Today’s case is Thelen v. Somatics, LLC, 2023 WL 3338221 (M.D. Fla. May 5, 2023). It is a straightforward products liability case involving a medical device used in electro-convulsive therapy. Plaintiff alleges the device caused a permanent neurological injury, memory loss, and brain damage and that the manufacturer is liable for failure to warn
Consumer Expectation
Design Claims Fail Under Consumer Expectations Test With An Adequate Warning
By Eric Alexander on
Plaintiffs tend to assert a bunch of different claims. For prescription medical device cases, setting aside preemption, our experience is that plaintiffs do best—that is, avoid summary judgment and directed verdict—with design defect (strict liability or negligence) claims. One reason for that is that it tends not to be hard to make up some theory,…
Medical Device Summary Judgment Win in Florida
By Michelle Yeary on
A Double Whammy for California Design Defect Claims
By Bexis on
Finally, some good news out of California – at least when personal jurisdiction isn’t the issue.
Design and warning defects were the questions presented in Trejo v. Johnson & Johnson, ___ Cal. Rptr.3d ___, 2017 WL 2825803 (Cal. App. June 30, 2017), and the result, particularly on the design side, was much more to…