Justia Products Liability Opinion Summaries

Estrada filed a purported class action on behalf of: “All persons who purchased [Johnson & Johnson] Baby Powder in California and states with laws that do not conflict with the laws asserted here.” The district court dismissed for lack of standing. The Third Circuit affirmed, stating that a plaintiff—who has entirely consumed a product that has functioned for her as expected— has not suffered an economic injury solely because she now sincerely wishes that she had not purchased that product. Buyer’s remorse, without more, is not a cognizable injury under Article III. The court noted that Estrada did not allege that a product has caused her physical injury, nor does she allege even an increased risk of developing cancer; she makes no claim of emotional injury, nor did she describe a defective product. She bought the product regularly for decades and completely consumed what she purchased. Her theory of recovery is simply that she suffered an economic injury by purchasing improperly marketed Baby Powder and that, had she been properly informed that using Baby Powder could lead to an increased risk of developing ovarian cancer, she would not have purchased it. View "Estrada v. Johnson & Johnson" on Justia Law

The widows of deceased husbands who served in the U.S. Navy alleged that their husbands contracted cancer caused by exposure to asbestos-containing insulation and components that were added onto ship’s engines, pumps, boilers, blowers, generators, switchboards, steam traps, and other devices. The manufacturer-defendants each made their products “bare metal.” If they manufactured an engine, they shipped it without any asbestos-containing insulation materials that would later be added. Following a remand, the district court applied the bright-line rule version of the bare-metal defense and clarified that summary judgment had been entered in favor of the manufacturers on both the strict liability and negligence claims. The court reasoned that the rule approach was best because maritime law favors uniformity. The Third Circuit vacated, stating that it surveyed “bedrock principles of maritime law” and concluded that they permit a manufacturer of even a bare-metal product to be held liable for asbestos-related injuries when circumstances indicate the injury was a reasonably foreseeable result of the manufacturer’s actions, at least in the context of a negligence claim. The court affirmed summary judgment on the product liability claims. View "In re: Asbestos Products Liability Litigation" on Justia Law

In multi-district litigation involving 315 product liability claims, plaintiffs alleged that Pfizer’s drug, Zoloft, a selective serotonin reuptake inhibitor (SSRI), caused cardiac birth defects. The Plaintiffs’ Steering Committee introduced several experts to establish causation. The testimony of each of these experts was excluded in whole or in part. In particular, Nicholas Jewell, Ph.D., a statistician, used the “Bradford Hill” criteria to analyze existing literature on the causal connection between Zoloft and birth defects. The district court conducted a Daubert hearing, excluded Jewell's testimony, and granted summary judgment to defendants, stating that Jewell: “failed to consistently apply the scientific methods he articulates, has deviated from or downplayed certain well-established principles of his field, and has inconsistently applied methods and standards to the data so as to support his a priori opinion.” The Third Circuit affirmed, holding that the district court did not require replication of significant results to establish reliability, but merely made a factual finding that teratologists generally require replication of significant results, and this factual finding did not prevent it from considering other evidence of reliability. View "In Re: Zoloft t (Sertraline Hydrochloride) Products Liability Litigation" on Justia Law