Justia Products Liability Opinion Summaries

In a products liability matter, the issue before the Supreme Court was whether under Pennsylvania law a pharmaceutical company was immune from responding in damages for a lack of due care resulting in injury or death except for two discrete grounds: drug impurities or deficient warnings. Appellee made her primary claim against the makers of "phen-fen" as one of "negligence - unreasonable marketing of a dangerous rug and unreasonable failure to remove the drug from the market before 1997." The manufacturer moved for summary judgment, arguing that the appellee failed to assert a cognizable cause of action. The court of common please granted the company's motion. The Superior Court reversed, and both parties appealed, challenging respectively the Superior Court's holdings that pharmaceutical companies were not immune from claims of negligent drug design, and that claims of negligent marketing, testing, and failure of remove the drugs from the market were unviable claims. The Supreme Court affirmed in part, reversed in part, and remanded for further proceedings: "there has been no supported presentation here which would persuade us to immunize companies from the responsibility to respond in damages for such a lack of due care resulting in personal injury or death." View "Lance v. Wyeth" on Justia Law

Mylan manufactures generic Duragesic, a drug to treat pain. It consists of fentanyl (active ingredient) and a “transdermal system” (patch that delivers the drug). Kelly’s estate claimed that the patch caused Kelly’s death by delivering an excessive amount of fentanyl, alleging strict products liability, negligence, misrepresentation, fraud, warranty, and violation of the Michigan Consumer Protection Act. The district court dismissed, based on Mich. Comp. Laws 600.2946(5), which provides that “drug” manufacturers are immune from suit. The Sixth Circuit reversed and remanded. Michigan defines “drug” using the federal definition, 21 U.S.C. 321: (A) articles recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any article specified in clause (A), (B), or (C). Michigan’s definition provides that a “drug” is not a “medical appliance or device.” Immunity might not apply to a product, like the patch, that has mechanical (rather than chemical) effect on the body. Under the federal definition a product might be neither “drug” nor “device” but a “combination product.” Whether a combination product is regulated as a drug or a device is left to the Secretary’s discretion. View "Miller v. Mylan, Inc." on Justia Law

Plaintiffs Bre’Annah Banks, Ladarius Harp, Kimberly Norris, Zerlanzeia Lambouths, and Lakedrick Reed filed suit against the Sherwin-Williams Company claiming products liability and negligence. After both sides elicited evidence from lay and expert witnesses supporting their arguments, the trial court entered an order granting summary judgment for Sherwin-Williams based on the plaintiffs’ failure to establish product identification, an essential element of their claim. Upon review of the matter, the Supreme Court held that, under the applicable standard for the consideration of summary judgment, the plaintiffs presented enough evidence to create an issue of material fact as to whether the paint in question came from Sherwin-Williams. Accordingly, the judgment was reversed and the case remanded for further proceedings. View "Banks v. Sherwin-Williams Company" on Justia Law

This was the third appeal the Supreme Court decided arising out of litigation over a defective combine Edward J. Johnson Jr. purchased from Parker Tractor & Implement Co., Inc. in 1994. This case was a direct appeal from the Circuit Court’s dismissal of a garnishment action as time-barred by the seven-year limitations period. Finding no reversible error, the Supreme Court affirmed the circuit court. View "Johnson, Jr. v. Parker Tractor & Implement Company, Inc." on Justia Law

Plaintiff filed suit against Novartis alleging that Novartis negligently failed to provide adequate warnings for two drugs she took, Aredia and Zometa, after having two of her teeth extracted. Plaintiff developed osteonecrosis of the jaw (ONJ) after the extraction. Plaintiff was awarded $225,000 in compensatory damages and Novartis appealed. The court concluded that a jury could reasonably find that plaintiff's injury was the natural and probable consequence of Novartis's behavior and rejected Novartis's arguement that plaintiff did not establish that her injuries were proximately caused by inadequate warnings; the district court did not err in applying Missouri law where Missouri had the most significant relationship to the punitive damages claim; and Novartis correctly reasoned that the MedWatch checkmarks were inadmissible hearsay, out-of-court assertions offered for their truth but Novartis failed to demonstrate the prejudice required for a new trial. The court concluded, however, that the district court abused its discretion in awarding plaintiff full costs for depositions conducted as part of multi-district litigation. Accordingly, the court affirmed in Case No. 12-3121 and vacated in Case No. 12-3409. View "Winter v. Novartis Pharmaceuticals Corp." on Justia Law

OMJP appealed from the district court's denial of its motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(2) and (3). In Levaquin I, the court upheld a jury award in compensatory damages against OMJP for Achilles tendon injuries plaintiff suffered while taking OMJP's prescription antibiotic Levaquin. In this appeal, OMJP contended that the district court abused its discretion in denying OMJP relief under Rule (60)(b)(2) based on the delinquent and belated disclosure of an expert's calculation regarding the relative risk of Achilles tendon rupture to certain patients. The court concluded that the district court did not abuse its discretion in denying relief based on OMJP's claim of "newly discovered evidence" where the evidence was merely cumulative or impeaching and OMJP had not demonstrated that it was probable it would produce a different result. In regards to OMJP's misconduct claim under Rule 60(b)(3), the court concluded that the district court did not abuse its discretion in finding that the lack of the expert's calculation did not prevent OMJP from mounting a vigorous defense and that any misconduct did not warrant a new trial. Accordingly, the court affirmed the judgment of the district court. View "Schedin v. Ortho-McNeil-Janssen Pharmaceuticals" on Justia Law

Cavalier Manufacturing, Inc. appealed a circuit court order that denied its motion to alter, amend, or vacate an arbitration award entered in favor of Janie Gant. Gant purchased a mobile home manufactured by Cavalier from Demopolis Home Center, L.L.C. ("DHC"). At the time of purchase, Gant and representatives of Cavalier and DHC executed an alternative-dispute-resolution agreement in which they agreed to arbitrate any disputes that might arise among them stemming from Gant's purchase of the mobile home. The mobile home was also covered by a manufacturer's warranty issued by Cavalier that likewise contained a provision requiring arbitration of any disputes that might arise between her and Cavalier relating to the mobile home. Gant was not satisfied with the manner in which DHC delivered and installed the mobile home on her property. Eventually Gant sued, and the matter was submitted to arbitration. The arbitrator awarded Gant $45,550 on her breach-of-express-warranty claim, plus an additional sum to be determined for attorney fees. Cavalier argued on appeal that the trial court erred by confirming the arbitration award in favor of Gant. Finding no error, the Supreme Court affirmed. View "Cavalier Manufacturing, Inc. v. Gant " on Justia Law

The plaintiffs allege that they ingested metoclopramide, the generic equivalent of the prescription drug Reglan, and, as a result, developed a serious neurological disorder, tardive dyskinesia. The labeling for the drugs recommends short-term use for heartburn and acute and recurrent bloating: up to 12 weeks in adults for heartburn. Reglan and metoclopramide have not been shown to be either efficacious or safe for long-term treatment; the drugs affect the brain’s movement center, typically causing involuntary, repetitive movements. Overuse can result in symptoms including tardive dyskinesia, dystonia, and akathisia, Parkinsonism, and Reglan-induced tremors. Reglan and metoclopramide have also been associated with central nervous system disorders, depression with suicidal ideation, visual disturbances, and other problems. The plaintiffs sued both the generic and brand-name manufacturers, alleging various product-liability claims. The district court dismissed, finding the metoclopramide claims preempted by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301-399f, and that the brand-name manufacturers are not liable because none of the plaintiffs ingested Reglan. The Sixth Circuit affirmed and denied the plaintiffs’ motion to certify a proposed question to the Tennessee Supreme Court. View "Speed v. Wyeth Pharm., Inc." on Justia Law

Plaintiff filed a products liability action against TI after her son died from cardiac arrest when he was struck by a taser. A jury found in favor of plaintiff, awarding her $10 million in compensatory damages, which the district court remitted to about $6.15 million before deducting certain offset amounts received by plaintiff, resulting in a final award of about $5.5 million. TI appealed. The court held that the district court did not err in entering judgment in favor of plaintiff on the liability aspect of the negligence claim in accordance with the jury's verdict. However, the damages award was not supported by the evidence and the court remanded on that issue. Therefore, the court affirmed the district court's judgment in part, vacated in part, and remanded for further proceedings. View "Fontenot v. Taser Int'l, Inc." on Justia Law

Plaintiffs, Nelson and Elaine Cruz, filed a complaint against the car dealership where Nelson purchased his vehicle (Ricky Smith), alleging that while Nelson was cleaning the inside of his minivan, both front airbags unexpectedly deployed, injuring him. Plaintiffs' complaint alleged negligence, strict products liability, negligent misrepresentation, and res ipsa loquitur. In addition, Elaine sought damages for loss of consortium. The trial justice granted Ricky Smith's motion for summary judgment on all counts. The Supreme Court affirmed, holding that the hearing justice properly granted summary judgment in Ricky Smith's favor on Nelson's claims of negligence and misrepresentation, and consequently, Elaine was barred from recovering damages for loss of consortium. View "Cruz v. DaimlerChrysler Motors Corp." on Justia Law