Topic
design defect
142 published works
Drug & Device Law
Medical Device Summary Judgment Win in Florida
We are just going to dive right into it today. Because in a world where the rules and the situation are in such a state of flux and unknown, a…
Drug & Device Law
Wrong Court and Wrong-er Reasoning − Ignoring 75 Years of Controlling Precedent
By Bexis
The opinion, Schrecengost v. Coloplast Corp., 2019 WL 6465398 (W.D. Pa. Dec. 2, 2019), recently “predicted” that Pennsylvania would allow strict liability design and warning defect claims in cases involving…
Drug & Device Law
New Jersey Product Liability Act Knocks out Design Defect, Manufacturing, Warning, Warranty, and Fraud Claims Against IVC Filter
A couple of weeks ago we compared New Jersey litigation with New Jersey food and decided we liked the food better. No aspersions were intended. After all, we grew up…
The Lien Zone
HOW TO DEAL WITH A CONSTRUCTION DEFECT CLAIM
By Alex Barthet
Construction defects can be found at all sorts of projects, big or small and they generally fall into one of the following four defect categories: design, material, workmanship and subsurface.…
Drug & Device Law
Hoosier Daddy, Part 510(k): FDA Clearance is Admissible
It is now 2019, but we are still finding bits of leftover 2018 business on our desk and in our emails. Towards the end of last year, we encountered an…
Drug & Device Law
The Demise of Drug Design Litigation: Death by Federal Preemption
By Bexis
That is the intriguing title of the latest law review article written by the “Rabbi of Torts,” Prof. Aaron Twerski (we’re not making this up, Prof. Twerski’s Wikipedia page is…
Drug & Device Law
Guest Post – Revisiting the Third Circuit’s Struggles With Design-Defect Preemption
By Bexis
Today we have another guest post by long-time friend of the blog, Dick Dean, and his colleague at Tucker, Ellis, Mike Ruttinger. Regular readers will recall, that right after Sikkelee…
Drug & Device Law
Court Puts Stake in Heart of Hip Implant Negligence Claim vs. Distributor; Plaintiff’s Summary Judgment Motion Doesn’t Stand a Ghost of a Chance
Happy Halloween. We are very old school when it comes to this spooky holiday. Our pumpkins are orange, our candy bowl is full of Kit Kats, and our favorite horror…
Drug & Device Law
IVC Filters MDL Court Permits Defendants to Use IFU and Medical Guidelines Against Design Defect Claims
This isn’t the first time we’ve written about the Hyde case in the Bard IVC Filters MDL. Back in July we reported on some pretrial rulings in that bellwether case. …
Drug & Device Law
Partial Summary Judgment Granted in Bard IVC MDL Bellwether
Today’s case has a little bit of everything – choice of law, statutory compliance, alternative design, warnings causation. So, the decision is a bit of “grab bag” in addition to…