Defective Products

Johnson & Johnson to Pay $72 Million after Product Liability Lawsuit

Published on: March 8, 2016 | by Friedman Rodman Frank & Estrada, P.A.

Earlier last month, a jury awarded the family of a woman who died from ovarian cancer roughly $72 million against the defendant, health-care manufacturing giant, Johnson & Johnson. According to one article following the case, $10 million of the verdict was for compensatory damages and $62 million were for punitive damages.

The Allegations

The plaintiffs in the case alleged that Johnson & Johnson not only sold a dangerous product, but also that the company continued to do so even after it learned the of dangers associated with the product. The lawsuit focused on the deceased’s use of Johnson & Johnson’s “Shower to Shower” powder, which contained talcum powder. The product was marketed for decades as a feminine hygiene product, until the Food and Drug Administration advised against the use of talc-based products around the genitals.

Evidence at trial suggested that the woman had used the product for decades, and was never warned of the possibility that continued use of the product increased the likelihood she would develop cancer. There was also evidence presented suggesting that Johnson & Johnson officials knew that there were dangers associated with the use of their product, but ignored them and continued to market the product as a safe feminine-hygiene product.

Florida Hearing Indicates Takata Concealed Evidence of Airbag Defect

Published on: February 22, 2016 | by Friedman Rodman Frank & Estrada, P.A.

In May 2015, Takata Corp., a Japanese company that makes airbags, announced that roughly 33.8 million vehicles might contain defective airbags that could explode with excessive force. Specifically, they can shoot metal shrapnel at passengers and cause serious injury or even death, sometimes when no airbag-deploying event has occurred. Takata also agreed to a consent order with the National Highway and Traffic Safety Administration (NHTSA) regarding its obligations in the recall process, which happens to be the largest auto recall in history. It additionally released four defect information reports regarding the details of the affected devices. On Sept. 1, 2015, the NHTSA estimate changed to 23.4 million.

Dozens of lawsuits against Takata have been filed in Florida federal courts. On February 12, 2016, a hearing in the case of injured Florida resident Patricia Mincey indicated that Takata’s own engineers discarded evidence that may have shown the defective airbag propellant as long as 16 years ago. The propellant includes a compound called ammonium nitrate, which was introduced into Takata models as early as 2000 and triggered failures during internal testing. Mincey was paralyzed when her Takata-manufactured airbag deployed defectively during a 2014 accident.

Miami Court Examines Factors to Consider When Reviewing a Motion to Transfer Venue Following Unfortunate Car Accident

Published on: January 26, 2016 | by Friedman Rodman Frank & Estrada, P.A.

In Morrissey v. Subaru of America, Inc., a couple was injured when the vehicle one spouse was driving unexpectedly accelerated and collided with a stone fence in the United States Virgin Islands. Sadly, the wife was left permanently paralyzed as a result of the crash. Following the incident, the couple filed a lawsuit in the Southern District of Florida against the Japanese automobile manufacturer, the company’s U.S. distributor, and the dealership that sold the vehicle to its original owners.

In the couple’s complaint, they accused the defendants of negligence per se, failure to warn, negligently designing and manufacturing the vehicle, strict liability, and breach of warranty. The husband also sought damages for his loss of consortium.

Florida Appeals Court Orders New Trial Following Multi-Million Dollar Judgment Against Tobacco Companies

Published on: January 14, 2016 | by Friedman Rodman Frank & Estrada, P.A.

In RJ Reynolds Tobacco Co. v. Calloway, several tobacco companies filed an appeal following a multi-million dollar judgment that was entered against them in Florida. In the case, the defendants faced claims of negligence, strict liability, fraudulent concealment, and conspiracy to commit fraud, brought by the estate of a man who died from health complications that were apparently caused by his cigarette addiction. Following trial, the jury ultimately determined the deceased man, who began smoking at age 15, was 20.5 percent responsible for his own death.

On appeal to Florida’s Fourth District Court of Appeal, the defendants claimed a new trial was warranted because the plaintiff’s attorney made repeated inflammatory statements in front of jurors. Additionally, the tobacco companies argued the trial court committed error when it instructed the jury regarding the estate’s fraud claims and entered a joint and several final judgment that potentially held each company accountable for the entirety of the jury award. The defendants also asserted that the jury’s compensatory and punitive damages awards should have been reduced or set aside by the lower court, and their right to due process was violated. In response to the tobacco companies’ appeal, the plaintiff claimed the trial court committed error when it sustained several of the defendants’ objections regarding statements made by the estate’s lawyer.

Appellate Court Finds Florida Couple’s Products Liability Case is Time Barred

Published on: September 29, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Dominguez v. Hayward Industries, Inc., a Florida man was apparently seriously injured when a swimming pool filter unexpectedly exploded in 2012. Following the incident, the man and his wife filed a products liability lawsuit against the filter manufacturer, the distributor of the product, and the company that installed it 13 years earlier. According to the couple’s complaint, the defendants committed negligence and other torts against the man when they manufactured, sold, and installed the allegedly defective swimming pool filter. Because of this, the couple sought damages for the man’s resulting head injury.

In response to the couple’s lawsuit, the defendants filed a motion for summary judgment, claiming the 12-year statute of repose enumerated in Section 95.031 of the Florida Statutes barred the couple’s products liability case. Much like a statute of limitations, Florida’s statute of repose limits the time frame during which specific causes of action may be filed. If a lawsuit is not brought before the statute of repose expires, a plaintiff’s claim is typically barred forever. The trial court agreed with the defendants and entered judgment in their favor. The couple then filed an appeal with Florida’s Third District Court of Appeal.

Middle District of Florida Refuses to Dismiss Mesothelioma Lawsuit

Published on: June 18, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Dugas v. 3M Company, a man filed a lawsuit in Florida against several companies over his alleged exposure to asbestos fibers while serving in the United States Navy. In his complaint, the man claimed he developed fatal mesothelioma as a result of this exposure to the dangerous product. In addition, the man alleged that each of the defendant companies or their predecessors processed, manufactured, mined, distributed, or otherwise supplied asbestos fibers to the Navy. In response to the negligence, strict liability, fraudulent concealment, and loss of consortium lawsuit, the defendants filed a motion to dismiss the case for failure to state a claim upon which relief may be granted.

First, the Middle District of Florida examined the defendants’ claims that the lawsuit should be dismissed because the man failed to comply with the requirements enumerated in Section 774.205 of the Florida Statutes. According to the court, Florida substantive law and federal procedural law applied to the case because it was removed to federal court under 28 U.S.C. § 1442. After examining the complaint, the court said Section 774.205 conflicted with the notice requirements included in Rule 8 of the Federal Rules of Civil Procedure. As a result, the federal court stated Florida’s heightened notice standard for asbestos cases was required to yield to the federal pleading requirements.

Florida Supreme Court Rules a Timely Objection to a Jury’s Inconsistent Verdict Must be Made in a Products Liability Case or the Issue is Waived

Published on: May 19, 2015 | by Friedman Rodman Frank & Estrada, P.A.

The Florida Supreme Court has held that a party to a products liability action must make a timely objection to an inconsistent jury verdict before jurors are discharged or the issue is waived. In Coba v. Tricam Industries, Inc., a Florida man was killed after he fell 13 feet from an apparently faulty ladder. After the fatal accident, the personal representative of the man’s estate sued the ladder manufacturer and distributor for both negligence and strict liability in a Florida court.

During trial, the plaintiff offered testimony from two of the deceased man’s relatives who witnessed his unfortunate fall. In addition, the plaintiff provided contested evidence regarding an alleged design defect included in the ladder. After the evidence was presented, jurors were given instructions regarding the standard for finding a design defect under both strict liability and negligence theories. In addition, the jury received instructions about the standard for finding negligence based on the distribution and sale of an allegedly defective ladder. Without objection from either party, the court also provided jurors with special interrogatories about the ladder’s purported design defect.

Northern District of Florida Dismisses Defective Design Case Over Lack of Supporting Evidence

Published on: April 29, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Witt v. Howmedicall Osteonics Corp., a woman had a medical device surgically implanted into her knee in 2008. The following year, she had the allegedly defective device removed and underwent total knee replacement surgery. After her second surgical procedure, the woman filed a strict liability and negligence lawsuit against the manufacturer of the medical device in the Northern District of Florida. According to the woman’s complaint, she suffered personal injuries as a result of the medical product’s defective design.

In response to her lawsuit, the medical device manufacturer filed a motion for summary judgment with the court. In general, a motion for summary judgment may be granted when there are no material facts in dispute and the moving party is entitled to judgment as a matter of law. When considering such a motion, a court must view the facts offered in the light that is most favorable to the non-moving party.

Appeals Court Overturns Jury Verdict in Florida Failure to Warn Lawsuit

Published on: March 23, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Trek Bicycle Corp. v. Miguelez, a Florida man apparently sustained personal injuries when the road bicycle he was riding suddenly stopped after an unspecified object became caught in the spokes. As a result of his harm, the man filed a failure to warn, products liability, and defective design and manufacture lawsuit against the manufacturer of the bicycle and the store that sold it to him in a Florida court. Although the bicycle manufacturer obtained a directed verdict regarding the hurt man’s other claims, the trial court declined to issue judgment in the company’s favor with regard to the man’s failure to warn cause of action. As a result, the lawsuit proceeded to a jury trial.

At trial, the hurt man claimed he would not have suffered harm if the bike company had placed a warning sticker stating the carbon forks could potentially crack or fail on the device. Following a jury trial, the injured bicyclist was awarded $800,000.00 in damages as a result of the bike manufacturer’s negligent failure to warn. Still, jurors opted not to issue a verdict against the bicycle retailer.

Florida Appellate Court Reverses Directed Verdict in Favor of Tobacco Company in Negligence and Strict Liability Case

Published on: December 15, 2014 | by Friedman Rodman Frank & Estrada, P.A.

In Whitney v. RJ Reynolds Tobacco Co., a woman filed a strict liability and negligence lawsuit against a tobacco company in a Florida state court over the company’s allegedly defectively designed cigarettes. According to the woman, the design defects made her more apt to become addicted to cigarette smoking. As a result, the woman purportedly suffered lung cancer.

At trial, the woman presented a great deal of evidence to support her claims. As part of her case, the woman obtained testimony from an expert physician. The doctor testified under oath that the purported design defects included in the tobacco company’s product made it more likely for smokers to become addicted. The physician also claimed that the cigarettes at issue made it possible for carcinogen-containing smoke to enter deeper lung cavities than other types of tobacco products. According to the expert, this made it more likely that a smoker who used the product at issue would develop cancer. In addition, the doctor stated the cigarettes did not deliver on their promise to reduce health risks by lowering the amount of tar in the product.