Author Archives: Life Science Matters

Litigation is the Pits – Claim Dismissed for Injuries Caused by Natural Food Substance

“A lady bit down on a pit in an olive …” may sound like the opening line to a bad joke, but the defendant she sued for her injuries appears to have had the last laugh. The plaintiff filed a personal injury claim against the defendant in California state court for products liability and pursued theories of strict liability, negligence and breach of an express written warranty.  This claims arises from plaintiff’s purchase of several cans of “Lindsay’s Large Pitted Olives” that she planned to…

Continue Reading....

Michael Hamilton to Speak at Perrin Conferences on Opioid Litigation

Join Goldberg Segalla’s Michael A. Hamilton at Perrin Conferences Opioid Litigation Conference in Dallas, TX on Thursday June 28, 2018. This one-day conference covers medical perspectives on opioid prescription practices, opioid-related litigation across state courts, and more. Register here.

Continue Reading....

Illinois Federal Court Considers Whether Plaintiff Expert’s Methodologies Were Sufficiently Reliable under Daubert in a Pharmaceutical Case

GlaxoSmithKline has attempted to knock out the plaintiff’s experts in Dolin v. GlaxoSmithKline, in its latest round of Daubert motions. Wendy Dolin is suing GSK after the suicide death of her prominent lawyer husband, who had been taking the generic form of Paxil, paroxetine, an antidepressant.  This case made national news just a year ago when Judge Zagel of the Northern District of Illinois held that GSK could be liable for Dolin’s death under a negligence theory, not a product liability theory, even though…

Continue Reading....

Pennsylvania Supreme Court Overrules Azzarello But Declines Opportunity To Adopt Restatement Third of Torts

On November 19, 2014, the Pennsylvania Supreme Court issued its much-anticipated decision in  Tincher v. Omega Flex, Inc.Having originally granted allowance of appeal to decide whether to replace the strict liability analysis of Section 402A of the Restatement Second, Pennsylvania’s highest court declined the opportunity and instead overruled  its 1978 ruling in Azzarello vs. Black Brothers, 391 A.2d 1020 (Pa. 1978). The four justice majority opinion (available here), written by Chief Justice Ronald D. Castille, held that Pennsylvania will continue to apply…

Continue Reading....

Drug Decision Discusses Learned Intermediary Doctrine and Failure to Warn Claims

On July 28, 2014, Judge Mark R. Hornak of the Western District of Pennsylvania granted Novartis partial summary judgment on product liability claims for Zometa in Rowland v. Novartis Pharmaceuticals Corp., 12-cv-1474.  These plaintiffs brought claims in strict liability, negligence and breach of warranty arising out of their use of Zometa, a prescription bisphosphonate medication for metastatic bone cancer. The plaintiffs claimed that the use of Zometa caused osteonecrosis of the jaw bone. Novartis moved for summary judgment arguing that the plaintiffs’ claims were not…

Continue Reading....

This Week’s Life Science Headlines

        Litigation

Continue Reading....

This Week’s Life Science Headlines

        Litigation

Continue Reading....

This Week’s Life Science Headlines

        Litigation

Continue Reading....

Last Week’s Important Life Science Headlines

        Litigation

Continue Reading....

This Week’s Life Science Headlines

        Litigation

Continue Reading....