – Breach of warranty and manufacturing claims, preemption (3d Cir.), 822
        – – Treatment-resistant depression, recovery for malfunction (D.N.J.), 155
    MEDICAL MONITORING
      – 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
    MEDICAL RECORDS
      – Treating physicians, ex parte interviews, Ortho Evra birth control patch, permissible subject matter (N.D. Ohio), 97
    MEETINGS
    MELAMINE
      – Infant formula contamination, Chinese officials concealed, 31; forum non conveniens motion granted, China is proper forum (D. Md.), 415
    MERCURY
      – Canada, biomonitoring national survey, 877
      – Canned tuna, failure to warn (D.N.J.), 395
    MERIDIA
      – Voluntary withdrawal from U.S. market by Abbott Labs, 1076
    METABOLOGENS
      – Bone morphogenetic protein off-label use, settlement with maker, medical malpractice damages setoff (D.S.D.), 902
    METAPROLOL
      – Private right of action for adulterated product, Mo. law preemption (E.D. Mo.), 41
    METHYLENE CHLORIDE
      – Baby products containing carcinogen banned by FDA, economic injury sufficient for standing (D.N.J.), 447
    METOCLOPRAMIDE
      – 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
        – – Long-term use, risks (N.D. Ga.), 332
        – – 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
        – – Prescribing practices after mandatory 2009 black box warning, physician testimony raises fact issue (M.D. Fla.), 1273
      – Proximate causation evidence not provided, judgment for maker (S.D. W.Va.), 1216
      – Sufficient evidence of Reglan use shown (S.D. Ala.), 418
    MEXICO
      – Class actions re consumer protection or environmental claims, constitutional amendment, 822; Senate passes bill, 1277
    MICHIGAN
      – 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
      – Prempro alleged cause of breast cancer, claims against maker of FDA-approved drug, fraud-based exception not preempted (E.D. Pa.), 1045
      – Toyota sudden acceleration
        – – Depositions of 2 executives in personal injury suit (Mich. Ct. App.), 845
        – – Recalls and possible causes, state attorney general subpoena, 300
    MINING EQUIPMENT
      – Respirators, silicosis in granite-quarry worker, suit time-barred (E.D. Mo.), 1098
    MINIVANS
    MINNESOTA
      – 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
      – Levaquin
        – – 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
      – Mirapex, compulsive gambling losses, Tex. statute of limitations bars claim (D. Minn.), 919
      – 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
      – Passive seller, premature to dismiss claims against pain pump maker, discovery to determine whether exemption to immunity exists (D. Minn.), 334
      – 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
    MINOCYCLINE
      – Acne treatment, teenager vision loss, generic drug maker preemption defense (M.D. Ga.), 276
    MIRAPEX
      – Compulsive gambling losses, Tex. statute of limitations bars claim (D. Minn.), 919
    MISREPRESENTATION
    MISSISSIPPI
      – 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
    MISSOURI
      – 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
    MMTJA
    MOLD
      – Front-loading washing machines, class certified (N.D. Ohio), 730
    MOTOR HOMES
      – 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
    MOTOR SCOOTERS
    MOTOR VEHICLES
      – Accelerator control systems
      – Air bags
      – Alcohol detection technology, NHTSA driver focus groups, 928
      – All-terrain vehicles
      – Backovers prevention, rear video cameras requirement in passenger vehicles, NHTSA proposed rule, 1254
      – Buses
      – Climate change, fuel economy and safety, and expected impact on litigation, BNA Insight, 718
      – 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
      – Cruise control
      – Defect and recalls reporting, Japan, Mitsubishi officials fined, false report of truck defect, appeal rejected, 280
      – Defect investigations
      – Door latches
      – Ejection likelihood and injury severity in crashes, factors, report, 32
      – Electric vehicles
      – Emergency roadside services
      – Engines
      – Equipment
        See specific types of equipment
      – Fuel pumps
      – Fuel systems
      – Fuel tanks
      – GM, parts worker died of mesothelioma, evidence of exposure to asbestos sufficient for jury to decide causation (N.J. Super. Ct. App. Div.), 386
      – Head restraints
      – Hybrid
      – Lemon laws
      – Minibike and go-carts gas cap leak, fire and burn hazard, voluntary recall, 773; BNA monthly recall report, 886
      – 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
      – NHTSA
      – Older drivers and occupants safety needs, NTSB forum, 1175
      – On-board computers, Info. Sys. Soc'y of Japan report and recommendations, 1134
      – Rental car companies, recall remedies failure alleged, NHTSA investigates, 1229
      – Rollovers
      – Roof strength
      – Seat belts
      – Smart technologies, benefits and driver distractions discussed at conference, 510
      – Steering systems
      – SUVs
      – Tires
      – Transmissions
      – Trucks
      – Used cars recall data, Honda expands availability through Carfax, 800
      – Vans
      – Vehicle Identification Number (VIN) system 30-year extension, 2008 final rule, reconsideration petitions response, 14
      – Windows
      – Windshields
      – Wireless ignition node modules solenoid latch binding, Chrysler recalls Dodge and Jeep vehicles, Recall #10V-200, 511; BNA monthly recall report, 641
    MOTORCOACHES
    MOTORCYCLES
      – 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
      – Circuit breaker defect alleged, blood spatter analogy, expert testimony (Wash. Ct. App.), 1212
      – 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
      – Headlight location requirement, NHTSA denies BMW petition for modification of headlight system requirements, 478
      – 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
      – Oscillating front wheels or handlebars, Honda GL1800 Gold Wing, admissibility of expert testimony ruling before class certification (7th Cir.), 390
      – Reflectors, improper height at front side, Yamaha YZF-R6 recall, 847; NHTSA Recall #10V-365, BNA monthly recall report, 978
    MOTRIN
      – 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
    MOUTHWASH
      – Childproof caps faulty and missing warning statements, Procter & Gamble recall, 692; BNA monthly recall report, 886
    MP3 PLAYERS
      – iPod users allege risk of hearing loss, class action (9th Cir.), 23
    MULTIDISTRICT LITIGATION (MDL)
      – 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
    MULTIPARTY, MULTIFORM TRIAL JURISDICTION ACT (MMTJA)
      – Mass tort suit re airplane crash in Cameroon, removal from Ill. state court and remand (7th Cir.), 533
    MYLOTARG
      – Voluntarily withdrawal from U.S. market by Pfizer, 659

Contact the Webmaster at webmaster@bna.com
1801 S. Bell Street, Arlington, VA 22202 - Phone: 1-800-372-1033

Copyright © The Bureau of National Affairs, Inc. All Rights Reserved.