Topic
design defect
142 published works
Drug & Device Law
Design and Failure to Warn Claims Survive TwIqbal Challenge in Kentucky
Kentucky –sure, it gets pretty sticky in the summer, and the bluegrass isn’t really blue, and Wildcats fans – well, they’re a breed of their own. But give us the…
Drug & Device Law
A Gem on Alternative Design from a Pelvic Mesh MDL
We don’t write a lot on the various pelvic mesh MDLs in West Virginia because we are so heavily involved in two of them. But the MDL court entered an…
Drug & Device Law
Other Devices’ Failures and Labeling Are Not Enough to Get a Plaintiff to Trial
The Third Circuit just confirmed what we all knew had to be true in device litigation: pointing to the failure of another device in another patient or to a supposedly…
Appellate and Supreme Court
Revisiting Connecticut’s Standard for Product Liability Design Defect Claims
Argument Recap: Bifolck v. Philip Morris, S.C. 19310 On Tuesday, September 13, 2016, the Connecticut Supreme Court heard oral arguments in Bifolck v. Philip Morris, Inc., S.C. 19310. The question…
Drug & Device Law
Alabama Supreme Court Imposes Tough Standard on Safer Alternative Design
As the calendar turns from August to September, it is time once again to concede the strength of the Southeastern Conference. You probably think we are referring to college football…
Drug & Device Law
Dismissing Drug Design Defect Based on Preemption
In a rare harkening to our past and discussion of specific judges, we recall that our first gig after law school was clerking for Judge Jon P. McCalla of the…
Drug & Device Law
Trimming Some Fat From Statin Litigation With Rule 702 and Preemption
One of the greatest spectacles on earth is the annual migration of wildebeest, zebras, and antelope in a loop around the Serengeti. The Blog will have its own migration shortly,…
Drug & Device Law
Guest Post – Design Defect Preemption – It’s as Simple as One, Two, Three
By Bexis
This guest post is from Richard Dean at Tucker Ellis. We're both greatly interested in extending impossibility preemption beyond generic drugs, particularly in the context of design defect claims, so…
Clinical Robotics Law Journal
Following Aubin v. Union Carbide, Will Complex Medical Device Manufacturers Face an Uphill Battle in Defending Against Strict Liability Design Defect Claims in Florida?
In Florida, there are two tests that a jury may apply in determining whether a product is defectively designed under a strict liability theory: the “consumer expectation test” and the “risk-utility…
Drug & Device Law
Medical Device Decision Plays PA’s Greatest Hits
By Bexis
When we read the opinion in Kline v. Zimmer Holdings, 2015 WL 4077495 (W.D. Pa. July 6, 2015), it felt like driving back from the mountains (or the Jersey Shore) after a…