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Mealey's PI/Product Liability - Alabama Supreme Court Reverses Summary Judgment In Medical Malpractice Suit

MONTGOMERY, Ala. - The Alabama Supreme Court on Feb. 17 reversed summary judgment in favor of a chiropractor and the clinic he owns after finding that a woman who claimed that she got blisters after being treated did not need to present an expert witness to determine whether the chiropractor breached...

Mealey's PI/Product Liability - Sorin Opposes MDL For Cases For Blood Temperature Device; Hearing March 30

WASHINGTON, D.C. - The manufacturer of a surgical blood temperature device on Feb. 17 opposed centralization of 15 federal lawsuits alleging intraoperative infections because there are too few cases and too few common issues of fact (In Re: Sorin 3T Heater-Cooler System Products Liability Litigation...

Mealey's PI/Product Liability - Pella Says Plaintiffs' Arguments For Reconsideration Have Already Been Rejected

CHARLESTON, S.C. - Pella Corp. says in an opposition brief filed Feb. 16 that a federal judge in South Carolina should not reconsider his Dec. 12 ruling that plaintiffs' experts' opinions about defects in the company's Architect and Designer Series windows are unreliable because the plaintiffs'...

Mealey's PI/Product Liability - 6th Circuit Backs Trial Court Preemption Ruling In Depakote Birth Defect Case

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Feb. 21 affirmed a preemption ruling in a Depakote birth defect case and said the trial judge did not err in limiting plaintiff experts' testimony or failing to give the jury her proposed instructions about warnings (Pamela Rheinfrank, et al...

Mealey's PI/Product Liability - Couple Cannot Pursue Personal Injury Claims From Spray Foam Fumes, Judge Rules

NEW HAVEN, Conn. - A federal judge in Connecticut on Feb. 17 held that a couple could pursue claims that allegedly improper installation of spray polyurethane foam (SPF) insulation in their home resulted in property damage requiring remediation but that they failed to provide causation evidence to show...

Mealey's PI/Product Liability - Boston Scientific Settles With 1 Plaintiff In $26.74M Pelvic Mesh Bellwether Trial

ATLANTA - One of four plaintiffs who won a $26.74 million pelvic mesh verdict against Boston Scientific Corp. has settled with the defendant, defense counsel told the 11th Circuit U.S. Court of Appeals on Feb. 21 (Amal Eghnayem, et al. v. Boston Scientific Corporation, No. 16-11818-H, 11th Cir.).

Mealey's PI/Product Liability - New York Appellate Panel Upholds Order Denying Judgment To Doctor, Hospital

NEW YORK - In a divided opinion, a New York appellate panel on Feb. 21 affirmed a trial court order denying motions for summary judgment filed by a doctor and a hospital in a medical malpractice suit because summary judgment is not proper when two sets of experts have differing opinions (Marino Servino...

Mealey's PI/Product Liability - Evidence Falls Short In Case Against Auto Maker, Magistrate Judge Says

WILMINGTON, Del. - Testimony that a man worked with gaskets during an engine overhaul lacks any reference to who manufactured the gaskets or whether they contained asbestos, a federal magistrate judge in Delaware held Feb. 16 in recommending summary judgment based on the lack of triable issues (In re...

Mealey's PI/Product Liability - Jurisdictional Discovery, More Specific Allegations Required, Judge Says

NEW ORLEANS - Plaintiffs in an asbestos exposure case are entitled to further discovery in an attempt to muster the difficult support they need to overcome jurisdictional issues against one defendant and must amend their complaint to allege more specifics against a second company, a federal judge in...

Mealey's PI/Product Liability - Monsanto Denies Wrongdoing In Cancer Claim Related To Glyphosate Exposure

SAN FRANCISCO - Monsanto Co. on Feb. 21 filed an answer in California federal court, arguing that the personal injury case brought against it related to glyphosate, the active ingredient in the herbicide Roundup, contending that the allegations against the company are "vague and conclusory and comprise...

Mealey's PI/Product Liability - U.S. Supreme Court Won't Hear Avandia Common Benefit Fee Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied review of a circuit court ruling that a plaintiffs law firm is obligated to pay a 7 percent common benefit fee from the settlement of its state court multiplaintiff lawsuit to attorneys who ran a federal multidistrict litigation (Law Offices...

Mealey's PI/Product Liability - 9th Circuit Stays Cymbalta Class Withdrawal Appeal Pending Supreme Court Case

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 21 stayed an appeal in a Cymbalta withdrawal class action pending a U.S. Supreme Court ruling in a case with a similar issue (Melissa Strafford, et al. v. Eli Lilly and Company, No. 15-56808, 9th Cir.).

Mealey's PI/Product Liability - Judge Dismisses Proposed Class Action Suit Over Faulty Air Conditioning Coils

AUGUSTA, Ga. - A federal judge in Georgia on Feb. 22 dismissed without prejudice a proposed class action suit accusing Daikin Industries Ltd. (DIL), Daikin Applied Americas Inc. (DAA) and Daikin North Americas LLC (DNA) of making and selling air conditioning units with faulty evaporator coils, ruling...

Mealey's PI/Product Liability - 6 Claims Survive In Whole Or In Part In 5 Federal Cases Involving Essure Device

PHILADELPHIA - All or parts of six claims involving the Essure birth control device on Feb. 21 survived dismissal the second time around while defendant Bayer Corp. picked up dismissals of other counts or parts of them (Helen McLaughlin v. Bayer Corporation, et al., No. 14-7315, Ruth Ruble v. Bayer Corporation...

Mealey's PI/Product Liability - Federal Murder Trial In NECC Fungal Meningitis Trial Passes 1-Month Mark

BOSTON - The federal murder trial of the former president and chief pharmacist of the New England Compounding Center (NECC) on Feb. 21 passed its 30th day of testimony on Nov. 21 with the government presenting its 33rd witness (United States of America v. Barry J. Cadden, et al., No. 14-10363, D. Mass...

Mealey's PI/Product Liability - Louisiana Appeals Court: Family's Claims Perempted By New Home Warranty Act

BATON ROUGE, La. - A Louisiana appeals panel on Feb. 17 affirmed rulings awarding summary judgment to a home builder and its insurer, finding that a family's allegations that defective workmanship caused a fire that destroyed the home were perempted by the New Home Warranty Act (NHWA) (James E. Shields...

Mealey's PI/Product Liability - Boston Scientific Recalls All Lotus Valve Heart Devices Due To Premature Release

MARLBOROUGH, Mass. - Boston Scientific Corp. on Feb. 23 announced that it has voluntarily recalled all of its Lotus Valve devices, including the Lotus with Depth Guard, from global commercial and clinical sites due to reports of premature release of a pin connecting the valve to its delivery system.

Mealey's PI/Product Liability - Judge Refuses To Strike Punitive Damages Claim Related To Ladder Collapse

SAN FRANCISCO - A California federal judge on Feb. 21 refused to strike a claim for punitive damages asserted by the purchaser of an extension ladder who alleges that he fell and suffered serious injuries after it collapsed (William Evans v. Home Depot U.S.A. Inc., et al., No. 16-cv-07191, N.D. Calif...

Mealey's PI/Product Liability - Georgia Jury Awards $45.8 Million To Plaintiff In Medical Malpractice Suit

ATLANTA - A Georgia jury on Feb. 22 awarded $45.8 million to a woman and her family after finding that two doctors and the hospital where she gave birth were responsible for her brain damage, which left her completely disabled (Keith Traube v. Atlanta Women's Specialist, et al., No. 14-EV-001821...

Mealey's PI/Product Liability - Magistrate Judge Largely Limits Discovery Requests In Ford Asbestos Case

BALTIMORE - While Ford Motor Co. must respond to discovery requests in an asbestos action, the plaintiffs' requests are overly broad and the company's responses can be limited to the vehicles and times in question, a federal magistrate judge in Maryland said Feb. 21 (Helen Thomas Fish, et al...

Mealey's PI/Product Liability - Wrongful Death Act Requires Couple Be Married At Time Of Injury, Court Says

WEST PALM BEACH, Fla. - The state's Wrongful Death Act does not permit a widow's wrongful death loss of consortium claim arising from asbestos exposure occurring before the couple's marriage, a divided Florida court held Feb. 22 (Janis Kelly, et al. v. Georgia-Pacific LLC, et al., No. 4D15...

Mealey's PI/Product Liability - DaVita Reports Deferred Prosecution, $18M Settlement With U.S. Attorney Office

DENVER - Kidney dialysis provider DaVita Inc. on Feb. 24 disclosed that in January, it entered into a deferred prosecution agreement and $18 million settlement with the U.S. attorney for the Western District of North Carolina related to quality and manufacturing procedures at its North Cove, N.C., facility...

Mealey's PI/Product Liability - Contractor Not Required To Prove Negligence, Causation For Indemnification

PHOENIX - An Arizona appeals panel on Feb. 23 affirmed a trial court's judgment requiring a grading subcontractor to indemnify a general contractor for construction defects, ruling that the general contractor was not required to prove negligence or causation to support its request (Amberwood Development...

Mealey's PI/Product Liability - Federal Judge Dismisses Medical Malpractice Suit Against United States

DURHAM, N.C. - A federal judge in North Carolina on Feb. 23 dismissed with prejudice claims against the United States brought by a woman who sued on behalf of her deceased husband claiming that the Department of Veterans Affairs was negligent in caring for him following heart surgery, which led to his...

Mealey's PI/Product Liability - 9th Circuit Revives Only Premises Asbestos Claim Against Aircraft Company

SAN FRANCISCO - Plaintiffs' premises liability allegations in an action against aircraft company are sufficiently detailed to permit the claims to go forward, but strict liability and negligence claims lack supporting evidence regarding the products in question or are barred by law, a Ninth Circuit...