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

Decedent was a 10-year-old student at a Northern Virginia public school. During an after-school program, he was asked by a teacher to help operate a motorized partition that separated two rooms. To better hear the teacher on the other side ...

Tagged with: Judge Jane Marum Roush Mediation Products Liability Settlement

A factory worker left disabled and in pain from a 2018 industrial accident has recovered $8 million in a settlement with defendants who sold and installed a glue-spreader machine that lacked “essential” protective panels. The plaintiff’s hair became caught in ...

Tagged with: Products Liability Settlement

This is a products liability case arising out of an industrial accident in which plaintiff’s hair became entangled in an unguarded glue roller and drive shaft. On March 5, 2018, the plaintiff, then 40, was working as an operator on ...

Tagged with: Products Liability Settlement

Where the defendant in a wrongful death action brought by a woman whose husband’s exposure to asbestos caused his death from mesothelioma, argued the jury was improperly instructed on causation and the trial court erred by refusing to reduce the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Diana Gribbon Motz Products Liability

Plaintiff suffered a work-related injury while operating industrial equipment, which plaintiff alleged was defectively designed and negligently tested. Plaintiff asserted that the injury-causing event aggravated his pre-existing glenohumeral arthritis, which led to an arthroscopic debridement, partial shoulder replacement and total ...

Tagged with: Products Liability Settlement

On July 25, 2016, 67-year-old plaintiff picked up his Polaris jet ski from a marina near Lake Anna where he had taken it for repairs. When he attempted to start the jet ski, it exploded. Unknown to plaintiff, the marina ...

Tagged with: Negligence Products Liability Settlement

Although Subaru argued the plaintiff was improperly relying upon her own subjective, undefined standards to sup­port her product liability claims, a motion to dismiss is not the proper avenue to contest a lack of expert testimony. Suba­ru will have opportunity ...

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