Category Archives: Design Defect

This Week’s Life Science Headlines

        Litigation

Regulatory Recalls

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This Week’s Life Science Headlines

        Litigation

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This Week’s Life Science Headlines

        Litigation

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This Week’s Life Science Headlines

        Litigation

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This Week’s Life Science Headlines

        Litigation

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This Week’s Life Science Headlines

        Litigation

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This Week’s Life Science Headlines

        Litigation

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Last Week’s Important Headlines

Here are some other notable decisions and developments from last week in the Life Science area: Litigation

Regulatory

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$2M Vaginal Mesh Verdict in West Virginia

C.R. Bard, Inc. was hit with a jury verdict of $2 million on August 15, 2013 in a vaginal mesh case. The case was tried in the United States District Court for the Southern District of West Virginia. Unanimous jury findings included that plaintiff had proven her design defect and failure to warn claims and that Bard did not prove its assumption of the risk defense. The jury awarded the injured plaintiff $250,000 in compensatory damages. Perhaps most notably the jury found that punitive damages…

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Pennsylvania – Is it Shifting the Burden in Product Liability Suits?

The Pennsylvania Supreme Court may soon turn the burden in product liability suits on its head.  Historically, Pennsylvania has applied the Second Restatement of Torts.  The Second Restatement focuses on the consumer’s expectations and only requires that he show at the bare minimum: that the product was defective when used for its intended purpose and that an alternative design exists.  Reasonableness and feasibility are not factors in the analysis. In Tincher v. Omega Flex, Inc., the Court is set to decide whether the Third…

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