Products Liability

March 16, 2018

Massachusetts Supreme Judicial Court Says Patient Who Took Generic Drug Could Have Claim Against Manufacturer of Name Brand Drug for Failure to Warn, if Defendant Acted Recklessly

Approximately seven out of every 10 Americans take a prescription medication. While the majority of these drugs are reasonably safe (virtually every medicine has some side effect), there has been a trend in recent years for drugs to be put on the market before the full effects are adequately studied.

A number of Massachusetts product liability lawsuits have arisen as a result of personal injuries or wrongful deaths allegedly caused by prescription medications. One common claim in such lawsuits is an allegation that the patient was not adequately warned of the medication’s side effects. A complication arises, however, when the patient takes a generic version of a drug. This is because federal law requires that a generic drug provide an identical label to its name-brand counterpart, even though the drugs may be made by different manufacturers.

Facts of the Case

February 26, 2018

NHTSA Issues New Recalls, Warning Drivers in Massachusetts and Elsewhere of Possible Dangers

By John C. Manoog III

The National Highway Traffic Safety Administration (NHTSA) is an arm of the federal government whose mission is to save lives, prevent injuries, and reduce costs due to traffic crashes. The entity’s website lists many statistics illustrating its success, including a “safety success” of decreasing Massachusetts fatal car accidents in rural towns by 48% in 2015.

As part of its task of keeping people safe on America’s roadways, the NHTSA issues recalls of vehicles, car seats, tires, and equipment that may pose a risk to the public. Sometimes, a recall affects only a few products, but other times millions of consumers may potentially be affected. Either way, it pays to stay up to date on the latest information issued by the NHTSA.

Toyota Recalls 65,000 Tundras/Sequoias

November 29, 2017

‘Tis the Season to be… Cautious – Recalls that Could Affect Consumers in Massachusetts and Nationwide

By John C. Manoog III

The holiday season can be both joyous and stressful. Shopping, decorating, and social obligations can be challenging enough without the added issue of a potentially dangerous or defective product.

Unfortunately, product recalls do not have a “season,” and a Cape Cod product liability attorney can tell you that an accident can happen just as easily during this time of the year as any other. Thus, it is important to be ever-vigilant about the vehicle you drive to the mall for your holiday shopping, the food you arrange on the party buffet, and even the gifts you pass along to friends and family.

Recent Recalls for Automobiles

November 8, 2017

Massachusetts Appeals Court Affirms Summary Judgment Based on Component Parts Doctrine in Product Liability Case

By John C. Manoog III

A Cape Cod product liability lawsuit can arise from something small and simple or from something large and complex. If the product in question is of the more complex variety, it is possible that there may be multiple defendants involved, especially if the product was made of many different pieces. In cases involving multiple component parts, the issue of who had a duty to warn of the end product’s propensity for harm can be very complex.

Facts of the Case

In a case recently considered by the Appeals Court of Massachusetts, the plaintiff was the executrix of a man who was found dead underneath a dump truck. The decedent’s clothing was allegedly caught up in a spinning joint on the truck, and his cause of death was reportedly accidental asphyxiation. The plaintiff filed a wrongful death lawsuit against the defendants, the manufacturer of the original version of the truck (which the court described as “stripped down”), and the maker of a part of the system used to tilt the dump body of the truck, asserting product liability claims sounding in negligence and failure to warn. The trial court granted summary judgment to the defendants.

September 21, 2017

Recently Recalled Products – Beware, Consumers in Massachusetts and Elsewhere!

By John C. Manoog III

While not every dangerous or defective product is recalled by its manufacturer, it is a good idea to occasionally check the government’s “Recent Recalls” list. It only takes a few minutes, and it could provide important information about a defect in a vehicle, food item, tire, child safety seat, or other product.

Cape Cod product liability lawsuits sometimes involve recalled products, but often the product in question has not been the subject of a recall. (Product liability claims include theories such as breach of warranty, manufacturing defect, design defect, failure to warn, negligence, or strict liability.)

Strollers and Motorcycle Handlebars Could Cause Injuries

September 5, 2017

United States Supreme Court Issues Jurisdictional Ruling in Pharmaceutical Product Liability Case

By John C. Manoog III

The United States prescription drug industry generates billions of dollars in revenue per year. Statistically speaking, about one in two Americans used a prescribed medication during the last month, and about one in four used three or more drugs.

There are two ways to look at this situation. The more positive approach is to be thankful that we live in a time when so many medical conditions can be treated by the use of pharmaceuticals. The more skeptical approach is to consider whether we really need all of that medicine, or whether “Big Pharma” (as it is sometimes called) is more about money than benevolence.

Either way, one thing is for sure: not all drugs are safe for all patients. Even medications that have gone through all of the required testing sometimes cause considerable harm and even death, inevitably leading to Massachusetts product liability lawsuits in Cape Cod and elsewhere.

April 4, 2017

Federal District Court in Massachusetts Denies Summary Judgment to General Contractor Following Injury by Allegedly Defective Tool

By John C. Manoog III

Typically, a worker who is hurt on the job is limited to benefits available to him or her under the Massachusetts workers’ compensation laws. However, there are a few limited circumstances under which a third party may be liable in tort for the employee’s injuries.

One of these circumstances arises when a defective product was to blame for the worker’s injuries. Additionally, in some cases, the general contractor on a construction project may also be liable for the injuries of a subcontractor’s employee.

Of course, liability is never automatic, and these defendants – like most defendants who are facing the payout of a substantial verdict due to another person’s injuries – usually fight hard against a finding that they are legally responsible.

November 16, 2016

Thousands of Vehicles Still Being Recalled by NHTSA for a Multitude of Defects

By John C. Manoog III

As you may remember, 2015 was rife with vehicle recalls. According to news reports, there were in the neighborhood of 900 recalls in all, affecting tens of millions of vehicles. Issues such as sudden acceleration, faulty ignition switches, and Volkswagen’s infamous cheating on certain emissions tests made headlines throughout the year.

Although there have been fewer recalls thus far in 2016, that does not necessarily mean that manufacturers have stopped making vehicles with significant flaws. Quite the contrary.

September 28, 2016

Massachusetts Court Rules that Ortho Evra Patch Warnings Were “Plain, Numerous, and Comprehensive” – Niedner v. Ortho-McNeil Pharmaceutical, Inc.

By John C. Manoog III

A recent court decision focused on the Ortho Evra patch, a birth control option that prevents pregnancy by transferring synthetic hormones through the wearer’s skin.

While arguably more convenient than other forms of birth control, the patch is not without risks, including death.

September 14, 2016

MSDS Caution Was Admissible in Product Liability Case Against Massachusetts Manufacturer of Pelvic Floor Repair Device – Albright v. Boston Scientific Corporation

By John C. Manoog III

There are many ways in which a product can be deemed defective. Sometimes, only a single defective product results from a manufacturing error. In other words, something went wrong during the process of making the product.

In other cases, all of the products in a particular line are found to be defective due to a poor design or perhaps a failure to warn. Recently, a Massachusetts appellate court reviewed a trial court’s decision declaring a medical device defective due to its design and lack of a proper warning.