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6th Circuit Reverses Preemption-Based Dismissal Of Diet Drug Negligence Claims

CINCINNATI - (Mealey's) Citing the Supreme Court's rejection of implied preemption of pharmaceutical product liability in Wyeth v. Diana Levine (No. 06-1249, U.S. Sup.; 2009 U.S. LEXIS 1774), the Sixth Circuit U.S. Court of Appeals on Aug. 18 reversed a trial court's dismissal of claims based...

James C. Moore On Bacardi 151 Rum: An Inherently Dangerous Product?

By James C. Moore In Sclafani v. Brother Jimmy's BBQ, Inc., et al. , the New York Supreme Court addressed two fundamental questions: (i) is Bacardi 151 Rum defectively designed because it is highly flammable and (ii) is the removal of the safety device from the bottle an unforeseeable, post-manufacturer...

Pennsylvania Court Partly Reverses Preemption In Thimerosal Injury Case

HARRISBURG, Pa. - (Mealey's) The Pennsylvania Superior Court on Jan. 11 partly reversed preemption summary judgment in a thimerosal vaccine injury case, saying the trial court needs to conduct a case-by-case inquiry of the side effects of the vaccines involved ( Jacqueline Wright, et al. v. Aventis...

California Jury Rules For Defense In Benzene Wrongful Death Case

LOS ANGELES -- A California Superior Court jury on Feb. 10 returned a verdict for the defense in a suit alleging that exposure to solvents including benzene caused a Los Angeles-area worker's death of acute myelogenous leukemia (AML), saying that the exposure was not a substantial factor in the man's...

Free Download: Keller & Heckman Litigation Alert: Supreme Court Rules National Childhood Vaccine Injury Act Of 1986 Bars State-Law Design-Defect Claims Against Vaccine Manufacturers

On February 22, 2011, the United States Supreme Court held that the National Childhood Vaccine Injury Act of 1986 (NCIVIA or Act) bars state-law design-defect claims against vaccine manufacturers. The Bruesewitz family sued Wyeth, then the parent company of the maker of the diphtheria, tetanus, and pertussis...

U.S. Supreme Court: Locomotive Act Preempts State Law Asbestos Claims

WASHINGTON, D.C. - (Mealey's) The Locomotive Inspection Act (LIA) preempts state law design defect and failure-to-warn claims involving exposure to asbestos during repairs and maintenance, a divided U.S. Supreme Court held Feb. 29 ( Gloria Gail Kurns, et al. v. Railroad Friction Products Corp. and...

Challenging Plaintiff's Proof Of Reasonable Alternative Design

By William A. Ruskin In the majority of jurisdictions, to establish a claim for design defect in a product liability action, the plaintiff must present some proof of a "feasible alternative design" or "reasonable alternative design." In an article published in the IADC Product...

1st Circuit: $21 Million Design Defect Verdict For Generic Drug Injury Not Preempted

BOSTON - (Mealey's) A panel of the First Circuit U.S. Court of Appeals on May 2 affirmed a $21 million generic drug injury verdict, finding that a 2011 Supreme Court ruling about generic drug injury claims does not preempt design defect claims ( Karen L. Bartlett v. Mutual Pharmaceutical Company...

Connecticut Federal Jury Finds Warning Adequate In Prempro Wrongful Death Suit

BRIDGEPORT, Conn. - (Mealey's) Wyeth is not liable for the breast cancer death of a woman who took the company's hormone therapy drugs Premarin and Prempro, a Connecticut federal jury said May 30, finding that the drugs' labeling contained adequate warning of the drugs' health risks ...

Vaccine Design Defect, Warning Claims By Parents Are Preempted, 9th Circuit Says

SAN FRANCISCO - (Mealey's) The Ninth Circuit U.S. Court of Appeals on Sept. 25 said design defect and failure-to-warn claims filed by the parents of a child who died after getting vaccinated are preempted by the federal vaccine law, but noted that parents may pursue some state law claims on their...

U.S. High Court Allows Solicitor General To Argue For Drug Design Defect Preemption

WASHINGTON, D.C. - (Mealey's) The U.S. solicitor general will be allowed to argue March 19 that design defect claims involving generic drugs are preempted by federal law, the U.S. Supreme Court decided March 4 in granting the federal government's motion to participate in oral arguments ( Mutual...

Supreme Court Questions If New Hampshire Law Escapes Preemption Of Drug Claims

WASHINGTON, D.C. - (Mealey's) Several U.S. Supreme Court justices on March 19 questioned whether New Hampshire law allows a design defect claim against a generic drug manufacturer that escapes preemption under the high court's two drug preemption rulings ( Mutual Pharmaceutical Company, Inc....

Supreme Court Says State Law Design Defect Claim For Generic Drug Is Preempted

WASHINGTON, D.C. - (Mealey's) In a 5-4 decision, the U.S. Supreme Court on June 24 ruled that state law design defect claims that turn on the adequacy of a drug's warning are preempted by federal law ( Mutual Pharmaceutical Company, Inc. v. Karen L. Bartlett , No. 12-142, U.S. Sup.). [lexis.com...