Mealey's PI/Product Liability - California Woman Alleges Meningitis Resulted From Infected Caramel Apple

SACRAMENTO, Calif. - A California woman filed suit in California state court on Jan. 13, alleging that she developed spinal meningitis after consuming a prepackaged caramel apple infected with Listeria monocytogenes (Darlene Vouri, et al. v. Bidart Brothers Apple Packing, et al., No. N/A, Calif. Super...

Mealey's PI/Product Liability - Texas Court Hears Arguments In Contemporaneous Negligence Asbestos Case

DALLAS - The Texas Supreme Court heard oral argument Jan. 14 over whether the state's law permits a $2.64 million award to a contractor allegedly exposed to asbestos by a premises owner's contemporaneous acts (Magdalena Adrienna Abutahoun, et al. v. The Dow Chemical Co., No. 13-0175, Texas Sup...

Mealey's PI/Product Liability - MDL Judge Says Pain Clinic, Doctor May Be Liable For Contaminated Drug

BOSTON - The Massachusetts federal judge overseeing the fungal meningitis multidistrict litigation on Jan. 13 said that an Illinois pain clinic and its doctor could be liable for injecting patients with a compounded steroid that was contaminated (In Re: New England Compounding Pharmacy, Inc., Products...

Mealey's PI/Product Liability - N.J. Federal Judge Dismisses Football Helmet Complaint, Grants Leave To Amend

CAMDEN, N.J. - A class complaint alleging that Riddell Inc. falsely markets its Revolution-brand football helmet as safer than others on the market does not meet the specificity requirements of Federal Rule of Civil Procedure (FRCP) 9(b), a federal judge in New Jersey ruled Jan. 15 (In re Riddell Concussion...

Mealey's PI/Product Liability - Actos Bladder Cancer Trial Under Way In Pennsylvania State Court

PHILADELPHIA - An Actos bladder cancer trial got under way on Jan. 15 in Pennsylvania state court (John Kristufek v. Takeda Pharmaceuticals America, Inc., et al., No. 120702275, Pa. Comm. Pls., Philadelphia Co.).

Mealey's PI/Product Liability - Merchantable Evidence Lacking In Aredia Case, Summary Judgment Recommended

BIRMINGHAM, Ala. - An Alabama federal magistrate judge on Jan. 14 recommended that a court grant summary judgment in an Aredia jaw injury case, saying the plaintiff presented no evidence that the drug was not of a merchantable quality under Alabama law (Charles Collins v. Novartis Pharmaceuticals Corporation...

Mealey's PI/Product Liability - New Jersey Jury Adds $1M In Punitive Damages To $6.5M Asbestos Award

NEW BRUNSWICK, N.J. - A New Jersey jury on Jan. 14 added $1 million in punitive damages to a $6.5 million award it gave to a couple for the man's exposure to asbestos in the heating and cooling industry, sources told Mealey Publications (William and Debbie Condon v. Advanced Thermal Hydronics, et...

Mealey's PI/Product Liability - Federal Judge Allows Smoker's Widow To Present Indirect Evidence On Addiction

JACKSONVILLE, Fla. - The widow of a smoker who died of smoking-related diseases may not testify that her husband was addicted to cigarettes in the trial of a suit against R.J. Reynolds Tobacco Co., Philip Morris USA Inc. and Lorillard Tobacco Co., but may introduce indirect evidence of his addiction...

Mealey's PI/Product Liability - New Trial Denied In Bard Pelvic Mesh Bellwether Case; Punitive Damages Upheld

CHARLESTON, W.Va. - A West Virginia federal judge on Jan. 20 denied a new trial and challenges by both parties to a punitive damages award in the first bellwether trial involving an Avaulta pelvic mesh device made by C.R. Bard Inc. (Donna Cisson, et al. v. C.R. Bard, Inc., No. 11-195, S.D. W.Va.; 2015...

Mealey's PI/Product Liability - Connecticut Supreme Court Reverses Summary Judgment For Landlord In Premises Case

HARTFORD, Conn. - A trial judge improperly granted summary judgment for the owner of an apartment building in a suit brought on behalf of a 7-year-old girl who suffered serious injury when struck by a piece of concrete while playing on the building's premises, the Connecticut Supreme Court ruled...

Mealey's PI/Product Liability - California Panel Reverses Judgment For Home Builder Over Alleged Soil Defects

SAN FRANCISCO - A trial court judge in California erred when awarding judgment to a home builder on a woman's fraudulent concealment claim and finding that the woman lacked standing to sue, a state court appellate panel ruled Jan. 15 in reversing the rulings and reinstating the plaintiff's claims...

Mealey's PI/Product Liability - Risperdal Injury Trial Expected To Get Under Way In Philadelphia

PHILADELPHIA - Opening arguments are expected to begin Jan. 22 in a Risperdal injury case in Pennsylvania state court, a source told Mealey Publications (P.P., et al. v. Ortho-McNeil-Janssen Pharmaceuticals, Inc., et al., No. 120401997, Pa. Comm. Pls., Philadelphia Co.).

Mealey's PI/Product Liability - Justice Denies Reargument In Successor-Liability Case Arising From WTC Exposures

NEW YORK - The presence of other contractors at a worksite, an improperly submitted sur-reply and vague references to the sale of liabilities do not warrant reargument of a decision finding a company liable for asbestos exposures during construction of the World Trade Center (WTC), a New York justice...

Mealey's PI/Product Liability - Ford To Pennsylvania Top Court: Nearly $1M Verdict Built On 'Every Exposure' Theory

HARRISBURG, Pa. - Plaintiffs secured a nearly $1 million asbestos verdict through improper consolidation and the type of "every exposure" testimony rejected by Pennsylvania courts, Ford argues in a Jan. 20 brief to the state's top court (Richard Rost and Joyce Rost v. Ford Motor Co., No...

Mealey's PI/Product Liability - D.C. Federal Judge Unseals Ruling In Generic Drug Dispute

WASHINGTON, D.C. - On Jan. 20, a District of Columbia federal judge unsealed an 80-page Jan. 12 ruling that the U.S. Food and Drug Administration did not err in approving the gout drug Mitigare without a Hatch-Waxman Act Paragraph IV certification to various patents covering the drug Colcrys (Takeda...

Mealey's PI/Product Liability - Justice Finds Insufficient Evidence Contractor Controlled Worksite

NEW YORK - While a contractor retained the power to enlarge the work done at a worksite, it never exercised general control over the site or specified the manner of work, a New York justice held in an opinion posted Jan. 16 (Margaret Donovan, et al. v. ACF Industries LLC, et al., No. 190110/13, N.Y....

Mealey's PI/Product Liability - FDA Warns Against Using Bone Growth Factors In Patients Under 18

SILVER SPRING, Md. - The Food and Drug Administration on Jan. 21 issued a safety communication recommending against the use of bone growth factors in patients under 18 after reviewing reports of serious injuries such as excess bone growth, fluid accumulation, inhibited bone healing and swelling.

Mealey's PI/Product Liability - NHL Asks Minnesota Court To Compel Former Players To Answer Interrogatories

MINNEAPOLIS - The National Hockey League (NHL) asked the federal judge overseeing the NHL players concussion multidistrict litigation on Jan. 20 to compel the players to turn over a full list of health care professionals and to sign a medical records authorization form provided by the league (In re:...

Mealey's PI/Product Liability - Florida Jury Awards Smoker $17.2 Million For Vascular Disease, Leg Amputations

JACKSONVILLE, Fla. - A federal jury in Florida awarded $17,287,448 Jan. 21 to a woman who alleged that her 54 years of smoking caused her to develop peripheral vascular disease (PVD), which led to amputation of her legs (Donna Brown v. Philip Morris USA Inc., No. 3:09-10687, M.D. Fla.).

Mealey's PI/Product Liability - Virginia Jury Awards $2.5 Million For Fatal Lawn Mower Explosion

NORFOLK, Va. - A federal jury in Virginia awarded $2.5 million Jan. 22 to the widow of a man who was killed when a lawn mower manufactured by Ryobi Technologies Inc. exploded and caught fire (Stephen E. Bilenky, et al. v. Ryobi Technologies Inc., et al., No. 2:13cv345, E.D. Va.).

Mealey's PI/Product Liability - West Virginia Court Reinstates Workers' Comp Benefits In Asbestos Lung Cancer Case

CHARLESTON, W.Va. - Evidence that a man suffered occupational asbestos exposure and a workers' compensation court's ruling that it led to his lung cancer are sufficient grounds on which to award benefits to his widow, West Virginia's top court held Jan. 20 (Sadie Page, widow of John W. Page...

Mealey's PI/Product Liability - 9th Circuit Reverses, Remands Shoulder Pain Pump Defense Verdict

SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on Jan. 23 reversed a defense verdict and judgment in a shoulder pain pump case and remanded after finding that the plaintiffs' negligence per se claims were not preempted by federal law, as the trial court held (Christina McClellan...

Mealey's PI/Product Liability - Florida Jury Cites Lack Of Proof On Causation, Finds For Philip Morris

MIAMI - A state court jury returned a defense verdict on Jan. 23 in a suit alleging that a longtime smoker's laryngeal cancer was caused by his use of Marlboro cigarettes manufactured by Philip Morris USA Inc. (Jose Vila Jr. v. Philip Morris USA Inc., No. 2013-12833-CA, Fla. 11th Jud. Cir., Miami...

Mealey's PI/Product Liability - Opening Statements In Florida Negligence Suit Center On Corporation's Liability

WEST PALM BEACH, Fla. - The liability of a corporation that offers membership in a plan providing concierge medical care for negligence on the part of an affiliated doctor was the topic of opening statements Jan. 22 in a suit by the widower of a plan member who alleged that blood clot in her leg went...

Mealey's PI/Product Liability - Judge: Failure-To-Conform Exclusion Bars Coverage For Suits Over Energy Supplement

CENTRAL ISLIP, N.Y. - All of the injuries alleged in three underlying lawsuits arise out of a pre-workout energy supplement's failure to conform with an insured's statements and, therefore, coverage for the actions is barred by the policy's failure-to-conform exclusion, a New York federal...