Product Liability

How Old is Too Old? Handling Older Product Liability Cases

How Old is Too Old? Handling Older Product Liability Cases

At the AAJ Annual Convention in July, Brian Franciskato, one of our trial lawyers and also a speaker, talked about handling older product liability cases.

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FDA Reviewing Medical Device Reports for Philips CPAP Recall

FDA Reviewing Medical Device Reports for Philips CPAP Recall

Since April 2021, the FDA has received more than 69,000 medical device reports (MDRs), including 168 reports of death, associated with the PE-PUR foam breakdown or suspected foam breakdown, which led to the Philips CPAP recall.

Source: FDA Safety Communication

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Exactech’s Defective Polyethylene Plastic Insert

Exactech’s Defective Polyethylene Plastic Insert

Exactech recalled polyethylene insert due to the possibility of premature wear and degradation, expanding the initial recall of its knee and ankle replacement systems.

In August 2021, Exactech first issued a recall of its knee arthroplasty polyethylene insert packaged in non-conforming bags limiting it to only those products with a remaining shelf life of five years or greater as of August 31, 2022. However, as of February 7, 2022, that recall has been expanded to include ALL knee and ankle polyethylene inserts packaged in non-conforming bags regardless of label or shelf life. 

 Read: Exactech Knee & Ankle Replacement Recall

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Paraquat Litigation Update

Paraquat Litigation Update

Chief U.S. District Judge Nancy Rosenstengel, a federal judge in southern Illinois and the one who is handling the Paraquat multidistrict litigation, ruled that claims against Syngenta Corp. and Chevron USA can move forward.

  • Rosenstengel denied motions by Syngenta and Chevron to dismiss claims for strict product liability, negligence, breach of implied warranty and violation of several states’ consumer protection laws.
  • On the flip side, she dismissed the plaintiffs’ public nuisance count.

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Signs of Exposure to Paraquat

Signs of Exposure to Paraquat

Paraquat dichloride, commonly known as “paraquat”, is a popular, fast-acting, non-selective herbicide agent used in the United States. Paraquat is known to be a toxic weed killer that is lethal at low doses, and exposure has been linked to adverse health effects, such as Parkinson’s disease.

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Are You Using a Defective CPAP Machine?

Are You Using a Defective CPAP Machine?

Are you still using one of the  Philips defective CPAP, BiPAP or other ventilator machines? Have you experienced any serious health problems? Are you aware that the sound abatement foam can break down and lead to health problems?

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When Did Philips Know about CPAP Toxic Foam?

When Did Philips Know about CPAP Toxic Foam?

After recently conducting an inspection of a Philips Respironics manufacturing facility, the US FDA released an update related to the June 2021 Class I recall of Philips Respironics CPAP, BiPaP and other ventilators.

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Philips CPAP Lawsuit FAQ

Philips CPAP Lawsuit FAQ

In June, a voluntary recall by Philips Respironics, affecting millions of its devices, was issued due to potentially serious health risks related to its CPAP, BiPAP, or ventilator machines’ sound abatement foam. Since then, CPAP lawsuits have been filed by those who have suffered injuries after using the recalled devices.

Contact us for a Free Case Review

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Philips CPAP Lawsuits Centralized in MDL

Philips CPAP Lawsuits Centralized in MDL

In June of this year, Philips Respironics announced a voluntary recall of several models of its CPAP, BiPAP, and other ventilator devices. With 93 proposed class-action lawsuits being filed by the end of September, a request was made to consolidate all claims before one judge for coordinated management as part of a multidistrict litigation. (MDL).

The Judicial Panel of Multidistrict Litigation (JPML) recently heard arguments concerning an MDL. The outcome? Due to the similarity of the claims, the JPML granted motions to consolidate the pretrial proceedings. As of October 8, 2021, there were more than 100 lawsuits filed against Philips.

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What is Sleep Apnea?

What is Sleep Apnea?

According to Johns Hopkins, “sleep apnea happens when upper airway muscles relax during sleep and pinch off the airway, which prevents you from getting enough air. Your breathing may pause for 10 seconds or more at a time until your reflexes kick in and you start breathing again.”

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