Products Liability & Insurance

Current News

Products Liability & Insurance

TOP STORY—JURY VERDICTS—N.D.Fla.: Jury awards $77.5M against 3M for defectively designed earplugs

The jury found 3M liable for design defect, failure to warn, negligent misrepresentation, fraudulent concealment, and fraudulent misrepresentation. A federal jury in Florida awarded $5 million in compensatory damages and $72.5 million in punitive dam...

TOP STORY—JURY VERDICTS—N.D.Fla.: Jury awards $77.5M against 3M for defectively designed earplugs
DESIGN AND MANUFACTURING DEFECTS—MEDICAL DEVICES—W.D.La.: Court grants time for additional discovery in case involving reconditioned insulin pump
May 23, 2022
Victoria Moran, J.D., M.H.A.

The surviving spouse will have additional time to conduct discovery and amend his petition involving claims arising from the death of his wife, allegedly caused by a malfunctioning insulin pump. The Western District of Louisiana granted Tandem Diabet...

NHTSA NEWS—MOTOR VEHICLES—Ford recalls Mustang Mach-E vehicles over faulty software
May 23, 2022
Kendall Heebink

Ford is expected to send notification letters to owners on May 30. Ford Motor Company is recalling an estimated 464 2021 Mustang Mach-E vehicles equipped with all-wheel drive because the powertrain control module (PCM) functional safety software may ...

NHTSA NEWS—MOTOR VEHICLES—Mitsubishi recalls Outlander vehicles due to malfunctioning seatbelt assemblies
May 23, 2022
Kendall Heebink

The defective seat belt assemblies will be replaced by dealers at no cost to the owner. Mitsubishi Motors North America, Inc. (MMNA) is recalling about 2,865 2022 Outlander vehicles because the Automatic Locking Retractor (ALR) in the right front, se...

NHTSA NEWS—MOTOR VEHICLES—Plastic Omnium files Defect Information Report regarding fuel tanks
May 23, 2022
Kendall Heebink

Remedies will be determined by the affected vehicle manufacturers. Plastic Omnium (Plastic Omnium) has submitted a Defect Information Report based upon the recall determinations made by Nissan North America, Inc. (NHTSA Recall No. 21V957 ) and Mitsub...

NHTSA NEWS—MOTOR VEHICLES—School buses recalled by Blue Bird for incorrect starter interlock software settings
May 23, 2022
Kendall Heebink

Dealers will update the software in the affected vehicles, free of charge. Blue Bird Body Company (Blue Bird) is recalling approximately 53 2023 Vision school buses equipped with an Allison transmission because the starter interlock settings in the v...

CPSC NEWS—BABY PRODUCTS—CPSC warns consumers to dispose of BabyRescue Rapid Evacuation Devices due to fall hazard
May 23, 2022
Susan Engstrom

Although the manufacturer has stopped selling the device, it has not agreed to an acceptable recall, the agency said. The Consumer Product Safety Commission (CPSC) is cautioning consumers about dangers associated with BabyRescue Rapid Evacuation Devi...

CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
May 23, 2022
WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...

CPSC NEWS—MEETING NOTICE—CPSC meeting to address recreational off-highway vehicle safety standard
May 23, 2022
WK Editorial Staff

The meeting will be open to the public. The Consumer Product Safety Commission (CPSC) will meet on Wednesday, May 25, 2022, at 10 a.m. to be briefed on the following matter: “Notice of Proposed Rulemaking: Safety Standard for Recreational Off-Highway...

Products Liability & Insurance

TOP STORY—MEDICAL DEVICES—D.Kan.: Pelvic mesh claims not barred by statute of limitations, but failure-to-warn theory fails to survive summary judgment

Because there was conflicting evidence as to when the patient’s injuries were reasonably ascertainable, the question of when her claim accrued was best left to a jury, the court held. Product liability claims arising from injuries sustained by the im...

TOP STORY—MEDICAL DEVICES—D.Kan.: Pelvic mesh claims not barred by statute of limitations, but failure-to-warn theory fails to survive summary judgment
STATUTES OF LIMITATIONS AND REPOSE—Medical Devices—D.Md.: Risk and detrimental effect of metal ions unknown until years after consumer chose implant
May 20, 2022
Justin Marcus Smith, J.D.

Friction might have caused metal debris to accumulate within the joint and bloodstream of the patient, but the court concluded the manufacturer did not know enough at the time to have caused the consumer to make a bad choice. The district court in Ba...

CPSC NEWS—HOUSEHOLD PRODUCTS—Moderne Glass Company coffee cups recalled
May 20, 2022
Susan Lasser, J.D.

The company will provide a full refund for the cups. Moderne Glass Company Inc., of Aliquippa, Pennsylvania, has recalled approximately 2,500 coffee cups because they can crack or break when hot water is poured into them, posing a burn hazard (CPSC R...

NHTSA NEWS—MOTOR VEHICLE EQUIPMENT—Sumitomo tires recalled due to possible bead separation
May 20, 2022
Kendall Heebink

The affected tires will be replaced by dealers, free of charge. Sumitomo Rubber Industries, Ltd. (Sumitomo) is recalling about 6,993 Sumitomo and Falken tires because a deformation may occur in the tires near the bead, which may result in bead separa...

NHTSA NEWS—MOTOR VEHICLES—Braxton travel trailers recalled over faulty quick disconnect fittings
May 20, 2022
Kendall Heebink

Dealers will replace the quick disconnect fittings at no cost to the owner. Braxton Creek RV is recalling approximately 4,384 2022 Bushwhacker, Bushwhacker Plus, and Free Solo travel trailers because the quick disconnect fittings in the LP gas system...

CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
May 20, 2022
WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...

NHTSA NEWS—MOTOR VEHICLES—NHTSA alerts consumers to Ford’s ‘park outside’ warning for MY 2021 Expedition, Lincoln Navigator vehicles
May 20, 2022
WK Editorial Staff

The automaker has confirmed 16 fires, most of which occurred in unattended vehicles. The National Highway Traffic Safety Administration (NHTSA) has issued an alert notifying consumers that Ford Motor Co. is warning rental car companies and other owne...

NHTSA NEWS—ODI INVESTIGATIONS—ODI closes examination of transmission failures in Mack Truck vehicles
May 20, 2022
WK Editorial Staff

The agency determined that the vehicles do not present an unreasonable risk to motor vehicle safety. The National Highway Traffic Safety Administration’s (NHTSA) Office of Defects Investigation (ODI) has closed a preliminary evaluation (PE) relating ...

NHTSA NEWS—REPORTS AND STUDIES—NHTSA adopts strategies to combat continued rise in projected traffic fatalities
May 20, 2022
Susan L. Smith, J.D., M.A.

The agency provides details of its reported projections of traffic fatalities indicating increases in the numbers of fatalities in 2021 and its efforts to address the crisis. An estimated 42,915 people died in motor vehicle traffic crashes last year,...

Products Liability & Insurance

TOP STORY—SPORTS AND RECREATIONAL EQUIPMENT—11th Cir.: Summary judgment reversed for improperly weighing purchase date evidence in tree-stand collapse case

The trial court’s finding that a hunter failed to present evidence that a tree-stand’s ratchet strap’s brittleness was a manufacturing defect improperly credited the manufacturer’s expert testimony that the strap’s condition indicated years of degrad...

TOP STORY—SPORTS AND RECREATIONAL EQUIPMENT—11th Cir.: Summary judgment reversed for improperly weighing purchase date evidence in tree-stand collapse case
DESIGN AND MANUFACTURING DEFECTS—INDUSTRIAL AND COMMERCIAL EQUIPMENT—M.D.Pa.: Strict liability and negligent infliction of emotional distress claims proceed in paint mixing room fire action
May 19, 2022
Sara Cracau, J.D.

The pleadings alleging design and manufacturing defects were sufficient to support the inference that the “Paint Kitchen” contained a defect that led to the explosion and fire. A federal district court in Pennsylvania has denied in part and granted i...

NOTICES—REPORTS AND STUDIES—NHTSA seeks comments on state electronic data collection grant program
May 19, 2022
WK Editorial Staff

The goal of the program is to modernize state data collection systems and enable full electronic transfer of motor vehicle crash data to the agency. The National Highway Traffic Safety Administration (NHTSA) is requesting comments from all interested...

PROPOSED RULES—BABY PRODUCTS—Comments requested on petitions proposing changes to CPSC’s play yard safety standard
May 19, 2022
Susan Lasser, J.D.

CPSC is asking for commenter input on what effect the petitions might have on the Commission’s continuing work on play yard mattress requirements with the ASTM F15.18 Subcommittee on Play Yards and Non-Full-Size Cribs. The Consumer Product Safety Com...

CPSC NEWS—SPORTS AND RECREATIONAL EQUIPMENT—DGL Group recalls 93K hoverboards over fall, injury hazards
May 19, 2022
Susan Engstrom

Consumers are advised to contact the firm for instructions on how to send the affected hoverboards to an authorized repair shop. DGL Group LTD., of Edison, New Jersey, is recalling about 93,000 Hover-1 Superfly Hoverboards because a software malfunct...

NHTSA NEWS—MOTOR VEHICLES—Ford recalls over 310K Super Duty vehicles due to possible air bag malfunction
May 19, 2022
Susan Engstrom

Dealers will replace the steering wheel clock spring. Ford Motor Company (Ford) is recalling about 310,203 2016 Super Duty F-250, F-350, F-450, and F-550 vehicles because dust may accumulate in the steering wheel clock spring, causing a disconnection...

NHTSA NEWS—MOTOR VEHICLES—Risk of engine fire prompts Ford to recall 39K Expedition, Lincoln Navigator vehicles
May 19, 2022
Susan Engstrom

The automaker urges owners to park their vehicles outside and away from structures until the remedy is performed. Ford Motor Company (Ford) is recalling approximately 39,013 2021 Expedition and Lincoln Navigator vehicles because an engine compartment...

CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
May 19, 2022
WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...

NHTSA NEWS—ODI INVESTIGATIONS—ODI ends GM vehicle brake malfunction inquiry
May 19, 2022
Susan Lasser, J.D.

The automaker’s recall remedy sufficiently addressed safety-related concerns in affected pickup trucks and SUVs. The National Highway Traffic Safety Administration’s (NHTSA) Office of Defects Investigation (ODI) has closed a preliminary evaluation (P...

Products Liability & Insurance

TOP STORY—ELECTRONIC PRODUCTS—N.D.Cal.: Manufacturers of Apple AirPods face claims for design defect, negligence, failure to warn

A teenager’s parents have filed suit against Apple, Inc. stemming from injuries their son allegedly sustained when an Amber Alert suddenly sounded at a volume that “tore apart” his eardrum. The parents of a boy who, at 12 years old, sustained serious...

TOP STORY—ELECTRONIC PRODUCTS—N.D.Cal.: Manufacturers of Apple AirPods face claims for design defect, negligence, failure to warn
EXPERT EVIDENCE—HOUSEHOLD PRODUCTS—W.D.Wis.: Product liability claims against pressure cooker manufacturer dismissed
May 18, 2022
David Yucht, J.D.

Whether an electric pressure cooker’s design was defective and whether this defect caused a user’s injuries were matters beyond the knowledge of a lay juror; consequently, expert testimony was needed to prove the user’s claims. In an action brought b...

NOTICES—REPORTS AND STUDIES—NHTSA to submit investigation-based crash data studies to OMB
May 18, 2022
WK Editorial Staff

The agency seeks to modify the information collection to increase the number and type of crashes investigated. The National Highway Traffic Safety Administration (NHTSA) has announced that it will be submitting to the Office of Management and Budget ...

NHTSA NEWS—MOTOR VEHICLES—34K Grand Design travel trailers recalled over potential gas leak
May 18, 2022
Kendall Heebink

Dealers will remedy the issue by replacing the quick disconnect fittings in affected vehicles. Grand Design RV, LLC (Grand Design) is recalling an estimated 34,021 2022 Grand Design Imagine, Reflection, Momentum, Solitude and Transcend travel trailer...

NHTSA NEWS—MOTOR VEHICLES—Kia EV6 vehicles recalled due to potential vehicle rollaway
May 18, 2022
Kendall Heebink

Owners should park their vehicles on flat surfaces until dealers update the Shifter Control Unit software in the recalled vehicles. Kia Motor America is recalling an estimated 9,014 2022 EV6 vehicles because a software error in the Shifter Control Un...

INDUSTRY NEWS—INDUSTRY NEWS—Gordon & Rees adds product liability partner to Los Angeles office
May 18, 2022
WK Editorial Staff

John Katerndahl brings extensive experience representing manufacturers in asbestos litigation. John P. Katerndahl has joined Gordon Rees Scully Mansukhani as a partner in the firm’s Environmental/Toxic Tort and Product & General Liability practice gr...

NHTSA NEWS—ODI INVESTIGATIONS—ODI closes investigation into 2014 Chrysler minivan fires
May 18, 2022
WK Editorial Staff

Because of the low rate of thermal incidents at the minivan charge hub, as well as there being no reports of serious injury, crash, or death, the agency closed the investigation. The National Highway Traffic Safety Administration’s (NHTSA) Office of ...

Products Liability & Insurance

TOP STORY—SUPREME COURT—U.S.: Estate seeks High Court’s opinion on whether federal safety standard for bus exits preempts state common law

The U.S. Supreme Court has been asked to determine whether the federal standard prohibits the greater level of safety required under Texas common law. The estate of a boy who died after falling from an emergency exit door of a school bus that was tra...

TOP STORY—SUPREME COURT—U.S.: Estate seeks High Court’s opinion on whether federal safety standard for bus exits preempts state common law
PLEADINGS—ASBESTOS—E.D.N.C.: Claims of maintenance worker diagnosed with mesothelioma survive dismissal
May 17, 2022
Kenneth H. Ryesky, M.B.A., J.D.

The complaint sufficiently alleged defective design and failure to warn causes of action, but disputes as to the accuracy of the allegations were premature. In an asbestos-exposure action, a federal district court in North Carolina denied a motion to...

NHTSA NEWS—MOTOR VEHICLES—Electra Meccanica Solo electric vehicles recalled over malfunctioning rear turn signal
May 17, 2022
Susan Lasser, J.D.

The company will update the body control module software to remedy the issue. Electra Meccanica Vehicles Corp (ElectraMeccanica) is recalling about 129 2021 Solo vehicles because in the event of a rear turn signal wire harness short-circuit, the flas...

NHTSA NEWS—MOTOR VEHICLES—Lighting-related modules recalled due to circuit board defect
May 17, 2022
Susan Lasser, J.D.

The company will work with vehicle manufacturers to provide replacement modules, free of charge. Weldon Division of Akron Brass (Akron Brass) is recalling certain V-mux Hercules HC Node 1.5 electrical multiplex modules, with part number 6060-1000-00,...

NHTSA NEWS—MOTOR VEHICLES—Vehicle rollaway issue relating to software error prompts recall by Hyundai
May 17, 2022
Susan Lasser, J.D.

Drivers of affected Ioniq 5 vehicles are advised to use the electronic parking brake to park their vehicle until the software update remedy is performed. Hyundai Motor America (Hyundai) is recalling approximately 10,729 2022 Ioniq 5 vehicles because ...

CPSC NEWS—HOUSEHOLD PRODUCTS—CPSC warns consumers of CO risk this hurricane season
May 17, 2022
WK Editorial Staff

The agency provides guidance on how to stay safe while using portable generators. With June 1 marking the beginning of the 2022 Atlantic hurricane season, the Consumer Product Safety Commission (CPSC) is cautioning consumers about the increased risk ...