Justia Products Liability Opinion Summaries

Plaintiff had no adverse reaction to receiving the hepatitis B vaccine in 1997 until after her third dose. At that time, her chest pain was not attributed to the vaccine. Plaintiff saw other doctors for various symptoms and, in 1998, doctors identified "post vaccine syndrome." Plaintiff has had unrelated medical problems, suffered the loss of a child, and has had jobs that involved working with chemicals and bodily fluids. Her 1999 claim for compensation under the Vaccine Act (42 U.S.C. 300aa-1) was denied. The Federal Circuit affirmed, stating that if was an "unfortunate case," in which plaintiff suffered a multitude of symptoms but could not prove they were caused by the vaccine. View "Lombard v. Sec'y of Health & Human Servs." on Justia Law

Shortly after Plaintiff Mark Rimbert's father began taking Prozac, he killed his wife and himself. Plaintiff brought a wrongful death action against Defendant Eli Lilly, the manufacturer of Prozac. Defendant moved for summary judgment on various grounds and to exclude the testimony of Plaintiff's sole expert witness on the question of causation. The motions were denied by the district judge initially assigned the case. Once the case was reassigned, Defendant moved for reconsideration. The second district judge granted Defendant's motion to exclude Plaintiff's expert witness. The court then entered summary judgment for Defendant, concluding that without the expert's testimony, Plaintiff had no case. Plaintiff brought this appeal to the Tenth Circuit, arguing that the district court erred by excluding the testimony of his expert. Upon review, the Tenth Circuit affirmed the district court's order excluding the testimony, but reversed the order granting summary judgment. The Court remanded the case for further proceedings.

Shortly after Plaintiff Mark Rimbert's father began taking Prozac, he killed his wife and himself. Plaintiff brought a wrongful death action against Defendant Eli Lilly, the manufacturer of Prozac. Defendant moved for summary judgment on various grounds and to exclude the testimony of Plaintiff's sole expert witness on the question of causation. The motions were denied by the district judge initially assigned the case. Once the case was reassigned, Defendant moved for reconsideration. The second district judge granted Defendant's motion to exclude Plaintiff's expert witness. The court then entered summary judgment for Defendant, concluding that without the expert's testimony, Plaintiff had no case. Plaintiff brought this appeal to the Tenth Circuit, arguing that the district court erred by excluding the testimony of his expert. Upon review, the Tenth Circuit affirmed the district court's order excluding the testimony, but reversed the order granting summary judgment. The Court remanded the case for further proceedings. View "Rimbert v. Eli Lilly & Co." on Justia Law