The Indiana Court of Appeals recently considered Bayer’s motion to dismiss the claims of more than 30 women who had suffered complications alleged to have been caused by Bayer’s Essure medical device. Bayer’s challenge was two-fold: (1) that the complaint itself was deficient and (2) that the claims were preempted…
The Indiana Supreme Court recently held in Brewer v. PACCAR, Inc. that a component part manufacturer (PACCAR) may have a duty to offer or install necessary safety features under Indiana’s Product Liability Act (IPLA). Because issues of fact existed as to whether the safety features were offered and necessary to…
Yes, according to the Indiana Supreme Court decision in Myers v. Crouse-Hinds Div. of Cooper Indus., Inc., 53 N.E.3d 1160 (Ind. 2016). In this case, the Court consolidated three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose as applied to plaintiffs who had suffered mesothelioma-related…
The Indiana Supreme Court recently held in Campbell Hausfeld/Scott Fetzer Co. v. Johnson that product misuse, like the defenses of incurred risk and product alteration, operates as a complete defense to bar recovery in product liability cases. While misuse is normally a question of fact for the jury, under this…
Our lawyers are currently investigating the FDA’s recall of Valsartan in an effort to determine whether a sufficient medico-legal basis will exist to file Valsartan lawsuits for those impacted. At this point, it is difficult to ascertain whether those who have taken Valsartan products contaminated with NDMA may have been…
There is a misconception among some that if a product is destroyed during a fire, that it will be too difficult to prove the product had a defect because no specific mechanism can be pinpointed as the cause and origin of the fire. However, in spite of manufacturing defendants’ attempts…
The world’s largest crop chemicals company–Switzerland-based Syngenta–is facing a wave of lawsuits arising out of the sale and marketing of a genetically modified (GMO) first generation corn seed called Agrisure Viptera with a corn trait known as MIR162. The claimants are a variety of individuals and businesses seeking damages and…