Mason v. Smithkline Beecham Corp.

HLG — Tue, 02 Mar 2010 16:26:18 +0000

Mason v. Smithkline Beecham Corp., No. 08-2265 (February 23, 2010) The 7th Circuit held that the district court erred in granting defendant-drug manufacturer’s motion for summary judgment in state law claims alleging that defendant was negligent for failing to warn plaintiffs’ decedent that taking Paxil increased risk of suicide among young adults. The district court had incorrectly relied upon the US Supreme Court’s Wyeth decision (129 SCt 1187), because in this case, the plaintiff’s claims were not preempted since defendant failed to establish – under the clear evidence standard – that the FDA would have rejected plaintiffs’ proposed warning.

Jablonski v. Ford Motor Company

HLG — Wed, 10 Feb 2010 22:02:41 +0000

Jablonski v. Ford Motor Company, No. 5-05-0723 (February 1, 2010). A jury verdict for $43 million, including $15 million in punitive damages is upheld in this products liability action. Plaintiffs, in 1993 Lincoln Town Car, were rear-ended in dead center of car, at about 60 mph; fuel tank was crushed, and pipe wrench in trunk pierced fuel tank and caught fire immediately; both were severely burned and one Plaintiff died.Notably, the court declined to extend due-process analysis of excessive punitive-damage awards to liability for punitive damages. Court concluded both parties received fair trial, as jury heard extensive evidence from both sides, and contested issues were fully and fairly presented.

Also of note: (1) The Court held that Defendant failed to submit special interrogatories and thus cannot claim prejudice on claim alleged to be unsupported by sufficient evidence; and (2) Plaintiff was allowed to admit evidence of Defendant’s pre-injury, post-sale safety improvements, as policy considerations that bar admission of post-accident remedial measures are inapplicable.

HUNDLEY LAW GROUP » products liability

Mason v. Smithkline Beecham Corp.

Jablonski v. Ford Motor Company