Articles Posted in Product Liability

In a landmark legal action filed in the Court of Common Pleas of Philadelphia County, plaintiff Bryce Martinez has taken on major food corporations, accusing them of causing widespread health issues through the manufacture and marketing of ultra-processed foods (UPF). Here’s a comprehensive look at this significant case, which could have broad implications for consumers,…

In recent legal developments, a series of lawsuits has been filed against Pfizer, the manufacturer of Depo-Provera, a widely used injectable contraceptive. These lawsuits allege that the use of Depo-Provera has been linked to an increased risk of developing brain tumors, particularly meningiomas. Here’s an in-depth look at this emerging legal issue, including what it…

The Indiana Court of Appeals recently considered Bayer’s motion to dismiss the claims of more than 30 women who had suffered complications alleged to have been caused by Bayer’s Essure medical device. Bayer’s challenge was two-fold: (1) that the complaint itself was deficient and (2) that the claims were preempted by federal law, and thus…

The Indiana Supreme Court recently held in Brewer v. PACCAR, Inc. that a component part manufacturer (PACCAR) may have a duty to offer or install necessary safety features under Indiana’s Product Liability Act (IPLA). Because issues of fact existed as to whether the safety features were offered and necessary to make the final product safe,…

Yes, according to the Indiana Supreme Court decision in Myers v. Crouse-Hinds Div. of Cooper Indus., Inc., 53 N.E.3d 1160 (Ind. 2016). In this case, the Court consolidated three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose as applied to plaintiffs who had suffered mesothelioma-related illnesses and in one case…

The Indiana Supreme Court recently held in Campbell Hausfeld/Scott Fetzer Co. v. Johnson that product misuse, like the defenses of incurred risk and product alteration, operates as a complete defense to bar recovery in product liability cases. While misuse is normally a question of fact for the jury, under this opinion, misuse can be established…

Our lawyers are currently investigating the FDA’s recall of Valsartan in an effort to determine whether a sufficient medico-legal basis will exist to file Valsartan lawsuits for those impacted. At this point, it is difficult to ascertain whether those who have taken Valsartan products contaminated with NDMA may have been adversely affected by taking the…

There is a misconception among some that if a product is destroyed during a fire, that it will be too difficult to prove the product had a defect because no specific mechanism can be pinpointed as the cause and origin of the fire. However, in spite of manufacturing defendants’ attempts to take advantage of a…

The world’s largest crop chemicals company–Switzerland-based Syngenta–is facing a wave of lawsuits arising out of the sale and marketing of a genetically modified (GMO) first generation corn seed called Agrisure Viptera with a corn trait known as MIR162. The claimants are a variety of individuals and businesses seeking damages and other relief in 20 states.…