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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
PACEMAKERS
Atrium punctured by dislodged device, claims do not meet pleading standard and preempted (N.D. Tex.), 710
Company representative directions to physician differ from published warnings, learned intermediary defense (Conn.), 992
Mexico made, recall, 774; BNA monthly recall report, 886
Alleged violations of FDA rules not parallel claims, preempted (E.D. La.), 1127
Continuous intra-articular use of anesthetics, high school athlete charges failure to warn (S.D. Ind.), 243 Contribution and indemnity from physician sought by maker (E.D. Ky.), 501 Degeneration of shoulder cartilage, transfer and centralization denied for 2d time, indeterminate number of products and makers (J.P.M.L.), 415 Direct infusion into joint space, chondrolysis risk, maker had no duty to warn (E.D. Cal.), 736 Discovery rule tolls statute of limitations (D. Minn.), 1172 Disposition, 4 of 5 cases (D. Minn.), 1248 Expert testimony inadmissible, claims for chondrolysis, summary judgment for maker (11th Cir.), 899 Failure to perform to specifications, compliance with premarket approval requirements, claims preempted (S.D. W.Va.), 1241 Faulty pleading of product liability claim under state law, third amended complaint filed (N.D. Ohio), 604 Fraudulent concealment claim fails to meet heightened pleading standards, dismissed (W.D. Pa.), 1131 Hospital possibly liable as seller or distributor, remanded (D. Mass.), 1275 I-Flow
Bupivacaine use allegedly caused chondrolysis, failure to identify maker, claim allowed (D.R.I.), 632
Conspiracy claim, promotion of device for use rejected by FDA (D.N.M.), 1023 Drug companies dismissed without prejudice (D. Minn.), 704 Expert testimony, risk of administering anesthetic directly into joints, accord (S.D. Ohio), 305 Failure to identify makers of products used in shoulders, claims dismissed with leave to amend if able to identify (C.D. Cal.), 396 Fraud claims dismissed without prejudice (N.D. Ind.), 1169 Intra-articular use, FDA documents re 510(k) clearance admissible (D. Or.), 1103 Punitive damage claims
Choice of law issue (N.D. Ill.), 1243
Pleadings sufficient (S.D. Ohio), 1213 Warranty claim time-barred, other claims allowed (D. Colo.), 903 Medtronic, preemption, parallel N.Y. claims, link between good manufacturing practice and cell tumor, drug withdrawal (E.D.N.Y.), 48 Misconduct alleged in intra-articular use promotion, exemplary damages claim allowed (D. Colo.), 1131 Morphine toxicity death, parallel state product liability claims (S.D. Tex.), 1047 Multiple device makers, failure to identify maker, negligence, strict liability, and failure to warn (M.D. Fla.), 212 Naming 2 companies sufficiently identifies defendant, motion to dismiss denied (N.D. Fla.), 994 Negligence claim, Minn. not inconvenient forum for Mich. maker (D. Minn.), 1074 Passive seller, premature to dismiss claims, discovery to determine whether exemption to immunity exists (D. Minn.), 334 Punitive damages, medication in pump not approved for use in joint space or orthopedic surgery (N.D. Ohio), 333 Risk information concealment alleged, plaintiff discovery allowed (W.D. La.), 792 Sensorcaine, shoulder developed further injury, evidence AstraZeneca made first anesthetic after surgery (D. Ct.), 121
Fentanyl patches
See FENTANYL
See MOTRIN
See PAIN PUMPS
Propoxyphene, drug safety, Public Citizen urges recall, 247 Tylenol, scientific data or studies showing causal link to cirrhosis (N.Y. Sup. Ct. Kings Cnty.), 99
Door handles peeling chrome laceration hazard, NHTSA upgrades probe of 2007 Chevrolet Tahoe, 617
Fabric protector spray, respiratory hazard, recall, 1138; BNA monthly recall report, 1284 Lead paint
See LEAD PAINT
See SYNTHETIC STUCCO
Birth defects causation alleged
Negligence claim against doctor, fraudulent joinder defense (E.D. Pa.), 923
Settlement (Pa. Ct. C.P.), 658
Catholic priest suicide while taking, failure to warn, physician knowledge of risks, medical causation proof admissible (S.D. Ind.), 397
In utero exposure, claims that wife's use during pregnancy caused fatal heart defect, limitations period (S.D. Ohio), 399 Learned intermediary doctrine, likelihood of prescribing with most current warnings (11th Cir.), 240 Preemption, FDA authority ban on state law claims (7th Cir.), 178; decision that FDA would have rejected suicide risk cited (10th Cir.), 242; summary judgment vacated and remanded in 2 cases (10th Cir.), 602 Transferring claim to N.Y. where critical events occurred (E.D. Pa.), 10 Wrongful death suicide suit, summary judgment decision for drugmaker, appeal untimely (10th Cir.), 462; rehearing sought, 497
Challenging scientific literature in mass tort and product liability litigation, BNA Insight, 745
Children's sweatshirts with drawstrings, untimely reporting alleged, Pro-Pac Distributing agrees to pay civil penalty, 950; Winter Bee, 1253
Civil
CPSC, factors for determining amounts, final rule approved, 253; commissioners insights into vote for rule, 283; costs and frequency of investigations rising, Daiso consent decree, BNA Insight, 693
Fireworks, 4 importers agree to pay fine, settle alleged safety violations, 1227 NHTSA hike in maximum for school buses, bumper standards, consumer data requests, violation of other standards, 145; final rule, 253 Lead paint, importer fined for distributing toys violating 1978 ban, 147; civil penalty doubled, 609 Thomas & Friends railway toys, importer fined for violating CPSC lead paint ban, 30
Asbestos
Other causes of harm exist, exposure claims reinstated (Pa.), 816
Successor liability, standing to pursue constitutional challenges, zone of interest test (Pa.), 1246 Design defect, appeals court precedent, foreseeable risks of harm, alternative design, printing press (E.D. Pa.), 237 Effexor suicide warnings, 10 sets of plaintiffs challenge, preemption rejected (3d Cir.), 918 Hormone replacement therapy
Clinical study publication, causal link between breast cancer and medications, summary judgment in 14 cases reversed (Pa. Super. Ct.), 940
Limitations period, breast cancer claim after Provera risk known timely (Pa. Super. Ct.), 20 Off-label marketing
Fraudulent and deceptive marketing of 12 drugs alleged, class action dismissed (E.D. Pa.), 795
Neurontin, class challenge decertified (Pa. Super. Ct.), 62; correction, 103 Paxil, birth defects causation alleged
Negligence claim against doctor, fraudulent joinder defense (E.D. Pa.), 923
Settlement (Pa. Ct. C.P.), 658 Redux
Non-disclosed risk does not manifest into injury, failure to warn claim (Pa. Super. Ct.), 817
Strict liability and negligent design defect claims, disposition (Pa. Super. Ct.), 840
Aromatherapy kits, explosion and projectile hazards, JAKKS Pacific and CPSC recall, 1108; BNA monthly recall report, 1198
Indivisible enhanced injury, defective window glass, fact finder apportionment, presumption of non-defectiveness (Utah), 239
Wrongful death suit, throttle reapplication device and design defect claims, new trial sought (Cal. Super Ct.), 897
Benlate, fern crops damages award overturned, separate trials ordered for Costa Rican farmers (Fla. Dist. Ct. App.), 1238
Blueberry farmers' crop damages claims, risk misrepresentation (3d Cir.), 838 Cholinesterase testing of farm workers, electronic results reporting, Cal. governor signs bill, 1026 Drift from herbicide aerial application damages crops, $17M awarded (D. Idaho), 533 Dursban
Cerebral palsy and neurological problems, causation evidence not established (8th Cir.), 1239
Non-Hodgkins lymphoma causation, Cal. medical examiner testimony on exposure (W.D. Pa.), 273
Power adapters for beds, fire and burn hazard, Radio Systems recall, 692; BNA monthly recall report, 886
ProHeart 6, heartworm protection, consumer fraud class action dismissal affirmed (1st Cir.), 597 Veterinary insulin, class action, failure to warn after FDA warning (N.D. Ohio), 26 Vetra 3D, flea and tick control, pet owners' class action, seek recall of pyrethrin-containing products (D.N.J.), 303
See also specific names of drugs
Accutane
See ACCUTANE
Antidepressants
See ANTIDEPRESSANTS
See AVANDIA
See BOTOX
See CONTRACEPTIVES
See DIABETES
See DIET DRUGS
See DIGITEK
Erectile dysfunction Gadolinium-based contrast agent, renal insufficiency, teenager's claims allowed (N.Y. Sup. Ct.), 420 Generic drugs
See GENERIC DRUGS
See HEPARIN
Labeling
See LABELING
Meridia, voluntary withdrawal from U.S. market by Abbott Labs, 1076 Metoprolol, private right of action for adulterated product, Mo. law preemption (E.D. Mo.), 41 Mylotarg, Pfizer voluntarily withdraws leukemia drug, 659 Neurontin
See NEURONTIN
See DIET DRUGS
See PREEMPTION
Proton pump inhibitors, FDA warning, 569 Remicade
See TNF BLOCKERS
Seroquel
See SEROQUEL
Steroids
See STEROIDS
See VACCINES
See VIAGRA
See VIOXX
See ZYPREXA
Urinary tract analgesic, allergic reaction, substitution of makers, pharmacy duty (7th Cir.), 100; (U.S., rev den), 1050
Skin reaction from use alleged, sufficient claims stated against maker (S.D. Miss.), 1023
Grilled chicken warning, suit reinstated (Cal. Ct. App.), 870; (Cal., rev den), 1130
Children's products
Advisory panel, CPSC appoints scientists, 30; health effects, toys and child care articles, first meeting scheduled, 340; first meeting convenes, 402; second meeting scheduled, 614; time changes, second meeting, 691; tentative agenda discussed for Dec. meeting, 1194
Component parts testing and testing certification, proposed rule, 506 Importer fined for exceeding rules, CPSC accord, 224
See TRUCKS
Oil and gas
See OIL AND GAS
Drain cleaner caused facial burns, adequacy of warnings and design defect (N.Y. App. Div.), 47
Plastic pipes with brass fittings MDL, building owners class certification (D. Minn.), 499
Fish oil supplements, environmental and public health groups seek warning labels (Cal. Super. Ct.), 219
Burn warning inadequate (E.D.N.Y.), 187
Asbestos exposure, railroad workers
FRSA, strict liability claim (Pa. Super. Ct.), 42
Locomotive Inspection Act, maintenance facility worker's widow (3d Cir.), 965 Challenges to plaintiff's complaints, ABA conference, viability of claims, 142 Cochlear implants adulterated devices, parallel claims not preempted (N.D. Tex.), 705 Cymbalta, suicide warning risks inadequate, claim not preempted (D.S.D.), 1046; learned intermediary doctrine, judgment for maker, 1102 Cypher stent, design defect claims preempted, manufacturing defect and failure to warn claims allowed (N.J. Super. Ct. App. Div.), 789 Designated seating position rule, auto makers given more time to comply, preemption provision removed, 13 Effexor suicide warnings, 10 sets of plaintiffs challenge (3d Cir.), 918 Endometrial ablation device, preemption of state tort claims (W.D. La.), 868 Federal Motor Vehicle Safety Standard 205
Airport shuttle failure to have seat belts and tempered glass (Tenn. Ct. App.), 298
Same decision as other jurisdictions, rollover ejection death (S.C.), 814 Window glazing, claims for failure to meet in rollover injury, Hyundai Sonata (W.D. Okla.), 93 FFDCA
Effexor, failure to warn, learned intermediary defense (W.D. Pa.), 214
Fraud exception for federally approved drug label, skin reaction to Motrin (N.D. Tex.), 115 Levine ruling
Over-the-counter drug, Tylenol Cold heat-related illness risk, preemption of failure to warn claim (Fla. Dist. Ct.), 49; (U.S., rev sought), 1241
Paxil, inadequate warning of suicide risk, FDA authority ban on state law claims (7th Cir.), 178; both parties cite decision that FDA would have rejected suicide risk (10th Cir.), 242; summary judgment vacated and remanded in 2 cases (10th Cir.), 602
See Medical Device Amendments to FFDCA, this heading
Negligence per se, state law damages claim, knee implant manufacturing defect, lubricating oil prevented bonding (6th Cir.), 624 Redux maker negligence in bringing product to market, claim not preempted (6th Cir.), 894; (rehear den), 1099 Wellbutrin XL, generic drug maker failure to warn claims not preempted (E.D. Pa.), 593; interlocutory appeal filed, 657; interlocutory review opposed, 686 Good manufacturing practice requirements
Adulterated generic metaprolol, Mo. merchantability law, private right of action (E.D. Mo.), 41
Parallel N.Y. claims, link between federal violation and cell tumor, pain pump, drug withdrawal (E.D.N.Y.), 48 Hip prosthesis component part premarket approval, defect alleged, claims preempted (D. Idaho), 1170 Intraocular lens implant, contamination alleged, product liability claims (Ill. App. Ct.), 901 Lamisil, failure to warn claim against maker of FDA-approved drug, Tex. fraud-based exception not preempted (D.N.J.), 967 Medical Device Amendments to FFDCA
Abdominal aortic graft device
Fraudulent concealment claims, no fraud-on-the-FDA (Cal. Cir. Ct.), 162; (U.S., rev den), 1275
Investigational device exemption, claims preempted (Cal. Ct. App.), 1217 Defibrillators Sprint Fidelis leads (Cal. Ct. App.), 1130 Degeneration of shoulder cartilage, transfer and centralization denied for 2d time, indeterminate number of products and makers (J.P.M.L.), 415 Hip prosthesis
Component part passed premarket approval, Tex. tort claims barred (S.D. Tex.), 439
Parallel claims re Trident system preempted (S.D.N.Y.), 1021 Recalls and warning letters as basis for parallel claims, Trident system, no preemption (E.D. Mo.), 1272 Strict liability, negligence, and breach of warranties, Ohio law claims barred (M.D. Fla.), 333 Warning letters sent by FDA, discussion sufficiency to state product liability claim (N.D. Ohio), 359 Parallel claims, claim linking FDA compliance failures to hip prothesis failure not barred (E.D. Tenn.), 625 Seprafilm, strict liability claims, non-preempted parallel claims (N.D. Ill.), 274 Transoral Gastroplasty Stapling System, investigational device exemption, claims preempted (E.D.N.Y.), 1240 Vagus nerve stimulation system
Breach of warranty and manufacturing claims (3d Cir.), 822
Manufacturing defect, FDA approved manufacture (D.N.J.), 155
See METOCLOPRAMIDE
Organic milk certification and false claims, state law claims status (8th Cir.), 995 Pain pumps
Alleged violations of FDA rules not parallel claims, preempted (E.D. La.), 1127
Failure to perform to specifications, compliance with premarket approval requirements, claims preempted (S.D. W.Va.), 1241 Morphine toxicity death, parallel state product liability claims (S.D. Tex.), 1047 Regulatory compliance defense use to satisfy legal obligations and avoid liabilities, BNA Insight, 576 Seat belts, lap/shoulder or lap-only type installation in certain seating positions, motor vehicle safety standard implied preemption (U.S., rev grant), 558; (brief filed), 815; (respondents' brief filed), 988; (oral arg), 1144 Spinal cord stimulator, class III classification, defective design claim (Miss.), 1071 Tort law of states, ABA resolution seeks clarification, 846 Vaccine Act, DPT vaccine, design defect claim bar (U.S., rev grant), 235; (brief filed), 595; (amicus briefs filed, support family), 629; (respondent's brief filed), 787; (amicus briefs filed, support manufacturer), 866; (oral arg), 1064 Zero trans fat labeling, Hostess snack foods, class action dismissed (C.D. Cal.), 1164
Safety of prescription drugs, FDA collaboration with private researchers to study, 28
Breast cancer causal link, expert testimony fails Daubert admissibility test (E.D. Ark., D. Minn.), 946
Forum non conveniens, Fla. woman's suit transferred (D. Minn.), 1152 HRT, claims for design defects, testing and inadequate warnings, removal to federal court for diversity (E.D. Tex.), 27
Breast cancer from use alleged, claims against maker of FDA-approved drug, Mich. fraud-based exception not preempted (E.D. Pa.), 1045
Class action previously filed tolls limitations period, claims not time-barred (E.D. Va.), 659; verdict, 1275 Forum non conveniens, Fla. woman's suit transferred (D. Minn.), 1152 Inadequate warning of risks, damages award (Pa. Ct. C.P.), 184 Joinder claims against drug makers, logical relationship between makers and users (8th Cir.), 66 Negligence, failure to warn of risk, proximate cause (Pa. Ct. C.P.), 211 Risk warning adequate, breast cancer, Wyeth exonerated (E.D. Ark.), 1129 Short-term use and breast cancer link, expert testimony admissible (D.P.R.), 1242
See PHARMACEUTICALS; specific names
Food and Drug Administration
Public disclosure draft proposals, potential impact on product liability litigation, 829
Sentinel, post market drug safety program, priority on confidentiality of patient data patient, 72
See MEDICAL RECORDS
ObTape Transobdurator sling, discovery of data on competitive product (M.D. Ga.), 97; 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
Hepatitis C contracted from syringes reuse during colonoscopy, damages awarded (Nev. Dist. Ct.), 496
Drug safety, Public Citizen urges recall, 247
Bone fractures risk possible, FDA warning, 569
Forum non conveniens, Fla. woman's suit transferred (D. Minn.), 1152
HRT, breast cancer claim after risk known timely (Pa. Super. Ct.), 20
Generic drug maker failure to warn claims, preemption, suicide under treatment (C.D. Cal.), 354
Growth in litigation, relationship to political question doctrine, BNA Insight, 666
Lead paint suit, pigment makers litigation costs denied (R.I. Super. Ct.), 590
Prempro, short-term use and breast cancer link, expert testimony admissible (D.P.R.), 1242
Children's Motrin, Me. law governs claim, skin reaction and liver damage alleged (E.D. Pa.), 821
Failure to show Ohio law applied to pain pump approved by FDA, medication not approved for use in joint space or during orthopedic surgery (N.D. Ohio), 333 Fentanyl, claim against maker of FDA-approved drug, fraud-based exception not preempted (D. Utah), 991 Hip implant fails, summary judgment denied (W.D. Okla.), 762 HRT alleged cause of breast cancer
Punitive damages retrial (U.S., opposition brief filed), 568; (rev den), 655
$35M award upheld (Nev.), 1207 Pain pumps
Choice of law issue (N.D. Ill.), 1243
Pleadings sufficient (S.D. Ohio), 1213
Flea and tick control, pet owners' class action, seek recall of products containing, clearer warnings, EPA (D.N.J.), 303
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