Topic
design defect
142 published works
Clinical Robotics Law Journal
Defeat Design Defect Claims Before They’re Filed
During product development, it’s not unusual to discover certain failure points in a surgical robot’s design. For example, certain components, like nuts or bolts or screws, may become brittle when…
Drug & Device Law
Design Defect Claim Dismissed in W.D.N.Y. Fosamax Case
We write today from a room in a rehabilitation facility, where we just shared the Drug and Device Law Dowager Countess’s lunch. The Countess, nearly 88, plunged down a flight…
Drug & Device Law
S.D. Texas Dismisses Consortium Claim for Pre-Marital Injuries
Back by popular demand, here is the mesh case of the week: Clowe v. Ethicon, Inc., 2022 U.S. Dist. LEXIS 46387 (N.D. Texas March 16, 2022). There is a bit…
Drug & Device Law
More on a Great D.N.J. Decision Dismissing Two Plaintiffs’ Hernia Mesh Claims
We have promised ourselves that we will stream this week’s “This Is Us” episode when we finish this blog post. We love this series beyond reason, and we dread its…
Drug & Device Law
MDL Court: Pre-Approval Design-Defect Claim Not Preempted
In a ruling that is contrary to Supreme Court precedent, the district court presiding over the Zostavax MDL recently held that federal law does not preempt a state-law design-defect claim…
BuildSmart
Out with <i>Lonergan</i>, In with <i>Spearin</i>: Texas Legislature Provides Contractors with Limited Protection for Defective Plans and Designs
As of September 1, 2021, in a change to Texas caselaw that had been in place for over a century, Texas contractors now have protection in certain circumstances from liability…
Drug & Device Law
Great Design Defect and Warnings Causation Rulings from Hip Implant MDL
We write this as we prepare to leave for an overseas trip. We have our N95s, our face shields, and our vaccine card, along with a bit of apprehension and…
Drug & Device Law
Defendant Wins Summary Judgment Battle in Louisiana
We’ve used the term one-two punch to refer to a couple different situations – Daubert wins followed by the grant of summary judgment; Mensing preemption for generic manufacturers and no…
Drug & Device Law
Lots of Good in Motion in Limine Rulings in IVC Filter Case
We are going to Peoria next week. On an airplane. Ordinarily, this would not be newsworthy, but we are irrationally excited to be taking this step toward normalcy. We have…
Drug & Device Law
Right on Warnings in Texas, Not So Much on the Rest
Sometimes a case has one bright shining point floating in a sea of not-so-good ones, or a stand-out result lost among outcomes that should have gone the other way. That…