Posts Tagged ‘product liability’

Suit claims Crest mouthwash stains teeth

August 8, 2009

“Mark Rossman of suburban Detroit is suing Procter & Gamble Co., saying his teeth have stains on the edges after he used Crest Pro-Health mouthwash.

“My wife asked me, ‘What’s on your teeth?'” he said Thursday after his partners in Troy filed a lawsuit in federal court in Detroit. “I flossed, brushed — it wouldn’t come off.

“I didn’t even think of the mouthwash until I did some Internet research and saw complaints,” Rossman, 34, said.

A P&G spokeswoman, Laura Brinker, declined to comment on the lawsuit but said “99.9 percent” of users have not complained.”

Antibiotic Levaquin: next mass tort candidate?

May 29, 2009

“Three new Levaquin Lawsuits have been filed against Johnson & Johnson and Ortho-McNeil-Janssen Pharmaceuticals in New Jersey state court, joining other similar cases filed in state and federal courts throughout the country, alleging that the antibiotic caused plaintiffs to suffer painful tendon ruptures.

Levaquin (levofloxacin) was first approved by the FDA in December 1996 to prevent infection by stopping reproduction of bacteria. However, a number of users have developed Levaquin tendon ruptures and tendonitis as a side effect of the medication, which the complaints allege Johnson & Johnson failed to adequately warn about.”


Wendy’s hopes to stop cartilage lawsuit

May 24, 2009

Wendy’s International Inc. is hoping that Pilgrim’s Pride Corp.’s bankruptcy case will halt a lawsuit brought by a Pennsylvania woman who lacerated her mouth with a piece of chicken cartilage while munching on Wendy’s chicken nuggets.

Attorneys for Wendy’s, a unit of Wendy’s/Arby’s Group Inc., want a bankruptcy judge to halt the lawsuit – even though the fast-food company is not in bankruptcy – because Pilgrim’s Pride indemnified Wendy’s against liabilities. The woman had filed suit last year against the restaurant chain and Pilgrim’s Pride, the supplier of Wendy’s all-white-meat Crispy Chicken Nuggets.”

New chinese drywall suit filed in Florida

April 28, 2009

This suit maybe the first on the “Treasure Coast.”

“The owners of a town house in the Tradition neighborhood of Port St. Lucie have filed a lawsuit in Circuit Court against the builder Centerline Homes for using Chinese-made drywall.

In the lawsuit, Frank and Mark Gitto claim the Chinese drywall built into their home at 10360 Stephanie Way in 2005 is the type that “emits various sulfide gases and/or other chemicals” creating “noxious, ‘rotten-egg-like’ odors.”

The suit, believed to be the first on the Treasure Coast to address possible problems with Chinese drywall, claims the “off-gassing” also can corrode air-conditioner and refrigerator coils and other wiring as well as household utensils and jewelry.”

Victoria’s Secrets faces multiple product suits

February 10, 2009

According On Point, here are a list of product liability suits against Victoria’s Secrets that have come up in the past year or so.  Some of them are class actions, some aren’t, most are related to undergarments causing a rash, some are from flying objects that have popped off undergarments and caused injury.






Jerilyn Amaya (USDC, S. Fla.) *

Adverse side effects from undergarments.

Filed 11/17/08

Linda Bryk (USDC, N.J.) *

Adverse side effects from undergarments.

Motion to transfer venue pending

Deborah Keck (Marin County Superior Ct., Calif.)

Rash from “unknown chemical, toxin, or allergen” in bra.

Filed 1/14/09

Jessica Lang (USDC, S.C.) †

Bra “malfunctioned, lacerating Plaintiff’s chest and left breast.”

Jury trial 12/2/09

Kimberly Moses (USDC, E. N.Y.) *

Adverse side effects from undergarments.

Filed 11/19/08

Macrida Patterson (Los Angeles Superior Ct.)

Defective Sexy Little Thing thong caused eye injury.

Jury trial 6/5/09

Vilma Ramos (Bronx Supreme Ct.)

“Severe personal injuries” from defective bra.

Filed 1/2/08

Roberta Ritter (Cuyahoga County Ct. of Common Pleas) *

“Adverse physical effects” from undergarments.

Class certification hearing 8/19/09

Tammy-Lynn Shiley (Camden County Superior Ct., N.J.)

Rash and infection from defective bra.

Filed 6/23/08

Sandra Shimshock (USDC, N. Ohio) *

Failure to warn of adverse side effects from undergarments.

Plaintiff dismissed case 12/5/08

Sunday Special: Learning from Lawsuits

November 16, 2008

I write a lot about recently filed lawsuits, mostly class actions focused on bad business practices.  I think lawsuits are a window into a company, a relunctantly revealed window and sometimes distorted or even inaccurate view on how a company operates.  Here are four things to consider about a sued company when reading the complaint.

*Actual corporate name: many businesses don’t want you to know their product line or their doing business name.  It useful to peel that away and understand that what you thought was a mom and pop provider of lemonade is actually a conglomerate, selling insurance or tanks as well as the product you love so much.

*State of incorporation: maybe you’ve had a problem with the company too and if you know the state where the company is incorporated you can search that state’s secretary of state records and find out who the contact is to sue.

*Product or service in question: maybe you were thinking about buying a washing machine from this company and the complaint tells you that they’ve blown up in customer kitchens and that the company has claimed it was the customer’s fault.  That might make you think twice from buying that brand.

*Who else got sued: In product cases, its common for plaintiffs to sue competitors, component part manufacturers, whole-sellers, distributors and retailers.  Just by reading the defendant names and how they are connected in the manufacturer, distribution and sales of a product, you can understand very quickly the inter-relationships between key players and have gather critical industry intel in a couple minutes.