Articles Posted in Product Liability

One of Philadelphia’s bellwether cases in litigation over whether the maker of the drug Paxil failed to warn about an increased risk of suicide from its drug has been dismissed following a Common Pleas Court judge’s decision to grant summary judgment on statute of limitations grounds.

Collins v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline survived summary judgment in March when defendant GlaxoSmithKline argued that the doctrine of federal pre-emption precluded the plaintiffs from pursuing their state products liability claim.

While Judge Tereshko, coordinating judge of the Complex Litigation Center, denied summary judgment on the grounds of federal pre-emption in March, Tereshko granted summary judgment on the grounds regarding Pennsylvania’s statute of limitations.

The judge’s order dismissed all of plaintiffs claims of wrongful death, survival, negligence, negligent infliction of emotional distress, strict liability under the Maryland Products Liability Act, fraud, negligent misrepresentation, loss of consortium and punitive damages.

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Two units of Johnson & Johnson must pay $16.6 million to the family of a Chicago-area woman who died after using a Duragesic pain-patch, a state jury found, dealing the company its fourth defeat in as many trials since 2006.

The woman aged 38, died in February 2004 because the patch she was wearing delivered a fatal dose of the narcotic fentanyl, the device’s main ingredient.

The Duragesic-brand patch is made by Alza Corp., a Mountain View, California, company owned by New Brunswick, New Jersey- based Johnson & Johnson, the world’s biggest maker of medical devices. The product was distributed by another Johnson & Johnson unit, Janssen Pharmaceutica. The jury deliberated for less than two days.

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The Yamaha Rhino, was a hit in the off-road-vehicle market, promising to go “almost anywhere” with an “amazingly high level of comfort and ease.” Now, federal safety regulators are investigating the vehicle following reports of some 30 deaths involving it, including those of two young girls last month.

Yamaha faces more than 200 lawsuits in state and federal courts, many alleging the Rhino’s design is unsafe. Yamaha has settled some but recently beefed up its defense and says it may start to fight rather than settle.

Yamaha stands behind the design of the Rhino, a two-seat vehicle that looks a little like a cross between a golf cart and all-terrain vehicle. The Consumer Product Safety Commission (CPSC) said its investigation of the utility terrain vehicle, or UTV, was prompted by the number of accident reports and the lawsuits.

Many injury claims, Yamaha said, result from improper operation, modifications such as removing the protective “roll cage,” or failure to use a helmet and seat belt.

Read earlier post.

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Wyeth, which set aside more than $21 billion to resolve lawsuits over the fen-phen diet combination, must pay $3 million to a woman who contracted a lung-destroying disease from the drugs.

The New Jersey jurors deliberated about two hours before finding that Wyeth’s Pondimin drug was a cause of the woman’s primary pulmonary hypertension (PPH). The trial loss was Wyeth’s first in four years in a case involving the often-fatal illness.

The ruling comes as the New Jersey-based Wyeth seeks to wrap up more than a decade of litigation over fen-phen, which combined the company’s Pondimin and Redux with the generic phentermine. This medication combination was taken by patients as a weight reduction method to suppress their appetites.

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A college freshman was killed in a dormitory elevator accident two years ago at Ohio State University.

Ohio State has taken safety measures, such as installing video cameras in all its high-rise elevators this year, in case someone gets trapped and as a way to help identify causes of mechanical malfunctions.

One other student (Morris) was in the elevator when the freshman was crushed between the ceiling of the elevator and the third-floor lobby. The fatally injured student was trying to get off the overloaded elevator when it unexpectedly descended with its doors open.

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Pfizer Inc. said it agreed earlier this week to pay $894 million to settle most Celebrex and Bextra claims.

Pfizer said in a statement that it is taking an after-tax charge of $640 million against profit in the quarter to cover the settlement sum.

Pfizer said it plans to settle most lawsuits involving the painkillers Bextra and Celebrex. The large size of the settlement heightens the pressure to cut costs, because Pfizer’s blockbuster cholesterol drug, Lipitor, is losing market share and sales growth of its once-promising antismoking drug, Chantix, has slowed because of safety concerns.

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WASHINGTON — The Bush administration is planning to rewrite a wide array of federal rules with changes or additions that could block product-safety lawsuits by consumers and states.

The administration has written language aimed at pre-empting product-liability litigation into 50 rules governing everything from motorcycle brakes to pain medicine. This year, lawsuit-protection language has been added to 10 new regulations, including one issued Oct. 8 at the Department of Transportation that limits the number of seatbelts car makers can be forced to install and prohibits suits by injured passengers who did not get to wear one.

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