Illinois class suit alleges defects in Whirlpool self-clean ovens

By Ronald V. Baker, Senior Legal Writer, Westlaw Journals

From Westlaw Journal Products Liability: A proposed federal class-action suit filed in Illinois claims that certain Whirlpool ovens become damaged beyond repair if their self-cleaning feature is used as few as five times.

Chicago resident Beth Kljajich claims she spent an extra $300 to have a Whirlpool oven model that offered self-cleaning convenience, but says after using the feature once, her oven’s motherboard burned up.  She was forced to buy a replacement oven when, after five attempted repairs, the Whirlpool remained inoperable, according to the complaint, filed in the U.S. District Court for the Southern District of Illinois.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.)

(more…)

New Jersey man’s suit over failed brain stimulators federally preempted

From Westlaw Journal Medical Devices: A federal judge in Camden, N.J., has dismissed as federally preempted a multi-count suit filed by a man who says he underwent four surgeries to implant a Medtronic brain stimulator because the first three devices were defective.

U.S. District Judge Renee M. Bumb of the District of New Jersey ruled that Jack Millman’s 12-count suit against Medtronic over the allegedly faulty Activa deep brain stimulation systems is void because it challenges the Food and Drug Administration’s exclusive regulatory jurisdiction as outlined by the Medical Device Amendments, 21 U.S.C. § 360c, to the Food, Drug and Cosmetic Act, 21 U.S.C. § 301.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.) (more…)

9th Circuit won’t revive Zicam user’s toxic injury suit

From Westlaw Journal Expert and Scientific Evidence: The 9th U.S. Circuit Court of Appeals has declined to disturb a summary judgment order for the former producer of Zicam nasal spray in the case of a user who alleged toxic ingredients in the product caused his permanent loss of smell.

The appeals court panel said a California federal judge correctly found plaintiff Michael D. Nelson failed to produce sufficient expert testimony on the cause of his injuries.

(Westlaw users: Click here for the 10 most recent stories from Westlaw Journals.) (more…)

Injury suit over off-label use of Infuse system federally preempted

From Westlaw Journal Medical Devices: A Michigan man’s claim that he was injured from Medtronic Inc.’s off-label marketing of the Infuse bone growth system is federally preempted, a federal judge in the state has ruled.

U.S. District Judge Janet T. Neff of the Western District of Michigan granted Medtronic’s motion to dismiss Clinton Thorn’s failure-to-warn and negligence claims, rejecting his assertion that any promotion of off-label medical device usage violates federal law.

(Westlaw users: Click here for the 10 most recent stories from Westlaw Journals.) (more…)

Florida couple says bed design caused daughter’s death

From Westlaw Journal Products Liability: A Florida furniture chain is facing a wrongful-death lawsuit by parents who say their daughter died after becoming entrapped between the mattress and footboard of their king-sized bed.

In a complaint filed in the Duvall County Circuit Court, Karen and Garvin Thomas accuse furniture chain owner W.S. Badcock Corp. of negligent design, manufacture and sale of its Empire Collection king-sized bed set.

(Westlaw users: Click here for the 10 most recent stories from Westlaw Journals.) (more…)

Discovery limits set in Minnesota surgical stapler injury suit

From Westlaw Journal Medical Devices: Ethicon Endo-Surgery Inc. must produce adverse incident reports and other documents related to its TX model surgical stapler in a suit that alleges a woman was injured when one of the tools malfunctioned during a throat operation.

U.S. District Judge John R. Tunheim of the District of Minnesota ordered Ethicon to produce data related to problems with the entire line of TX surgical staplers, which dates back to 1996, for plaintiff Susan Webb.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.) (more…)

Fiskars unit to pay $2.6 million penalty for failing to promptly report axe defect

From Westlaw Journal Products Liability: Gerber Legendary Blades, a division of Fiskars Brands Inc., has agreed to pay a $2.6 million federal civil penalty to settle claims that it failed to promptly tell the government about injury reports from numerous users of its Gator Combo axe.

In a complaint filed in the U.S. District Court for the District of Oregon, the U.S. Department of Justice said Gerber began receiving reports of severe injuries related to the axe in 2005 but did not notify the Consumer Product Safety Commission for nearly five years.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.) (more…)

OtisMed Corp. to pay $80 million to settle claims over improper sales of surgical product

From Westlaw Journal Medical Devices:  OtisMed Corp. and its former CEO have pleaded guilty in federal court to selling unapproved surgical cutting guides, with the company agreeing to pay more than $80 million to resolve all related criminal and civil charges.

OtisMed, acquired by Stryker Corp. in November 2009, sold more than 18,000 OtisKnee orthopedic cutting guides between May 2006 and September 2009, according to the settlement agreement approved Dec. 8, by a federal judge in the U.S. District Court for the District of New Jersey.  Investigators said the sales netted OtisMed about $27.1 million in revenue.

(Westlaw users: Click here for the 10 most recent stories from Westlaw Journals.)

(more…)

Vascular Solutions’ sale of vein treatment device lacked FDA approval, feds say

From Westlaw Journal Medical Devices: Vascular Solutions Inc. and its chief executive officer are charged in a federal criminal indictment with selling a varicose vein treatment system for uses not approved by the Food and Drug Administration.

An indictment filed in the U.S. District Court for the Western District of Texas charges both Minnesota-based VSI and CEO Howard C. Root with one count of conspiracy and eight courts of introducing adulterated and misbranded medical devices into interstate commerce, the U.S. Justice Department announced Nov. 13.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.) (more…)

4th Circuit backs dismissal of suit claiming injury from high-strength tape

From Westlaw Journal Products Liability: A federal appeals court has affirmed the dismissal of a failure-to-warn suit against the maker of Gorilla Tape, finding that the company had no duty to warn the plaintiff against the unforeseen use of the high-strength adhesive on his skin.

The 4th U.S. Circuit Court of Appeals called appellant Frankie Rocchetti’s informal, pro se appellate brief “conclusory.”

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.)

(more…)