Category: Product Liability

Eli Lilly has settled once again for improperly marketing the antipsychotic drug Zyprexa. I blogged on this subject earlier this year. See Eli Lilly Settles Claims Over Zyprexa. Then, later in the year, drug giant Merck settled cases over deceptive television advertisements. See $58 Million Merck Settlement To Change Deceptive TV Drug Advertisements. Are the drug companies an evil empire? Well, maybe so, but they are not beyond the reach of those that have our best interests in mind — i.e., Attorney General Edmund G. Brown, Jr. Here’s the latest: FOR IMMEDIATE RELEASE October 7, 2008 Contact: Christine Gasparac: (916) 324-5500 Attorney General… Read More

The University of Wisconsin, Milwaukee, has a common sense page on their site devoted to Ladder Safety. Click here to read the article wherein they discuss the following topics: Selection of the Appropriate Ladder Inspection of Ladder Prior to Use Proper Use of the Ladder Click Lowell Steiger’s Ladder Safety and Injuries Photo Album Video, Choosing the Right Ladder: Ladder Safety by Work Safe BC, is a video designed to highlight the important safety procedures associated with ladder use on construction sites. The video uses classic B&W comedic film footage and computer graphic simulations to illustrate safe ladder techniques. Here’s another Ladder Safety Video — graphic comedy… Read More

ABC News investigated the dangers of expired tires. A tire failure can result when the tread peels off of a tire. Tires can sit on the retailer’s shelf for years and still be sold as new. Research shows that even if a tire has never been driven a mile, they begin to dry out while they sit on the shelf. After 6 years of age, they can become dangerous. When a car is traveling at highway speed and the tread comes off, the car violently swerves and weaves. The tires may have plenty of tread depth but, if the tire… Read More

I read a fascinating story in the Torts Law Blog wherein Wal-Mart, based on their own training videos, knew or should have known of the potential danger of explosion in a particular gas can sold by them. Ultimately, that gas can exploded when a 12 year old boy “poured gasoline from the container onto a pile of wet wood he had been trying to light, and the can exploded.” From my perspective as a personal injury attorney who has handled many cases where injuries occur as a result of a faulty product (see, for example, The Case of the Exploding Wine Bottle), it… Read More

Indiana’s Number 1 Local Media Site, reports the following: INDIANAPOLIS — Eli Lilly and Co. has settled another 900 personal-injury claims against its antipscyhotic drug Zyprexa, including five set to go to court next month, thus avoiding what would have been the first trial in the U.S. The Indianapolis drug maker confirmed the settlement Wednesday but declined to reveal the amount. With the latest agreements, Lilly has settled more than 25,000 claims, leaving about 1,100 unsettled. Many of the plaintiffs have claimed Lilly underplayed the drug’s side effects, including weight gain and elevated blood sugar. Lilly has set aside $1.2 billion to… Read More

A fascinating product liability case involved a wine conossieur who, while attempting to uncork a bottle of wine, was using a cork extractor which operates as follows: A needle is inserted through the cork, the user pumps the spring-loaded handle and air pressure then forces the cork out. The result is shown in the picture to your left. Mr. A. had owned the cork extracting unit for several years and, up to the date of his injury, had used it to uncork at least 200 bottles of wine. Although he reports that the cork is usually extracted on the fifth to seventh pump, the… Read More

The Food and Drug Administration is requiring box warnings on two topical testosterone gels. Click here for basic information on the male hormone, testosterone. Here’s the FDA report: The U.S. Food and Drug Administration today announced that it is requiring manufacturers of two prescription topical testosterone gel products, AndroGel 1% and Testim 1%, to include a boxed warning on the products’ labels. The agency is requiring this action after receiving reports of adverse effects in children who were inadvertently exposed to testosterone through contact with another person being treated with these products (secondary exposure). The gels are approved for use in men who either no… Read More