Court Lets Segway Suit Roll On 
By Virginia Lawyers Weekly
Published: June 7, 2011
Tags: Judge Melvin R. Hughes Jr., Products Liability, Richmond Circuit Court, Virginia Circuit Courts
A woman who alleges injury while using a Segway Personal Transport provided by defendant tour company may pursue her products liability claim against the tour company and the defendant manufacturer, but the Richmond Circuit Court dismisses her additional warranty, fraud and punitive damage claims. Plaintiff sues the tour company, Dreambots, and the manufacturer, Segway Inc. [...]
$212M awarded in Botox case
By Alan Cooper
Published: May 5, 2011
Tags: Federal Courts, Judge Robert E. Payne, Million-Dollar Verdicts, Products Liability
A Vietnam veteran who received a series of Botox injections to treat his writer’s tremor won a $212 million jury verdict against Botox manufacturer Allergan Inc. last month in Richmond federal court. Best known for its cosmetic use to smooth the faces of actors and socialites, Botox also can relieve symptoms of muscle tension and [...]
Farm Equipment Seller Sues for Negligence
By Deborah Elkins
Published: January 25, 2011
Tags: Judge Ivan D. Davis, Products Liability, U.S. District Court - Eastern District
Where a farm equipment company and a tractor company had to pay a jury award of $165,000 to a man who was injured due to an allegedly defective hay bale spear, the farm equipment company may sue Southern Farm Supply for negligence and breach of implied warranty, if the Alexandria U.S. District Court accepts the [...]
Farmer’s Experts Could Not Testify On Mower Hose
By Deborah Elkins
Published: January 19, 2011
Tags: Justice Donald W. Lemons, Products Liability, Supreme Court of Virginia
A $1.75 million verdict for a 72-year-old farmer who alleged severe injuries when his disc mower exploded and injected burning hydraulic fluid into his hand, is reversed by the Supreme Court of Virginia because the trial court erred in admitting opinion testimony from plaintiff’s two experts on an alleged defect in a hose and on [...]
Sprinkler Heads Are ‘Equipment’ Under Statute of Repose
By Deborah Elkins
Published: January 19, 2011
Tags: Justice LeRoy F. Millette Jr., Products Liability, Supreme Court of Virginia
In a case involving fire on an apartment building’s exterior balcony, the Supreme Court of Virginia concludes that exterior sidewall sprinkler heads are “equipment” under Virginia’s statute of repose, Va. Code § 8.01-250, and reverses the circuit court judgment holding that the sprinkler heads are ordinary building materials; the court also holds that a manufacturer’s [...]
Products Liability – Failure To Test- Failure To Warn – Prempro
By Deborah Elkins
Published: December 30, 2010
Tags: Judge T.S. Ellis III, Products Liability, U.S. District Court - Eastern District
A woman suing Wyeth on allegations that its hormone replacement therapy drug, Prempro, caused or aggravated her breast cancer, cannot proceed on a claim that Wyeth had a duty to conduct additional tests or studies of the drug, says an Alexandria U.S. District Court. Among the myriad motions filed prior to trial was Wyeth’s motion [...]
Plaintiff contends cancer caused by use of Prempro – Defense Verdict
By Virginia Lawyers Weekly
Published: December 20, 2010
Tags: Federal Courts, Products Liability
The 65-year-old plaintiff took Prempro, a hormone replacement drug designed to treat the symptoms of menopause and consisting primarily of the hormones estrogen and progestin, from 1996 to June 2002, when she was diagnosed with breast cancer. She underwent successful surgery a month later and the cancer has not recurred. Plaintiff filed suit alleging Wyeth, [...]
Products Liability – Fraud – Prempro Drug – Breast Cancer
By Deborah Elkins
Published: November 10, 2010
Tags: Judge T.S. Ellis III, Products Liability, U.S. District Court - Eastern District
In plaintiff’s suit alleging the hormone therapy drug Prempro caused her breast cancer, an Alexandria U.S. District Court grants summary judgment to defendant manufacturer on plaintiff’s claim for fraudulent concealment, based on additional undisputed facts defendant has submitted on this issue. Plaintiff’s fraudulent concealment claims alleges defendant concealed the results of certain studies from the [...]
Products Liability – Negligent Design – Fraud – Prempro Drug – Breast Cancer
By Deborah Elkins
Published: October 12, 2010
Tags: Judge T.S. Ellis III, Products Liability, U.S. District Court - Eastern District
In plaintiff’s suit alleging the hormone therapy drug Prempro caused her breast cancer, an Alexandria U.S. District Court denies summary judgment to defendant manufacturer on plaintiff’s claim for negligent design defect; the court grants summary judgment for Wyeth on plaintiff’s claims of fraudulent misrepresentation in the Prempro label, but not on plaintiff’s claim of fraudulent [...]
Defective part alleged to cause motorcycle crash, facial injuries – $2,400,000 Settlement
By Virginia Lawyers Weekly
Published: July 26, 2010
Tags: Million-Dollar Settlements, Personal Injury, Products Liability
Plaintiff was involved in a near-fatal motorcycle accident when a part on her motorcycle suffered a sudden failure. Plaintiff alleged that the part was defective and that it had been improperly installed (the identification of the part and nature of the defect are confidential). Plaintiff brought suit against the installer/seller of the part, the wholesale [...]
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