Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New York and New Jersey. If you find this update useful, please encourage your colleagues and contacts to also register with us on our website. As always, you can access all of our publications at https://foleyhoag.com.
Included in this Issue:
MASSACHUSETTS
Massachusetts Federal Court Holds Federal Food, Drug, And Cosmetic Act Preempts Failure-To-Warn Claim Against Migraine Drug Manufacturers Because FDA Approved Label Knowing Who Was Excluded From Clinical Testing And No Newly Acquired Information Permitted Defendants To Unilaterally Modify Label Under FDA’s “Changes Being Effected” Regulation
Massachusetts Federal Court Grants Summary Judgment On Failure-To-Warn Claims Against Medical Device Manufacturer Where Governing Law Did Not Apply “Heeding Presumption” And Plaintiff Failed To Elicit Deposition Testimony From Surgeon Regarding Whether Different Warning Would Have Changed Decision To Use Device
NEW YORK/NEW JERSEY SUPPLEMENT
New Jersey Appellate Division Holds As Matter Of Law Automobile Not Defectively Designed For Lack Of Lane Departure Warning And Lane Keeping Assist Systems, As Risk Of Departing From Lane Is Inherent And Known To Ordinary User And Vehicle’s Steering System Was Reasonably Fit For Maintaining Lane
New York Federal Court Holds Plaintiff’s Expert’s Testimony That Asbestos Exposure From Defendant’s Vessels Caused Plaintiff’s Lung Cancer Inadmissible Due To Failure To Quantify Plaintiff’s Alleged Exposure
New York Federal Court Dismisses Design And Manufacturing Defect Claims Against Surgical Stapler Manufacturer For Failure To Identify Specific Defect, Reasonable Alternative Design Suitable For Decedent’s Surgery And Connection Of Staple Line Leak To Decedent’s Death Months Later, But Holds Failure-To-Warn Claim Adequately Pled Based On Failure To Instruct Surgeons About Higher Failure Rate Of Longer Staple Line Lengths And Need For Additional Precautions, And Withholding Of Adverse Event Information By Submitting Only Summary Report For FDA’s Public Database
We use cookies to enhance user experience, improve functionality and performance, and for analysis of website traffic. By clicking “accept”, you agree to the use of cookies. For more information about our cookie policy and the information we collect, please review our Privacy Statement.
Foley Hoag
Email Disclaimer
Transmitting information to us by e-mail unilaterally does not establish an attorney-client relationship or impose an obligation on either the law firm or even the receiving lawyer to keep the transmitted information confidential. By clicking "OK," you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us unless we already represent you or unless we have agreed to receive limited confidential material/information from you as a prospective client. Thus, if you are not a client or someone we have agreed to consider as a prospective client, information you submit to us by e-mail may be disclosed to others or used against you.
If you would like to discuss becoming a client, please contact one of our attorneys to arrange for a meeting or telephone conference. If you wish to disclose confidential information to a lawyer in the firm before an attorney-client relationship is established, the protections that the law firm will provide to such information from a prospective client should be discussed before such information is submitted. Thank you for your interest in Foley Hoag.
