Topic
design defect
142 published works
Consumer Protection Connection
CPSC Sues to Force Jogging-Stroller Recall
The U.S. Consumer Product Safety Commission’s (CPSC) first lawsuit of 2018 is against the maker of popular lines of jogging strollers, Britax Child Safety, Inc. The complaint, to be heard…
Drug & Device Law
Unavoidably Unsafe PMA Medical Devices
By Bexis
When it comes to design defect claims and FDA pre-market approved (“PMA”) medical devices, “preemption” is our reflexive reaction. That’s entirely reasonable, given the many decisions that preempt state-law design-related…
Drug & Device Law
Design Defect Claims Preempted In Eye Drop Litigation
This post is from the non-Reed Smith side of the blog. Do as I say, not as I do. A crutch used by parents worldwide to justify their own bad…
Drug & Device Law
Guest Post – Design Defect Implied Preemption Is Not Just for Drugs
By Bexis
Today's guest post is by long-time friend-of-the-blog, Dick Dean, of Tucker Ellis. This post covers the preemption aspects of the recent (after remand from the Third Circuit) aviation decision in…
Drug & Device Law
A Double Whammy for California Design Defect Claims
By Bexis
Finally, some good news out of California – at least when personal jurisdiction isn’t the issue. Design and warning defects were the questions presented in Trejo v. Johnson & Johnson,…
Drug & Device Law
Summary Judgment for Concentric Medical on Design Defect and Warnings Claims Related to Fracture of Merci Retriever Device
When last we wrote, we were about to embark on a journey to Budapest and Vienna to visit the Drug and Device Law Rock Climber. We mentioned that we were…
Drug & Device Law
No Ifs, Ands Or Butts – Preemption Gutts, Rebutts, and Shutts Down Utts
By Bexis
Late last year we happily blogged about Utts v. Bristol-Myers Squibb Co., ___ F. Supp.3d ___, 2016 WL 7429449 (S.D.N.Y. Dec. 23, 2016), chiefly because it held that design defect…
Drug & Device Law
Briefing Completed in Half-Billion-Dollar Verdict in Pinnacle MDL
This post comes from the Cozen O’Connor side of the blog. Plaintiffs and defendants have now completed briefing before the Fifth Circuit on defendants’ appeal of the $498 million verdict…
Drug & Device Law
“Pre-Approval” Design Defects − No Such Thing
By Bexis
As our post-Levine preemption cheat sheet demonstrates, Mensing/Bartlett preemption is breathing down the necks of all prescription drug design defect claims. Recent cases finding preemption of design defect claims due…
Drug & Device Law
EDLA Rejects Preemption of Drug Design Defect Claim
Just yesterday we made the following observation: a design defect claim is often a make-weight claim. How should the design have been improved? Not selling the product at all is…