Tag Archives: Product Liability

E-cigarette explosions are resulting in lawsuits

Electronic cigarettes are ubiquitous in most NYC delis and are quite popular in the metropolitan area. However, there can be a danger and it has nothing to do with the smoke. they can explode. Just this year, exploding electronic have resulted in three recent lawsuits on California this year alone. The U. S. Fire Administration description of E-cigarettes The e-cigarette, also called a personal vaporizer (PV) Read More →

Tort reform, GM and McDonalds

When tort reform advocates want to show how the legal system is overrun with frivolous lawsuits, they trot out the infamous McDonald’s hot coffee incident. They use this case as the poster child for tort reform. But was it as frivolous as they claim? The story goes as follows: In 1992, a 79-year-old woman from Albuquerque, New Mexico ordered a cup of coffee from the Read More →

3D Printers raise interesting liability issues

3D printers have finally become affordable to many consumers. With 3D printiing a user can print out actual products like clothing and guitars. But if there is some defect in the product you just printed and you get injured, who do you sue? Nora Freeman Engstrom, associate professor at Stanford University.tackled this question in an essay in the University of Pennsylvania Law Review This analysis Read More →

Company not liable for asbesto related cancer

The Appellate Division, First Department ruled Tuesday that a plaintiff’s asbestos related cancer was not the fault of the manufacturer. In 2013, 53 year-old Brian Hockler, a scrap metal salvager was diagnosed with mesothelioma, a cancer caused by exposure to asbestos. He sued the William Powell company for product liability. The unanimous ruling said scavenging scrap metal was “not a foreseeable use” and denied his claim. The Read More →

Medical Device company Medtronic has poor track record

Earlier this month medical device maker Medtronic settled a lawsuit with the federal government for $4.54 million dollars. The company was accused of violating The False Claims Act when it deliberately violated U.S. law requiring that devices sold to the military be manufactured in the U.S. or one of its trading partners. Medtronic allegedly imported spinal surgery devices from China and relabeled them as Manufactured in Memphis, Read More →

Fiat/Chrysler hit for$150 million in wrongful death case

Fiat/Chrysler has been ordered to pay a Georgia family $120 million plus, $30 million for pain and suffering after losing a wrongful death lawsuit for a rear-end car crash the killed 4 year-old Remington Walden. A jury found the company acted with “reckless and wanton disregard”in the death of death of Walden. They found that the company failed to warn customers that the gas tank’s position in the Read More →

Product liability bills introduced in Senate and House

Connecticut Senator Richard Blumenthal and New York Congressman Jerrold Nadler have introduced bills designed to prohibit secret settlements in product liability cases. Both bills are titled The Sunshine in Litigation Act of 2014.  In addition, Blumenthal introduced two other bills,  The Hide No Harm Act and  The Automaker Accountability Act. The Sunshine Act would, according to the New York Times, require federal judges to consider Read More →

Study: One-third of knee replacements not necessary

Researchers at Virginia Commonwealth University did study of 4,800 people in the U.S. with knee osteoarthritis or those at high risk of the condition.  They found that at least one-third of knee replacement surgeries may not be inappropriate. The lead researcher on the study, Daniel L. Riddle told Reuters, “We found that some patients undergo total knee replacement when they have very low grade symptoms or minor knee arthritis.” Read More →

NJ woman awarded $1.58 Million in Accutane trial

A jury awarded a New Jersey woman, Kamie Kendall Rees $1.58 million dollars after concluding that manufacturer Hoffman-La Roche failed to sufficiently warn consumers that its acne medication could cause ulcerative colitis. The award came as a result of a retrial. In the original trial, Rees was awarded a  $13.6 million judgment, but that judgment was vacated by Judge Carol Higbee due to the fact the Read More →

What 3D printing means for product liability lawsuits

3D printers have finally become affordable to many consumers. With 3D printiing a user can print out actual products like clothing and guitars. But if there is some defect in the product you just printed and you get injured, who do you sue? Nora Freeman Engstrom, associate professor at Stanford University.tackled this question in an essay in the University of Pennsylvania Law Review This analysis Read More →