Appeals, Failure To Warn, Medical Devices

U.S. Ninth Circuit Reinstates Product Liability Action that Had Been Dismissed on Statute of Limitations Grounds

Fishman Haygood LLP on 5/21/2025

The U.S. Ninth Circuit Court recently revived a medical device lawsuit (Bennett v. C.R. Bard)1 centered on a fact issue regarding the plaintiff’s knowledge of a product defect as the cause of his condition. The case shines...more

Product Liability Update - January 2023

Foley Hoag LLP on 2/14/2023

MASSACHUSETTS - Massachusetts Federal Court Holds State Law Claims Alleging Misleading “Rapid Release” Labeling Of OTC Acetaminophen Tablets Preempted By Federal Food, Drug, And Cosmetic Act, As Tablets’ Dissolution Rate...more

Blurry Vision in Two Courts Leads to Denial of Preemption in Intraocular Lens Implant Case

Faegre Drinker Biddle & Reath LLP on 9/14/2022

A recent Second Circuit preemption decision illustrates the importance of a clear-eyed approach to medical device preemption issues. In Glover v. Bausch & Lomb, Inc., 6 F.4th 229 (2d Cir. 2021), the district court...more

Product Liability 2021 Year in Review

Nutter McClennen & Fish LLP on 1/12/2022

Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more

Product Liability Update - July 2021

Foley Hoag LLP on 8/5/2021

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...more

Medical Device Manufacturers’ Duty to Warn Expands

Knobbe Martens on 4/8/2017

The Washington State Supreme Court recently released its decision in Taylor v. Intuitive Surgical, Inc. where it held that Washington law requires medical device manufacturers to warn hospitals that purchase their products of...more