Today’s decision comes from In re: Proton Pump Inhibitor Products Liability Litigation—an MDL pending in New Jersey. But the decision is all about the 197 Michigan plaintiffs in the MDL. The plaintiffs who either live in Michigan, got their prescription in Michigan, were diagnosed with their injury in Michigan, and/or received treatment for their
Michigan
More on a Great D.N.J. Decision Dismissing Two Plaintiffs’ Hernia Mesh Claims

We have promised ourselves that we will stream this week’s “This Is Us” episode when we finish this blog post. We love this series beyond reason, and we dread its imminent demise, notwithstanding the title’s grammatical transgression. (We generally condition any sort of allegiance on correct use of predicate nominatives.) We are struck, over and…
Michigan Appellate Court Won’t Force Hospital to Administer Ivermectin to Covid Patient
Unintended Consequences for Software Liability?

We have been following the issue of potential product liability for software, including in connection with medical devices, for a while. Much of our attention, predictably, has been on FDA regulation of device software, including issues related to resistance to hacking to obtain information or cause harm. Like here, here, here, and…
FNC Won’t Let Mass Litigation Tourism Be
Excellent Infuse Preemption Decision out of Eastern District of Michigan
One, Two, Three Strikes You’re Out

With new grass on the field, the 2019 baseball season is underway and optimism springs eternal. Here in Philadelphia, the Phillies have actually around the top of the NL east for the first time since, umm…., last year actually. But this year, having added possibly the best player and best catcher in the league,…
E.D. Michigan Dismisses Hernia Mesh Case for Lack of Safer Alternative

A product is not defective simply because someone was harmed by it. That seems a simple enough point. Courts often acknowledge it, though sometimes in a perfunctory, mumbling fashion. What gives teeth to the mumbling is when state law requires the plaintiff to show a safer alternative product. If really pressed, many plaintiffs cannot articulate…
Michigan’s Product Liability Immunity Statute Remains an Absolute Defense

This post comes from the Cozen O’Connor side of the blog.
Michigan’s product liability statute says that a drug is neither defective nor unreasonably dangerous, and the manufacturer and seller cannot be liable in a product liability suit, if the FDA approved it and the drug and its labeling were in compliance with that…
Michigan Strikes Back . . . In Pennsylvania

A (relatively) long time ago in a state not so far away, the Michigan Legislature enacted the Michigan Product Liability Act. It contained a provision providing the manufacturers of FDA-approved drugs with immunity from product liability absent the application of two narrow exceptions. A challenge to the constitutionality of the provision soon followed and the…