New York’s Appellate Division, First Department recently issued favorable dismissals to a sporting goods retailer and manufacturer in a case alleging issues with an elastic exercise band that injured a person’s right eye in a...more
From contraceptives to mesh implants, shampoos to pasta, New York state and federal courts issued decisions in 2020 which further shaped the landscape in the medical and life sciences legal world. To prepare the best product...more
1/29/2021
/ Bayer ,
Contraceptives ,
Design Defects ,
Failure to Report ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Medical Devices ,
Merck ,
Mirena IUD ,
New York ,
Pfizer ,
Summary Judgment ,
Teva Pharmaceuticals ,
Transvaginal Mesh
New York Federal Court granted Defendants’ Daubert motion to exclude design defect expert testimony on a design defect claim for PAM Cooking Spray and dismissed all product liability claims on summary judgment, including...more
Harris Beach attorneys Judi Abbott Curry, Victoria A. Graffeo and Marina Plotkin prevailed on plaintiffs’ appeal to the Second Circuit of product liability failure to warn claims against Pioneer Surgical Technology, Inc. and...more
5/9/2018
/ Appeals ,
Breach of Warranty ,
Design Defects ,
Dismissals ,
Expert Testimony ,
Failure To Warn ,
Learned Intermediary ,
Manufacturing Defects ,
Negligence ,
Product Defects ,
Summary Judgment
To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more
2/12/2018
/ Breach of Warranty ,
Causation ,
Design Defects ,
Expert Testimony ,
Expert Witness ,
Failure To Warn ,
Learned Intermediary ,
Medical Devices ,
Negligence ,
Personal Liability ,
Pharmaceutical Industry ,
Physicians ,
Preemption ,
Prescription Drugs ,
Product Defects ,
Salespersons ,
Split of Authority ,
Strict Liability