Florida Supreme Court Clarifies Product Liability Jury Instructions

April 1, 2015

gavel21.jpgThe Florida Supreme Court last month issued an opinion that adopts a new set of jury instructions for product liability cases.

The move, as set forth in In Re: Standard Jury Instructions in Civil Cases - Report No. 13-01 (Products Liability), is the ending of a transition that started nine years ago when the Committee on Standard Jury Instructions in Civil Cases first initiated an overhaul of the model instructions for all civil cases.

The first round of changes, approved in 2010, excluded product liability. In 2012, some preliminary revisions were to product liability jury instructions, but the court was clear: more work was necessary. Now, three years later, the court has reached a conclusion.

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Book v. Voma Tire Corp. - Dangerous Tire Lawsuit to Proceed

March 17, 2015

tire2.jpgA defective tire that fails while a vehicle is in motion can result in a serious accident and potentially catastrophic injuries.

The recent case of Book v. Voma Tire Corp. involves an allegedly defective tire that resulted in serious injury. However, the case differs a bit in that the vehicle wasn't in motion at the time of injury. Rather, it reportedly blew up on a teenager who was attempting to inflate it.

The issue before the Iowa Supreme Court in this case was whether a large, multi-national defendant had the right to have the case dismissed in state district court for lack of personal jurisdiction. That is, the defendant didn't operate in the state of Iowa. It's a Chinese company. Thus, it argued the district court didn't have the right to hear the case.

However, the Iowa Supreme Court disagreed, allowing this defective tire product liability claim to move forward in state court.

According to court records, the victim was 17 at the time of the incident, son of an owner/operator of an auto repair shop. He worked part-time for his father through an apprentice program at his high school.

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Safety of Dietary Supplements Challenged Amid Investigation

February 26, 2015

gelcaps.jpgAn investigation into the efficacy of over-the-counter dietary supplements revealed the products did not even contain the herbs that were listed on the labels. This prompted the New York state attorney general's office to order four major retailers - Walgreens, Target, GNC and Wal-Mart - to yank their store-branded supplements from shelves.

The good news is most of what those products did contain was reportedly "filler," which is mostly to say the substances were generally harmless (beans, carrots, powdered rice, peas,etc.), though there were some that contained possible allergens not listed on the labels (peanuts and soybeans).

The bad news is, there is a strong potential that many other supplements from other brands remain on shelves without clear accountability of what is contained therein. Plus, these brands use carefully-worded promotional ads to tout uses that are unproven and unapproved. In some cases, they can be very harmful.

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Velasquez v. Centrome, Inc. - Plaintiff Gets Second Chance in Product Liability Case

February 12, 2015

bins.jpgA worker allegedly sickened by exposure to dangerous chemicals contained in certain food flavorings has won a new trial against the supplier of those flavorings, after an appeals court ruled the trial judge improperly disclosed the plaintiff's status as an undocumented immigrant.

The ruling in Velasquez v. Centrome, Inc. underscores the responsibility companies have to protect against exposure to harmful products - a responsibility that should not be diminished simply because of a plaintiff's immigration status.

According to court records, the plaintiff alleged his lung disease was the result of occupational exposure to a chemical compound called diacetyl, which gives an intense buttery flavor and was distributed by the defendant. The plaintiff began work as a temporary employee at a company that made food flavorings, and within a year, he became a full-time, permanent employee.

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Birth Control Lawsuits Continue to Rise Amid Complications

January 26, 2015

woman.jpgComplaints are beginning to rise among the nearly 1 million women who have been implanted with a medical device intended for contraception. The woman say the device, named Essure, can cause extreme pain, bleeding and damaged tissue. Many have had to endure numerous surgeries in order to have the devices extracted. Some - including young women - have had to undergo hysterectomies, allegedly as a result of complications caused by these devices.

Unfortunately, patients who used the device are finding it difficult to pursue litigation. The company that produces the device, Conceptus, was purchased by Bayer HealthCare early last year. Due to a medical device amendment passed by Congress, devices such as this that won pre-market approval from the U.S. Food & Drug Administration may not be subject to common law claims. The amendment even withstood a challenge in the U.S. Supreme Court.

So even though the FDA approved the device after a small study of just 500 women, victims may have little options for recourse unless they can show doctors weren't sufficiently trained by the manufacturer to implant the product, or the maker broke federal law in some regard.

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Testosterone Therapy Dangers Highlighted in Study, New Drug Testing

January 16, 2015

muscles.jpgTestosterone treatments are a multi-billion dollar industry in the U.S. Commercials promise men renewed energy, a powerful sex drive, and better moods.

According to NBC News, doctors wrote 7.5 million testosterone prescriptions in 2013 - nearly double the number written just six years earlier. Although these treatments are sometimes warranted, they are not without risk. Last year, the U.S. Food & Drug Administration issued a warning indicating testosterone therapy is associated with a heightened risk of potentially lethal blood clotting, known as deep vein thrombosis. There have been assertions that long-term data on the real risks is insufficient.

Recently, the journal Endocrinology published a study indicating testosterone replacement therapy may put men at higher risk of developing prostate cancer. While there are other studies that seem to indicate the risk is minimal, the latest research from scientists at the Department of Pathology at the University of Illinois suggests the potential is substantial. In their research, study authors used a slow-release testosterone implant device on some rats and on others used nothing. Then, they injected some of the rats in both groups with a chemical known to cause cancer.

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Colombo v. BRP US, Inc. - Jet Thrust Injury on Personal Watercraft

January 6, 2015

jetski.jpgThe Florida Fish & Wildlife Conservation Commission reports there are approximately 111,000 registered personal watercraft in the state of Florida. In 2013, these recreational water vehicles, which include Jet Skis, Sea-Doos, and Waverunners, were involved in 137 accidents, with Miami-Dade reporting more than any other county.

These accidents resulted in 125 injuries and 10 deaths. While most of those involved did not die, those injured often suffer serious and sometimes lifelong consequences. Among the worst are internal injuries and orifice injuries caused by jet thrust. This is the jet of water ejected from the craft.

On personal watercraft, passengers and operators are often thrown or fall off the back of the vehicle. If riders are not wearing a protective wet suit, that thrust of water is propelled with such force that it can result in serious internal injuries.

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Confidential Airbag Settlements Seal Information Relevant to New Plaintiffs

December 15, 2014

passengerairbag.jpgIt's not uncommon for civil litigation to be resolved through settlement prior to trial. Typically, this is advantageous for both parties for a myriad of reasons, though it can sometimes come with one catch: confidentiality.

In exchange for keeping the details of the agreement private, plaintiffs may receive a damages award. Businesses typically have a vested interest in keeping such information under wraps. In particular, companies benefit when future plaintiffs with the same or similar claims may not access details that could be relevant to their own case, details that would be public had the case gone to trial or the settlement not been confidential.

Such is the case currently with regard to the first of what will likely be scores of product liability lawsuits against Takata Corp., the Japanese-based airbag manufacturer whose defective vehicle parts have reportedly contributed to numerous injuries and several deaths. The airbags reportedly deploy with such force that the metal contained inside becomes shrapnel in the event of impact.

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Vaginal Mesh Litigation Continues Amid Multi-Million Dollar Verdicts, Settlements

November 26, 2014

womanwindow.jpgInjuries resulting from transvaginal mesh implants are not only painful but have proven life-altering.

Since the products were first released on the market several years ago for treatment of pelvic prolapse and other conditions, tens of thousands of women have filed lawsuits alleging major complications. Many patients had to undergo revision surgery - sometimes numerous revision surgeries - to correct problems associated with the device.

In essence, these devices were poorly designed by manufacturers that failed to test the long-term safety of their materials in the human body. The products were not subject to rigorous testing typically required for medical devices by the U.S. Food and Drug Administration because manufacturers exploited a loophole through the 510(k) program allowing them to assert their device was "substantially similar" to an existing product.

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Kenser v. Premium Nail Concepts - New Trial in Nail Product Poisoning Case

October 29, 2014

nails.jpgThe Montana Supreme Court recently granted a new trial in a product liability claim stemming from an injury suffered by a nail salon operator, allegedly from use of a liquid acrylic nail mix.

A jury had already weighed the plaintiff's claims for defective manufacturing, failure to warn, and defective design in Kenser v. Premium Nail Concepts, Inc. and returned a verdict favoring the defendant.

On review, however, the state supreme court reversed, finding the trial court abused its discretion in a number of areas, including allowing certain defense expert witness testimony, denying the plaintiff an opportunity to cross-examine that expert witness, and issuing several erroneous jury instructions.

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Christensen v. Alaska Sales - Seat Belt Defect Case Headed to Trial

October 21, 2014

seatbelt.jpgA driver who suffered brain damage after a 2008 collision has finally been cleared to take her case to trial against the dealership for an allegedly defective seat belt that failed to protect her.

The product liability lawsuit, Christensen v. Alaska Sales & Service, Inc., highlights the very real problem of vehicle defects, and how the failure of vehicle systems can cause crashes or result in their being far more serious.

Just in October, unsafe vehicles and vehicle parts have resulted in a host of recalls. Those include:


  • 4.7 million vehicles recalled for defective Takata airbags after at least four people died when the inflator mechanisms in the bag ruptured, spraying passengers with fragments of metal;

  • 23,000 Suzuki motorcycles recalled for gears that miss during shifting;

  • 45,500 trucks and sport utility vehicles recalled for floor mats that interfere with pedals;

  • 300,000 vehicles recalled for loose toe adjuster links with the potential to result in loss of vehicle control;

  • 90,000 vehicles recalled for corroded hood latches, which can cause the hood to open unexpectedly while the vehicle is in motion.

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FDA: Male "Enhancement" Drugs Are Deceptive, Dangerous

September 26, 2014
pills12.jpgNo matter what the advertisements say, "bigger" is not always "better." In fact, it might even be "badder." That's according to the U.S. Food & Drug Administration, which is cracking down on what it calls the deceptive and potentially deadly trend of hyping male "enhancement" drugs. The agency has issued 20 public notifications just this year, notifying distributors and consumers of about 20 tainted products sold on the internet. The products, slapped with labels like "Rock-It-Man" and "Ninja Mojo," promise men will enjoy "sexual enhancement." At best, the FDA warns, those claims are overstated. The bigger problem is that many of these products contain potentially dangerous ingredients.

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Payne v. Novartis Pharm. Corp. - Failure-to-Warn Claim Will Proceed

September 2, 2014

pills4.jpgThe U.S. Court of Appeals for the Sixth Circuit ruled recently that a woman asserting a claim for failure to warn against a drug manufacturer may proceed with her lawsuit, finding a reasonable jury could conclude she would not have taken the drugs had she known the severity of the risks.

In Payne v. Novartis Pharm. Corp., the plaintiff was diagnosed with osteonecrosis, or jaw death, after years of taking the defendant's drugs, Aredia and Zometa. Both drugs, given intravenously, are effective in preventing certain types of fractures and bone pain. Unfortunately, they also can cause serious damage to the jaw bone, a problem that came to light within the medical community in the early 2000s.

Our product liability attorneys know that in order to prevail on a failure to warn claim, a plaintiff must prove the defendant knew more than it told consumers, or failed to convey adequate information or instructions for the plaintiff to effectively weigh the risks of a dangerous product. Courts have stressed it is the plaintiff's burden to show exactly how and why the product is defective.

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FDA: Some Tattoo Ink Kits Pose Serious Infection Risk

August 18, 2014

tattooedman.jpgNo longer simply for sailors or bikers, tattoos have gained enormous popularity in recent years. More than one out of every four adults sports some type of permanent ink on their bodies. This has resulted not only in widespread acceptance, but also in the belief that the process is safe.

However, there are many risks associated with "getting inked," including the possibility of a severe infection. This was highlighted recently by the U.S. Food & Drug Administration's recall of certain types of kits connected to major infections.

Our product liability lawyers understand the reportedly contaminated ink products, produced by White and Blue Lion, Inc., were recalled in mid-July. However, the FDA has expressed concern that both professional tattoo artists and consumers are still buying and using the home tattoo kits from distributors, particularly online retailers, who may not know or care that the products have been recalled.

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8th Circuit Upholds Summary Judgment for Pain Pump Injury Defendant

May 19, 2014

orroomlights1.jpgThe Eighth Circuit Court of Appeals has affirmed a summary judgment in favor of Stryker Corp. in relation to a lawsuit filed because of damage caused to a patient's shoulder following the implant of a post-surgery pain pump.

The device was designed and marketed as a way to help alleviate patient pain following surgical procedures by injecting a set dosage of drugs (here, bupivacaine) at various intervals directly at the surgical site. However, in this case, Mack, et al. v. Stryker Corp., et al.,, and several others, the pain pumps ended up reportedly causing more harm than good.

Defective medical device attorneys know this is not the first time Stryker has come under fire for its products. Its knee replacement devices were the subject of a Class 1 recall by the U.S. Food & Drug Administration in April last year. These products have also been the subject of extensive litigation.

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