Company Indicted for Illegally Testing Bone Cement on Patients

A Swiss Company in West Chester was indicted for illegally testing bone cement in patients.  Norian XR was approved for use in bone but not the spine.  It is alleged that the company attempted to circumvent the FDA  by illegally testing the cement on about 200 people, three of whom died.

5 Million Dollar Tylenol Product Liability Verdict Reversed

The Pennsylvania Superior Court reversed a 5 million dollar verdict involving the death of a young child from an overdose of Tylenol.  The Superior Court found that the jury verdict was contradicted by the evidence.

State Claims for Injuries from Medications not Preempted by Federal Law - Wyeth v. Levine

The United States Supreme Court in Wyeth v. Levine ruled that state tort law claims for injuries caused by medications were not preempted by Federal Law.  In essence, the drug companies argued that since they received FDA approval for the drugs, injured people could not file a state law claim alleging they were injured by a defective drug.  The Supreme Court disagreed.  This is a major victory for people injured by dangerous or defective drugs.

Pennsylvania Supreme Court Case May Change Product Liability Laws

Periodically, a case comes before the state supreme court that gives justices the opportunity to significantly change how a Pennsylvania law is interpreted. Such an event is before us now, in relation to product liability law and how courts across PA determine whether or not a manufacturer is responsible for their defective products.

The case before the courts currently is Bugosh v. I.U. North America, in which a victim was allegedly injured by products containing asbestos. But what is really on trial is Pennsylvania's historically rigid stance on defective products that better protect victims injured in such cases. If the outcome of the case is in favor of the defendant, it may set a precedent that will help big business manufacturers and retailers in product liability cases instead of helping those hurt by products.

Under the newly proposed standard, plaintiffs may be required to prove that manufacturers or retailers acted unreasonably or negligently while designing the product or by providing inadequate warnings and instructions. In the past, plaintiff simply had to convince the jury and judge that the product had a defect, that the defective product caused the injury, and that the defect existed when the product left the factory.

You may read more about this important case and its possible consequences here:

• K&L Gates: "Products-liability: Pennsylvania Supreme Court Ponders Changing the Standard for Deciding if a Product Is Defective"
• PointOfLaw.com: "Pennsylvania: retreat from strict product liability urged"
• Legal Intelligencer Blog: "Pa. Supreme Court May Import Negligence Concepts Into Products Liability Law"
• LexisNexis Legal News & Litigation Report: "Supplier Argues Pennsylvania Asbestos Claim Governed By 3rd Restatement Of Torts"

A Focus On Defective Household Products

There are many things protecting us from defective products: state and federal regulations, company testing, and good old common sense. But more often than we'd like to see, defective products enter our home and injure someone we love. At this law firm, we like to think that we are the last defense again defective products - that product liability cases keep companies on their toes and ensure that safety laws are upheld. Even more than that, they make certain that no other person will be injured or killed by the product in question.

What are defective products, and how do we protect our families from them? What do we do if we are injured by a product? How can we shield our babies and toddlers from harm? This month, we have focused our library items on these frequently asked product liability and defective product questions.

• What you need to know about unstable furniture and appliances
• What you should do in the minutes and days after a consumer product injury
• What you can do to keep your baby safe in your own home and nursery

For more information on keeping up to date about the defective product recalls in your area, visit the United States Consumer Product Safety Commission (CPSC)

As always, if you have been injured by a defective product in your home, call us today for a free consultation regarding the details of your case. You may also learn more about our product liability practice by visiting our defective product homepage.