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Tag Archives: Products Liability

Tort/Negligence – Wrongful Death – Products Liability – TASER – Contributory Negligence Unavailable – Damages (access required)

Fontenot v. TASER International, Inc. (Lawyers Weekly No. 12-04-0464, 35 pp.) (Robert J. Conrad Jr., Ch.J.) 3:10-cv-125;W.D.N.C. Holding: Where plaintiff’s decedent never “used” the taser that killed him, the defendant-manufacturer was not entitled to a defense of contributory negligence. Defendant’s motions for judgment notwithstanding the verdict and a new trial are denied. Defendant’s motion for remittitur is granted.

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Tort/Negligence – Products Liability – Medication Pump – Preemption – Medical Device Amendments of 1976 (access required)

Walker v. Medtronic Inc. The 4th Circuit upholds the district court decision that plaintiff has no common law tort claim against defendant Medtronic, maker of the allegedly defective SynchroMed pump for delivery of medication through a catheter, as her claim is preempted by the Medical Device Amendments of 1976 and regulations which provided for premarket approval by the federal Food and Drug Administration.

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Alleged defective trampoline bungee cord nets $450,000 (access required)

The plaintiff purchased in the summer of 2009 a Sportspower trampoline (manufactured in China) at BJ’s Wholesale Club in Cary. The plaintiff went underneath the trampoline to attach an accessory called a Flash Litezone, which was designed to be suspended underneath the trampoline by two bungee cords. The accessory was designed to light up when someone jumped on the trampoline.

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Regulators’ nod would bar liability for products (access required)

A sweeping tort-reform bill that would have the effect of preventing product-liability lawsuits in cases where the product got a stamp of approval from government regulators was formally introduced in the state House this week. At a packed hearing, Greensboro attorney Janet Ward Black (pictured) said the product-liability provision in the bill would be the most plaintiff-unfriendly in the country. The bill also incorporates some controversial aspects of a medical-malpractice tort-reform bill under consideration in the Senate.

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Bill: FDA approval would bar drug liability claims (access required)

In what plaintiffs' lawyers are calling a "radical" move, House Republicans are pushing for a measure that would give immunity in products-liability cases to pharmaceutical manufacturers so long as a drug was approved by the Federal Drug Administration. The provision says that no manufacturer or seller shall be held liable in a products-liability action so long as the product was designed, manufactured, packaged and sold in accordance with the terms of an approval of a government agency.

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