Articles Posted in Machinery

Last week, a Senate Committee held a hearing on medical devices, specifically the Medical Device Safety Act of 2009. AAJ held a press conference before the hearing and several victims of faulty medical devices attended. One of the victims spoke at the conference and also testified before the committee.

To read more about the Senate Committee hearing.

To read a press release on the hearing.

A personal injury and product liability lawsuit has been filed against C.R. Bard Inc., a medical device maker. The lawsuit contends that the company made a defective device. The product liability victims claim that the use of the device to treat pelvic organ prolapse caused them personal injuries.

To read more about the product liability lawsuit.

A recent Newsweek online article looked into the possibility that software companies may soon be subject to product liability lawsuits for flaws in their programs that allow hackers in. A likely defendant in a lawsuit like this would be Microsoft, simply because its software is everywhere. Software makers have traditionally argued that software is not a “product” subject to product liability laws. Experts now expect more significant litigation is on the horizon.

To read more about software product liability lawsuits.

With all of the recently blogged recalled products, Levin & Perconti wanted to make you aware of how you can report an unsafe product to the government if you receive personal injuries.

The Consumer Products Safety Commission has an online form to report dangerous products here.

A woman has filed a personal injury lawsuit against Yahama after she was hurt while riding in one of Yamaha’s Rhinos, a popular all-terrain vehicle. The product liability lawsuit alleges that the plaintiff suffered an injury to her right leg when the ATV rolled over toward the passenger side.

To read more about the ATV injury lawsuit.

Chrysler and GM’s bankruptcy proceedings are continuing to raise concerns and advocates are working hard to ensure that citizens injured by defective vehicles are not excluded or ignored. The Supreme Court refused to intervene in Chrysler’s sale to Fiat unfortunately. There is concern that the bankruptcy of GM may follow a similar path.

To read more about the injured victims left out of the process.

Dozens of medical device lawsuits have been filed around the nation, questioning whether the FDA has been regulating medical devices with rigor. These lawsuits involve a vaginal sling, used to control urinary leaks. These lawsuits highlight the importance of the medical device bill currently in the legislature.

To read about the complications.

To read about the medical device bill.

Levin & Perconti posted a blog about the medical device bill yesterday that would provide recourse for product liability victims if they are injured by a medical device approved by the FDA. You can listen to some of the victims of medical device preemption below:


Congressional Democrats recently introduced measures to allow consumers who receive personal injuries by a medical device approved by the FDA to file product liability lawsuits against the device manufacturer in state court. The move came following the Supreme Court Wyeth v. Levine ruling that allows patients to sue drug makers in state courts.

To read more about the Congressional medical device bill.

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