Design Defect Archives

Design Defect Related Blog Posts

First Bellwether Starts in Massive 3M Earplugs MDL

Apr 7 2021

In late March 2021, the massive consolidated case concerning defective 3M combat earplugs lurched forward with a bellwether. This bellwether consolidates three cases (of the MDL’s 229,397 actions) in Florida’s Northern District Court. It’s intended as a harbinger of how…

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Liability Suits Filed After FDA Recall of Medtronic MiniMed Insulin Pumps

Sep 8 2020

The Class I recall, the most serious type of FDA recall, announced the regulatory agency’s discovery that the insulin pumps were incorrectly dosing insulin and that use of the devices could cause serious injury or death. At least two lawsuits…

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Design Defect Expert Witness Case Studies

Medical Error in Hernia Mesh Repair Surgery Results in Septic Death

Jul 19 2022

Case Summary This case involves an obese male patient with a past medical history of diabetes. The patient then underwent hernia mesh repair surgery for an incarcerated ventral hernia. Post-operatively, the patient was then discharged with instructions to follow up…

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Securities Expert’s Analysis of Empirical Studies Excluded

Jan 12 2022

Court: United States District Court for the District of Arizona Jurisdiction: Federal Case Name: Smilovits v. First Solar Inc. Citation: 2019 U.S. Dist. LEXIS 221424 The plaintiffs claimed that once the company revealed the product’s flaws to the public, the…

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Radiology Expert Permitted to Rely on Other Expert Reports in Medical Device MDL

Jun 8 2021

Court: United States District Court for the District of Arizona Jurisdiction: Federal Case Name: In re Bard Ivc Filters Prods. Liab. Litig. Citation: 2017 U.S. Dist. LEXIS 211400 In this medical device MDL, the plaintiffs retain a radiology expert witness.…

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Engineering Expert’s Methodology Questioned for Lacking Testing and Reconstruction

Jun 8 2021

Court: United States District Court for the Western District of New York Jurisdiction: Federal Case Name: Hernandez v. Pitco Frialator, Inc. Citation: 2019 U.S. Dist. LEXIS 187690 The defendant alleges the expert has not demonstrated appropriate methodology. The defendant alleges…

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Aerospace Engineering Expert Challenged for Suggesting Safety Design Features Without Hands-On Evaluation

Apr 27 2021

Court: United States District Court for the Northern District of Illinois, Eastern Division Jurisdiction: Federal Case Name: Hasan v. Cottrell, Inc. Citation: 2014 U.S. Dist. LEXIS 116748 In this case, the plaintiff retains an aerospace engineering expert witness to opine…

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Accident Reconstruction Expertise Doesn’t Qualify an Expert to Opine on Tire Failure

Jan 12 2021

Court: United States District Court for the Western District of Texas, Waco Division Jurisdiction: Federal Case Name: Haines v. Webb Citation: 2014 U.S. Dist. LEXIS 200885 In this vehicle collision case, a Texas court precluded the accident reconstruction expert’s testimony…

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Laptop Battery Pack Allegedly Causes Fatal House Fire, Killing Teen

Jul 21 2020

Court: United States District Court for the Eastern District of Wisconsin Jurisdiction: Federal Case Name: Gopalratnam v. Hewlett-Packard Co. Citation: 2017 U.S. Dist. LEXIS 40386 Facts The plaintiffs’ son bought an HP laptop that contained a battery pack manufactured by…

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ATV Expert Report Contradicts Victim’s Account of 50 Foot Plunge in Off-Roading Accident

Jul 9 2020

Court: United States District Court for the Middle District of Tennessee, Nashville Division Jurisdiction: Federal Case Name: Gummo v. Ward Citation: 2014 U.S. Dist. LEXIS 154040 In this case, the defendant moves to dismiss the plaintiff’s ATV expert’s testimony. The…

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Sports & Recreation Expert May Opine on Defective Flag Football Belt Despite No Prior Design Experience

Jun 25 2020

Court: Civil Court of the City of New York, Kings County Jurisdiction: Federal Case Name: Delgado v. Markwort Sporting Goods Co. Citation: 2006 N.Y. Misc. LEXIS 685 This case highlights an expert specialty that arguably requires both technical and practical…

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Design Defect Related Blog Posts

First Bellwether Starts in Massive 3M Earplugs MDL

Liability Suits Filed After FDA Recall of Medtronic MiniMed Insulin Pumps

Design Defect Expert Witness Case Studies

Medical Error in Hernia Mesh Repair Surgery Results in Septic Death

Securities Expert’s Analysis of Empirical Studies Excluded

Radiology Expert Permitted to Rely on Other Expert Reports in Medical Device MDL

Engineering Expert’s Methodology Questioned for Lacking Testing and Reconstruction

Aerospace Engineering Expert Challenged for Suggesting Safety Design Features Without Hands-On Evaluation

Accident Reconstruction Expertise Doesn’t Qualify an Expert to Opine on Tire Failure

Laptop Battery Pack Allegedly Causes Fatal House Fire, Killing Teen

ATV Expert Report Contradicts Victim’s Account of 50 Foot Plunge in Off-Roading Accident

Sports & Recreation Expert May Opine on Defective Flag Football Belt Despite No Prior Design Experience

Top Level Disciplines

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