Articles Posted in US Court of Appeals for the Seventh Circuit

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Testosterone replacement drugs have been FDA-approved prescription drugs for more than 60 years. In recent years, manufacturers have found a new market: older men. Numerous lawsuits were filed against manufacturers alleging that the drugs increase health risks. Cases alleging that the manufacturers failed to warn doctors and patients adequately about the risks, citing state product-liability laws, were consolidated for pretrial proceedings. The district court granted a motion to dismiss brought by Depo-T’s manufacturer, finding the failure-to-warn claims preempted by federal law. The court stated that DepoT’s manufacturers could not change their drug labels to add warnings because FDA regulations prohibit them from “making a unilateral labeling change.” The Seventh Circuit affirmed. In Wyeth v. Levine, the Supreme Court held that claims against a manufacturer of a brand-name prescription drug for failure to warn adequately of the drug’s dangers were not preempted by federal law.; in PLIVA v. Mensing, the Court held that such failure-to-warn claims against manufacturers of generic drugs are preempted. The Court cited the different regulatory requirements and processes for approving and labeling prescription drugs. Depo-T “does not fit neatly into the colloquial dichotomy between brand-name and generic drugs” so the Seventh Circuit focused on whether the FDA approved public sale of its drugs through the “new drug application” or through the “abbreviated new drug application” (ANDA) and stated that the FDA-approved label defines an ANDA holder’s duty of sameness and the lines of federal preemption. View "Guilbeau v. Pfizer Inc." on Justia Law

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Arun Gopalratnam purchased an HP laptop computer that contained a DynaPack battery pack with Samsung lithium-ion battery cells. Months later, the Menomonee Falls Fire Department responded to a major fire in a basement bedroom of the Gopalratnam’s home. After the fire was extinguished, firefighters discovered Arun deceased on the floor of the room. Am autopsy classified smoke inhalation as the cause of death, with no evidence of pre-fire injury or disease, and no drugs or alcohol in Arun’s system. Special Agent Martinez concluded that the fire originated in the basement bedroom where Arun’s body was located. Martinez excluded multiple potential sources of the blaze (electrical and gas meters, electrical distribution panels, gas-fueled furnaces, electrical plugs, light switch, and ceiling light fixture) but could not ascertain the fire’s ultimate cause. He did not eliminate a possible mattress fire. The remains of Arun’s HP laptop, cell phone, and the laptop battery cells, were in the debris. In the Gopalratnams’ suit, alleging negligence, strict products liability, and breach of warranty, the plaintiffs claimed that a defective battery cell in Arun’s laptop caused the fire. The district court granted motions to exclude plaintiffs’ expert witnesses on causation. The Seventh Circuit affirmed. The district court applied the proper legal standard: The admissibility of expert testimony is governed by Federal Rule of Evidence 702 and Daubert. The experts failed to account for other possible explanations. View "Gopalratnam v. ABC Insurance Co." on Justia Law

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Krik has lung cancer Krik smoked a pack and a half of cigarettes every day for 30 years. From 1954-1960 Krik also worked aboard navy vessels removing insulation produced by Owens‐Illinois, which he claimed exposed him to asbestos fibers. For two weeks, he worked as an independent contractor at Mobil’s Joliet refinery replacing heaters that Krik claimed were insulated with asbestos. In his suit against Owens and Mobil, a jury found that cigarettes were the sole cause of Krik’s cancer. The Seventh Circuit affirmed, upholding the district court's exclusion of testimony from Krik's expert concerning theories that any exposure to asbestos fibers whatsoever, regardless of the amount of fibers or length of exposure constitutes an underlying cause of injury to the exposed individual. The court also rejected a claim that he was denied a fair trial when Mobil, with the knowledge of Owens, hired a private investigator to secretly conduct an interview of a sitting juror’s acquaintance, to verify and investigate information revealed by the juror. Neither issue was prejudicial and denied Krik a fair trial. View "Krik v. Exxon Mobil Corp." on Justia Law

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While working on his employer’s roof, Cripe was exposed to fumes from PUR‐FECT LOK® 834A, a glue made by Henkel. and containing methylene diphenyl diisocyanate (MDI). Cripe claims that exposure to MDI caused him neurological and psychological problems, which could have been avoided by better warnings. The district court granted Henkel summary judgment, ruling that a toxic‐tort claim under Indiana law depends on expert proof of causation and that the Cripe had not produced such evidence. Cripe identified only one expert—Robinson, a specialist in the language of warnings, who disclaimed any opinion on causation. The Seventh Circuit affirmed. Cripe had not disclosed treating physicians as experts under FRCP 26(a)(2)(A). The fact that Robinson attached the physicians’ reports to her own did not indicate that they would function as experts. Rule 26(a)(2) requires more than disclosure of a potential expert’s name; documents attached to Robinson’s report did not contain any of the required information. Most of the physicians’ evaluations summarized Cripe’s symptoms and proposed treatment without discussing causation. None suggested a mechanism by which MDI would have caused the symptoms. By contrast, Henkel provided the district court with a comprehensive evaluation of MDI prepared by the World Health Organization. View "Cripe v. Henkel Corp." on Justia Law

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In 1952, the patent for a “Composite Fire Door,” issued to Owens‐Illinois. The patent claims never specifically mention asbestos, but describe a fire door with a “core of inorganic, rigid, fireproof, lightweight material of a substantially uniform apparent density and consistency throughout.” In 1956, Owens‐Illinois licensed the patent to Weyerhauser’s predecessor. Until 1978, its Marshfield, Wisconsin plant produced fire doors that used asbestos as a thermal insulator. The plaintiffs were all employees of that Marshfield plant and developed mesothelioma as a result of asbestos exposure. The Seventh Circuit affirmed the dismissal of their claims as covered by the exclusive remedy provisions of Wisconsin’s Worker’s Compensation Act, Wis. Stat. 102.03(2). The court rejected an attempt to avoid that bar by recharacterizing their injuries as occurring off the job based on a “public nuisance” theory involving ambient asbestos. The court characterized the claims against Owen‐Illinois claims as frivolous. View "Masephol v. Weyerhaeuser Co." on Justia Law