Where a restaurant server claimed she was injured by a defective tea brewer, but her professional engineer expert never examined the actual brewer and there was no testimony that the brewer he examined was the same model, his opinion was ...

Tagged with: Judge John A. Gibney Jr. Products Liability U.S. District Court - Eastern District

Where an experienced hunter was injured after he removed a harness from a treestand, which was contrary to the instruction manual, but he testified it was impractical to use the stand with the harness attached to the tree at all ...

Tagged with: Judge Henry E. Hudson Products Liability U.S. District Court - Eastern District

Where an owner pleaded that his car consumes an excessive amount of oil, that allegation was insufficient to allege that the vehicle has defective piston rings. As such, he lacked standing and a putative class action suit against GM was ...

Tagged with: Judge James P. Jones Products Liability U.S. District Court - Western District

Where the estate of a driver who died from carbon monoxide poisoning alleged his Dodge Journey was unreasonably dangerous because the engine did not automatically turn off after he removed the key fob from the car, the manufacturer, FCA, was ...

Tagged with: Judge Michael F. Urbanski Products Liability U.S. District Court - Western District

Where the plaintiff alleged that she suffered injuries from a transvaginal mesh implant, but she had no expert testimony on the applicable safety standard or causation, the manufacturer was granted summary judgment. Background Elnora Henderson alleges that she suffered injuries ...

Tagged with: Judge John A. Gibney Jr. Products Liability U.S. District Court - Eastern District

Where the plaintiff alleged a device intended to prevent blood clots from moving into her lungs fractured and migrated, causing her anxiety, abdominal pain, chest pain and shortness of breath, but her expert provided no opinion as to the cause ...

Tagged with: Judge Henry E. Hudson Products Liability U.S. District Court - Eastern District

Where the record did not show the decedent had frequent, regular and proximate contact with a company’s asbestos insulation, the company prevailed on the wrongful death claims. Background After Charles F. Connor died at the age of 90 of mesothelioma, ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Stephanie Dawn Thacker Products Liability

Although the Virginia Supreme Court has yet to recognize a post-sale duty to warn, the court held a manufacturer is liable for failing to warn about dangers discovered after selling a product if it was reasonable to provide such warnings. ...

Tagged with: Judge David J. Novak Products Liability U.S. District Court - Eastern District

A man injured when his surgeon entered the incorrect order into an Electronic Health Records, or EHR, system failed in his attempt to hold the manufacturer liable for negligent design. The EHR system complied with the only “prevailing safety standard” ...

Tagged with: Judge Claude M. Hilton Products Liability U.S. District Court - Eastern District

Where the record showed that a coal miner developed black lung disease more than two years before he filed suit, even though the disease was not identified until later, the suit was barred by Virginia’s two-year statute of limitations. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Henry F. Floyd Products Liability