Articles Posted in Product Liability

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In many personal injury matters involving a defective product, it is not immediately evident to the injured party who is ultimately responsible for the harm suffered. Thus, in some cases, the defendant will join another party as an additional defendant based on information unknown to the plaintiff and will argue that the additional defendant is liable for the plaintiff’s injuries. Recently, a Massachusetts court issued an opinion discussing pleadings involving additional defendants in a case involving defective machinery in which the parties filed opposing motions. If you were hurt by a dangerous product, it is prudent to meet with a skillful Massachusetts personal injury attorney regarding your potential claims.

The Plaintiff’s Harm and Defendant’s Claims

The plaintiff was working at a construction site when he was injured by a defective pile driver. He filed a lawsuit against the construction company and the rental company that owned the pile driver. The rental company then sued the companies that manufactured and sold the pile driver, claiming that they were ultimately responsible for the plaintiff’s harm. The manufacturer moved for a judgment on the pleadings while the rental company sought leave to amend the complaint to join to assert additional facts and allegations.

Leave to Amend a Complaint to Join

The court denied the manufacturer’s motion but granted it the right to seek similar relief in the future and granted the rental company’s request for leave to amend the complaint in part. With regards to the rental company’s proposed contribution claim, the court explained that despite the assertion that such a claim did not require the manufacturer to defend against a new theory of liability, whether the amendment was prejudicial was not the focal point. Continue reading →

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In many instances, a person injured by a harmful product will live in a different state than the company that manufactured the product. As such, if the injured party decides to file a lawsuit against the manufacturer for damages, it may be able to file the case in federal court. There are multiple factors that must be assessed when evaluating fault in a product liability case between parties from different jurisdictions, though, including which state’s laws ultimately apply. In a recent opinion, a federal court situated in Massachusetts discussed the process a court will undergo to determine which state’s laws govern the plaintiff’s claims in a case in which the plaintiff suffered harm due to a dangerous medical device. If you were injured by a defective product, it is advisable to speak to a knowledgeable Massachusetts personal injury attorney to determine what claims you may be able to pursue.

The Plaintiff’s Injuries

It is reported that the plaintiff suffered from a hernia that required surgical repair. During the surgery, mesh developed by the defendant was inserted into the plaintiff’s abdomen. The mesh ultimately deteriorated, causing her to suffer significant internal injuries. She then filed a lawsuit against the defendant, alleging multiple causes of action, including negligence, strict liability for defective manufacturing and defective design, negligent misrepresentation, and fraudulent concealment. As the plaintiff lived in Nebraska and the defendant’s principal place of business was in Massachusetts, the case was filed in a Massachusetts federal court. The defendant then filed a motion asking the court to dismiss the plaintiff’s claims.

Choice of Law Analysis in Federal Cases

Prior to assessing whether the plaintiff’s claims were sufficient to withstand the defendant’s motion to dismiss, the court explained it must conduct a choice of law analysis to determine what state’s laws applied to the plaintiff’s claims. In cases pursued in federal court on the basis of diversity jurisdiction, the court must conduct an analysis applying the choice of law rules of the forum state to evaluate which laws apply. Continue reading →

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Defective products harm people throughout Massachusetts on a daily basis. Thus, many people file product liability lawsuits throughout the State to attempt to hold the companies that sell dangerous products accountable. In many instances, such lawsuits involve claims that assert violations of both state and federal law. In a recent opinion, a Massachusetts court discussed the pleading standards imposed on a plaintiff asserting state law claims that are similar to violations of federal law in a matter in which the plaintiff was injured due to a defective medical device. If you were hurt due to a faulty product, you may be owed compensation, and it is in your best interest to meet with a Massachusetts personal injury attorney to discuss your options.

The Plaintiff’s Harm

It is reported that the plaintiff took a supplement that was developed and sold by the defendant. She subsequently suffered severe side effects, after which she filed a lawsuit against the defendant. In her complaint, she asserted claims of negligence, breach of warranty, failure to warn, and product liability. The defendant moved to dismiss the plaintiff’s claims, arguing they were pre-empted by federal law. The trial court denied the motion, and the defendant appealed, which ultimately resulted in a reversal of the trial court ruling on different grounds than those asserted by the defendant.

Pleading Standards in Federal Cases Asserting State Law Claims

The appellate court held that in matters involving products regulated by the FDA, federal law does not preempt state law claims as long as they parallel federal requirements instead of supplementing them. The court further explained, therefore, that in such circumstances, a plaintiff does not need to allege the exact defect in the device or set forth the specific federal regulation that was allegedly violated in order for a claim to survive. Continue reading →

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It is not uncommon for doctors to use products like mesh or artificial joints when operating on patients. While these products should be safe, they often are not, and their defects can lead to significant injuries. People hurt by dangerous products can often recover damages from the manufacturers that developed them, though, via product liability lawsuits. In a recent Massachusetts opinion, a court explained the minimum factual allegations needed to permit a plaintiff to pursue product liability claims against a manufacturer in a case involving surgical mesh. If you were hurt by a defective product, it is advisable to meet with a skilled Massachusetts personal injury attorney to assess your rights.

The Plaintiff’s Harm

It is reported that the plaintiff underwent a surgical procedure during which a mesh patch manufactured by the defendant was implanted in him. Over time, the patch migrated and deteriorated and perforated the plaintiff’s large intestine. The plaintiff then developed sigmoid diverticulitis and an abscess and infection. He then filed a product liability lawsuit against the defendant, alleging claims of breach of implied and express warranties, negligence, and strict liability failure to warn. The defendant filed a motion to dismiss the lawsuit for failure to state a claim for which relief could be granted. The court ultimately granted the motion in part and denied it in part.

Factual Allegations Sufficient to Sustain Product Liability Claims

In evaluating a motion to dismiss, the court must treat all well-pleaded facts as correct and draw any reasonable inferences in favor of the plaintiff. In order to withstand a motion to dismiss, the plaintiff must set forth factual allegations sufficient to state a claim for relief that, on its face, is plausible.

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Many claims against national corporations are filed in or removed to federal court based on diversity jurisdiction. For a federal court to exercise jurisdiction over a case, though, there must be complete diversity between the plaintiff and all named defendants. Thus, in some instances, a defendant will allege that a plaintiff fraudulently joined a defendant that resides in the same jurisdiction as the defendant, simply to keep a case out of federal court. Recently, a Massachusetts district court discussed fraudulent joinder in a product liability case against a car manufacturer and car dealership. If you sustained injuries due to a defective product, you should speak to a seasoned Massachusetts product liability attorney to assess what damages you may be owed.

Factual and Procedural History

It is reported that the plaintiff’s decedent was driving her car when it suddenly accelerated, causing her to lose control and crash into a building. The decedent died due to her injuries. The plaintiff subsequently filed a wrongful death lawsuit in Massachusetts state court against the defendant auto dealership that sold the car, which had a principal place of business in Massachusetts, and the defendant auto manufacturer that made the car, which had a principal place of business in California, asserting claims of negligence and breach of the implied warranty of merchantability. The defendants moved the case to federal court, arguing that the defendant auto dealer was fraudulently joined and that the plaintiff could not maintain claims against the defendant auto dealer. The plaintiff then filed a motion to remand.

Jurisdiction Based on Complete Diversity

Under federal law, a lawsuit that may otherwise be removed to federal court based on diversity jurisdiction may not be removed if any of the parties properly joined as defendants and served by the plaintiff are citizens of the state where the lawsuit was brought. A plaintiff cannot, however, impede a defendant’s right to remove a case by fraudulently joined a defendant that has no true connection to the case but is non-diverse.

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In many instances in which a person is injured by a harmful product, the person will be able to pursue multiple claims against the entities responsible for designing, manufacturing, and distributing the product. If a plaintiff alleging multiple claims in a product liability case is unable to prove one claim, however, it may preclude the plaintiff from recovering under other claims. This was discussed in a recent Massachusetts lawsuit in which the plaintiff sought to recover damages caused by defective transvaginal surgical mesh, but voluntarily waived her breach of the warranty of merchantability claim, resulting in the dismissal of her negligence claims. If you suffered harm because of an unsafe product, it is advisable to confer with a knowledgeable Massachusetts personal injury attorney to discuss what damages you may be owed.

Facts of the Case

It is alleged that the plaintiff underwent surgery in 2008, during which the defendant physician implanted transvaginal surgical mesh. About five years after the surgery, the plaintiff began experiencing pelvic pain, suffered unintended weight loss, and lost the ability to be intimate with her partner. She subsequently filed a complaint in multi-district litigation, asserting claims of strict liability, breach of express warranty, strict liability failure to warn, breach of an implied warranty, and negligence. She subsequently waived numerous claims, including her claims for breach of warranty. The defendants then filed a motion for summary judgment, asking the court, in part, to dismiss the negligence claim. Upon review, the court granted the defendants’ motion as to the negligence claim.

Negligence and Breach of the Warranty of Merchantability

Under Massachusetts law, a plaintiff pursuing a negligence claim in a product liability case must prove that the defendant breached the warranty of merchantability to recover under the negligence claim. In other words, while a defendant may be found to breach the warranty of merchantability without being deemed negligent, the opposite is not true.

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It is not uncommon for surgeons in Massachusetts to implant medical products such as artificial joints, valves, and mesh in their patients. Unfortunately, however, medical products, like other products, often have dangerous defects that cause serious injuries to the people they are intended to help. Thus, many product liability cases arise out of harm caused by defective medical devices. In Massachusetts, whether a plaintiff can recover damages from the manufacturer of a medical product depends, in part, on whether the physician employing the product was advised of the risks associated with its use, as discussed in a recent case. If you were harmed by a defective medical product, you should contact a knowledgeable Massachusetts personal injury attorney to discuss what claims you may be able to assert against the parties responsible for your harm.

Facts of the Case

It is alleged that the plaintiff underwent surgical implantations of mesh devices manufactured by the defendant on two separate occasions, to treat cystocele, prolapse, and rectocele. The mesh eroded over time, and the plaintiff subsequently underwent a procedure to remove the mesh. It could only be partially removed, however. The plaintiff suffered from ongoing issues due to the remaining mesh and the erosion, including pain, scarring, infection, difficulty walking, and painful urination. The plaintiff and her husband subsequently filed a lawsuit against the defendant, asserting numerous claims, including negligence. The defendant filed a motion for summary judgment as to all claims, which the court granted in part and denied in part.

Liability for Defective Medical Products Under Massachusetts Law

The court ultimately ruled that the plaintiff set forth sufficient grounds to proceed to trial on her negligence claim. Specifically, the court noted that under Massachusetts law, a manufacturer of a product could be held liable for harm suffered by a user of the product, if the harm was caused by the manufacturer’s failure to use reasonable care in warning of the dangers associated with using the product. In other words, a manufacturer has a duty to warn consumers of a known risk of harm.

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When a person retains an attorney for any legal matter, it is critical that the person communicate candidly with the attorney to prevent the unwitting waiver of the right to pursue other claims. This was demonstrated in a recent case in which the court dismissed a plaintiff’s product liability lawsuit due to his failure to disclose his potential claims against the company that manufactured the product in a prior bankruptcy proceeding. If you were injured by a defective product, it is wise to meet with a knowledgeable Massachusetts personal injury attorney as soon as possible to discuss what measures you can take to protect your right to seek compensation.

Facts Regarding the Plaintiff’s Injury and Bankruptcy Proceeding

It is reported that in April 2018, the plaintiff purchased a battery-operated skateboard that was manufactured by the defendant. Two months later, while he was riding on the board, it suddenly shut off, causing him to be thrown into the air. The plaintiff sustained a concussion and shoulder injuries in the fall, which necessitated a trip to the emergency room. He subsequently suffered from headaches, memory loss, and back and neck pain due to his injuries. He emailed the defendant on the day of his accident and multiple times thereafter regarding the accident and the potentially defective nature of the board.

Allegedly, in October 2018, the plaintiff filed for Chapter 7 bankruptcy. In the course of his bankruptcy proceedings, he was required to list any claims he had against any other parties, including accidents, regardless of whether a lawsuit had been filed. He did not list the skateboard accident, however. In February 2019, the plaintiff’s debts were discharged, and his bankruptcy case was closed. The plaintiff then filed a lawsuit against the defendant asserting numerous claims and seeking $10 million in damages. The defendant filed a motion for summary judgment, asserting that judicial estoppel barred the plaintiff’s claims.

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Under Massachusetts law, people that are injured by defective products have a right to pursue claims for damages against anyone in the chain of distribution of the product, including the manufacturer. While, in some instances, it is easy to determine who should be named as a defendant in a product liability case, in cases in which another company purchased the company that originally sold the product, it can be difficult to ascertain who is liable for the alleged harm. Recently, the United States District Court for the District of Massachusetts discussed successor liability in a case in which the plaintiff alleged he was injured by a defective vehicle. If you sustained injuries due to a dangerous product, it is wise to speak with an assertive Massachusetts product liability attorney regarding what claims you may be able to pursue.

Factual Background

It is alleged that the plaintiff suffered significant injuries in a car accident. He subsequently filed a product liability lawsuit in Massachusetts state court against the defendant, alleging the car was dangerously designed and manufactured. The defendant was not the company that manufactured the car, however, but was the company that purchased certain assets from the original manufacturer when the original manufacturer filed for bankruptcy. Under the Master Transaction Agreement approved by the bankruptcy court, the defendant agreed to assume liability for any product liability claim arising out of motor vehicle accidents occurring after the sale. The defendant removed the action to federal court pursuant to 28 U.S.C. 1332 and then filed a motion to dismiss, arguing that the court lacked jurisdiction over the defendant.

Successor Liability for Harm Caused by Defective Products

Generally, a successor company does not assume the liabilities of its predecessor. There are exceptions to the general rule, however, such as in cases in which the purchaser expressly or impliedly agrees to take on such liabilities. In such cases in which a successor can be held liable for its predecessor’s acts, the predecessor’s contacts with a forum may be imputed to the successor.

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Defective products harm millions of people each year, causing serious injuries, and in some cases, death. Anyone harmed by a defective product can seek recourse via a civil lawsuit, and product manufacturers can be held liable for the damages caused by defective products under several different theories. Recently, the United States District for the District of Massachusetts discussed the grounds for pursuing product liability claims under the theory of design defect and failure to warn. If you suffered harm or the loss of a loved one because of a defective product, it is sensible to consult a capable Massachusetts product liability attorney to discuss your potential claims.

Facts and Procedural History

It is reported that the plaintiff’s decedent was operating a lathe manufactured by the defendant. He inserted a piece of metal into the lathe, and the bar stock of the lathe subsequently bent to a 90-degree angle and struck the decedent in the head. He suffered massive bleeding and was transported to the hospital. He underwent five surgeries but ultimately died from his injuries. The plaintiff filed a lawsuit against the defendant asserting several claims, including breach of implied warranty. Following discovery, both parties filed motions for summary judgment, which the court denied in part and granted in part.

Product Liability Claims Under Massachusetts Law

Under Massachusetts law, a manufacturer that sells products impliedly warrants that his products are fit for the ordinary purpose for which such products are used, which is referred to as the implied warranty of merchantability. Thus, a manufacturer can be held liable under a theory of breach of implied warranty if a person is harmed by a product’s defective design or the manufacturer’s failure to warn.

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