Blog: Product Liability

Boeing 737 Max 8 Grounded, Allegedly Lacking Key Safety Features

Mar 21, 2019

In the wake of two tragic crashes of flights involving Boeing's 737 Max 8 -- one in Indonesia in October 2018 and more recently, the March 2019 crash in Ethopia -- over 80 countries and dozens of airlines have grounded or banned the airplane from international air spaces. In addition to an investigation by the FAA, the FBI has allegedly launched a criminal investigation. Sources report that several key safety features -- involving software and...

Another Plaintiff Verdict in Monsanto Roundup Litigation

Mar 21, 2019

Earlier this week, the plaintiff in Hardeman v. Monsanto prevailed in the first phase of of the first bellwether trial In re: Roundup Products Liability Litigation (MDL No. 2741). A unanimous jury found that Monsanto's prize weed-killer, Roundup, caused the plaintiff to develop Non-Hodgkin's Lymphoma. The trial now proceeds to a second phase, where the jury will decide whether Monsanto is liable for the injuries and, if so, the extent of the plaintiff's damages. This...

Another Plaintiff Verdict ($29 Million) in California Talc Trial

Mar 15, 2019

Another jury has found healthcare giant Johnson & Johnson liable for the dangers of its Johnson's Baby Powder, rendering a verdict earlier this week in favor of Plaintiff Teresa Leavitt. The case was venued in California state court and involved claims that Ms. Leavitt developed mesothelioma from asbestos in the baby powder. This is just the latest in a number of plaintiff victories in the talc injury litigation, which has seen somewhere over 13,000 cases...

TVT-O Vaginal Mesh Trial Begins in Philly

Mar 14, 2019

Yesterday marked the start of the re-trial of McFarland v. Ethicon, a products liability and injury case brought by a woman who claims permanent injuries from the implantation of Ethicon's vaginal mesh product, the TVT-O (tension-free vaginal tape, obturator). The jury heard opening statements from the parties, followed by the beginning of the plaintiff's case-in-chief. Lead Plaintiff counsel, Tracie Palmer of Kline & Specter, gave a powerful opening, telling the jury that the evidence would...

$25.5 Millon Verdict Against Aetna in Bad Faith Insurance Case

Nov 18, 2018

Last week an Oklahoma jury returned a verdict against the health insurance company Aetna and in favor of a widower whose wife had lost her battle against cancer. After being diagnosed with nasopharyngeal cancer in 2014, Orrana Cunningham's doctors recommended that she receive proton beam therapy, a form of radiation therapy that would target the area of her stage 4 cancer near the brain stem. Aetna denied the coverage, and Mrs. Cunningham died from the...

FDA Commissioner Issues Statement on E-Cigs

Nov 15, 2018

Today, FDA Commissioner Scott Gottlieb, M.D. issued a statement announcing new proposed FDA initiatives to combat what the agency considers to be an epidemic of underage use of electronic nicotine delivery systems (ENDS), more commonly referred to as "e-cigarettes." E-cigarettes deliver vaporized nicotine from a liquid solution that contains a variety of carcinogens and other harmful toxins. In 2016, a report by the U.S. Surgeon General declared e-cigarette use by youth and young adults to...