Articles Tagged with Boston product liability

Two drug companies have been ordered to pay $67 million over false claims made regarding the efficacy of cancer drug Tarceva, the U.S. Justice Department announced.whitepills

The drug is approved for some patients who suffer from non-small cell lung cancer or pancreatic cancer. However, OSI Pharmaceuticals LLC and Genetech Inc. reportedly misled consumers about how effective the drug was in treating non-small cell lung cancer.

This settlement was reached after allegations that between January 2006 and December 2011, the two drug makers promised the product would be effective for non-small cell lung cancer patients. What they failed to disclose was that research had shown it only worked if the patients hadn’t ever smoked or had any sort of mutation in their epidermal growth factor receptor. The latter is a protein that has been traced to the spread of cancerous cells. Continue reading

According to a recent news article from CBS, Ford Motor Company is recalling approximately 391,000 Ford Ranger pickups manufactured between the years 2004 and 2006 after man died as a result on an airbag explosion.

dashboard-air-grill-1192876-225x300The recall was announced a few days after officials in South Carolina announced that a 52-year-old man from Kershaw was killed as result one of these defective airbags. Authorities say he was driving his Ford Ranger when he crashed into a cow that was in the road. After hitting the cow, he spun into a fence. His airbag deployed at some point during this accident, either when he hit the cow or the fence. Continue reading

Daniel v. Ford Motor Company, a case from the United States Court of Appeals for the Ninth Circuit, involved a plaintiff who filed a class action lawsuit against defendant in which he alleged that defendant breached its implied and express warranties and also engaged in fraud when selling vehicles with a defectively manufactured rear suspension system.

gavel-952313-mIn the Uniform Commercial Code (UCC) as adopted by the Commonwealth of Massachusetts, any merchant who sells a product to a consumer makes an implied warranty of merchantability. In this context, merchant means a regular seller of goods of a type. For example, if you buy a toaster oven from Sears, they are regular seller of that item and are therefore a merchant of goods of that kind. On the other hand, if you buy a lawnmower off Craigslist, it is more likely than not that the seller of the lawnmower was a not a lawnmower dealer but was simply selling his or her own used lawnmower. Since the seller is not a merchant, he or she is not giving an implied warranty of merchantability. However, he or she would still be liable for negligence if there was a known defect that caused a personal injury to buyer, and that known defect was never disclosed. Continue reading

The day after Thanksgiving officially kicks of the Christmas shopping season, as most people are well aware. This is supposedly the first day the retailers’ books go from red to black in terms of profit and losses, hence the name Black Friday. Following Black Friday, there is a Small Business Saturday, in which shoppers are encouraged to frequent small businesses when buying gifts, and there is, of course, Cyber Monday for internet sales of holiday gifts.   In other words, there will no shortage of ways to get discounts, and there will be a lot of crazed shoppers camped outside of their favorite stores to get the best deals of the season.

gift-1422193One of the most popular items will be whatever the media has chosen to be the big kids gift of the season. While there is nothing wrong with rushing out and grabbing the hottest new kids toys, it is important consider safety and avoid certain toys, like those that present choking hazards with small children. Continue reading

Every year, around the holiday season, a new product will hit the market, and it becomes a must-have for families across the county. This year, many think the so-called “hoverboard” will be that product.

sale-1430736-mFirst, it should be noted, these hoverboards do not hover by any stretch of the imagination. Most people associate the hoverboard with the fictional product Marty McFly used in Back to the Future II. This was the pink skateboard without wheels manufactured by Mattel in the movie. It allowed him to hover over the ground and ride on any surface other than water. Continue reading

Medical marijuana is gaining support across the county, and some states are going so far as to legalize marijuana for recreational purposes as well.   Medical marijuana is now legal in the Commonwealth of Massachusetts, and anyone with an approved medical marijuana card and prescription from a doctor can legally obtain medical marijuana.

dutch-weed-2-jpg-1206038-mHowever, when one goes to purchase medical marijuana, they are supposed to go to a licensed dispensary where the drug is provided in a variety of ways, including edible products and liquids that can be ingested. The reason for this is because many people who are taking medical marijuana for health benefits do not want to have to inhale cancer-causing smoke.   The medical marijuana sold in these dispensaries is supposed to be medical grade and heavily regulated and inspected for quality and safety. This is not the same marijuana people have buying on the street for decades, according to those in the industry. Continue reading

Hoards of testosterone products have been heavily marketed to men in recent years, promising increased vigor, stamina and health. Drug manufacturers marketed these to males who reportedly suffered from “Low-T,” or an inadequate level of the hormone. workingout

We are now learning the reality is not only are these drugs ineffective for that purpose, they may actually cause a substantial amount of harm.

A new study conducted by researchers at the University of California Santa Barbara and published in the Journals of Gerontology: Medical Sciences indicates these drugs are linked to a markedly increased risk of diabetes and prostate enlargement.