The U.S. Supreme Court recently considered an appeal of a products liability and wrongful death claim arising from alleged asbestos exposure in railroad equipment. The decedent worked in locomotive repair for decades and died of cancer years later. The defendants argued that the federal Locomotive Inspection Act (LIA) preempted the…
Articles Posted in Products Liability
Federal Circuit Court of Appeals Affirms Dismissal of Claim for Injury Benefits Under Vaccine Act
The estate of a woman who died from vaccine-related complications may recover death benefits, but not injury benefits, under the federal Vaccine Act, according to a ruling by the Federal Circuit Court of Appeals in Griglock v. Secretary of Health and Human Services. A Special Master found that the woman’s…
CPSC Imposes $1.5 Million Fine on Retailer Selling Children’s Clothing with Drawstrings
The U.S. Consumer Product Safety Commission (CPSC) announced that the retailer Burlington Coat Factory (BCF) has agreed to pay $1.5 million in civil penalties for violating regulations affecting children’s upper outerwear, such as jackets and sweaters. The CPSC regulates, and largely prohibits, the sale of children’s outerwear with drawstrings. This…
Proposed Unique Identifier System for Medical Devices Could Improve Patient Safety
A new rule proposed by the U.S. Food and Drug Administration (FDA) would require most medical devices in the country to include a unique device identifier (UDI). This is a unique code system assigned to medical devices that, according to the FDA, would allow the agency to track problems with…
Sewing Needles Found in Sandwiches in Airplane Meals, One Passenger Injured
A bizarre discovery in several airplane meals has left one person injured and launched a two-country investigation. Passengers on several Delta Airlines flights found sewing needles in sandwiches included with the in-flight meals. The flights all originated in Amsterdam and were bound for the United States. Police in both the…
“Failure to Warn” Claim Against Pharmaceutical Company Dismissed by Washington DC Judge
A federal district judge in Washington, DC has granted a pharmaceutical company’s motion for summary judgment in a lawsuit brought by a patient alleging the failure to warn of certain risks associated with the company’s drug. In Patteson, et al v. AstraZeneca, L.P., et al, the plaintiff allegedly suffered debilitating…
New National Safety Standards Issued for Children’s Play Yards
New safety standards set by the U.S. Consumer Product Safety Commission (CPSC) affecting “play yards,” portable playpens for infants and toddlers, will begin in December. Play yards are currently subject to voluntary safety standards, but the new standards will be mandatory for all manufacturers. During the four-year period ending in…
FDA Issues Warnings About Dog Treats Causing Illness
The U.S. Food and Drug Administration (FDA) has issued a series of warnings about dog treats imported from China. Complaints of illnesses began coming in to the FDA in November 2011. It has now received more than one thousand reports relating to imported “chicken jerky” products. The situation presents a…
CPSC Announces Nationwide Recall of Inflatable Pool Slides, Citing Danger of Sudden Deflation Causing Injury or Death
https://www.youtube.com/watch?v=mnoqiV2ysnkAn inflatable pool slide designed for use with in-ground pools is subject to a nationwide recall, according to a recent announcement by the U.S. Consumer Product Safety Commission (CPSC). The pool slide, described as a “Banzai in-ground pool water slide,” poses a risk of injury to users because of sudden…
Football Player Who Suffered Severe Head Injury Settles Lawsuit Against School District for $4.4 Million
A former high school football player, Scott Eveland of San Marcos, California, has settled his lawsuit with the school district over a head injury he sustained in a 2007 game. The injury has left him confined to a wheelchair, able to speak only through the use of an iPad or…