Product Liability Defense
PHARMACEUTICAL & MEDICAL DEVICE DEFENSE
TMS represented a Fortune 10 pharmaceutical manufacturer in federal court in Louisville in a case alleging that a drug caused Stevens-Johnson syndrome. TMS obtained a summary judgment based upon the learned intermediary doctrine. The case was appealed to the Sixth Circuit, which certified the issue to the Kentucky Supreme Court. The Kentucky Supreme Court held that the learned intermediary doctrine is a viable defense under Kentucky law.
Obtained unanimous defense verdict for medical device manufacturer in Delaware state court. Several weeks after implantation of a plate and screws during anterior lumbar spinal fusion surgery, two of the screws broke, and plaintiff alleged defective design.
Obtained unanimous defense verdict for medical device manufacturer in New York federal court. Following a motor vehicle accident that resulted in multiple fractures, plaintiff underwent surgical repair of her femur, including implantation of a plate and screws. The plate broke eighteen months later, and plaintiff alleged defective design.
Obtained unanimous defense verdict for medical device manufacturer in West Virginia federal court. Surgically implanted elbow plate broke several weeks after implantation, and plaintiff alleged defective design.
Obtained summary judgment on behalf of automobile manufacturer on all of plaintiff's product liability claims, the court reasoning that plaintiff was a "commercial purchaser" and thereby limited to its written contractual remedy, which had since expired.
AUTOMOTIVE
Defense verdict in automotive case. This was a wrongful death claim alleging that an automobile was defectively designed. TMS represented a Fortune 10 manufacturer and obtained a defense verdict in Jefferson County
Automotive directed verdict. Plaintiff filed suit in Graves County alleging hearing loss after deployment of an airbag. TMS moved for a directed verdict at the close of plaintiff's proof, and the motion was granted.
Automotive defense verdict. This Jefferson County wrongful death case involved allegations of defective brake and accelerator pedal design. TMS represented a Fortune 10 company, and the jury returned a defense verdict.
Automotive defense verdict. A Shelby County plaintiff claimed that a defectively designed fuel tank caused four deaths. TMS obtained a defense verdict.
Defense verdict in seatbelt case. This Leslie County case involved claims for wrongful death and brain injury as a result of alleged defect in a seatbelt system. TMS obtained a defense verdict.
ASBESTOS LITIGATION
Summary judgment in mesothelioma case. TMS received a summary judgment in Jefferson County in favor of an asbestos manufacturer in a mesothelioma case. Summary judgment was granted on product identification grounds.
Summary judgment in mesothelioma case. Plaintiff claimed that he contracted mesothelioma from alleged exposure to asbestos-containing components. TMS obtained summary judgment on behalf of a Fortune 10 company on product identification grounds.
Defense verdict in mesothelioma case. TMS obtained a defense verdict in Anderson County on behalf of a Fortune 10 company. Plaintiff claimed that he had contracted mesothelioma due to alleged exposure to asbestos-containing products.
Asbestos summary judgment. TMS obtained summary judgment in Jefferson County on behalf of a Fortune 100 manufacturer in a mesothelioma case.
Asbestos summary judgment. TMS obtained a summary judgment in favor of a Fortune 500 manufacturer in a mesothelioma case in Fayette County. The summary judgment was based upon expiration of the statute of limitations.
Asbestos summary judgment. This was a mesothelioma case in Marshall County. TMS obtained summary judgment on causation grounds.
OTHER PRODUCTS
Federal court dismissal of lawnmower case. TMS convinced a federal district judge in Louisville to set aside a default judgment and injunction against a lawnmower manufacturer, and then obtained voluntary dismissal of all claims after moving to dismiss on personal jurisdiction grounds.
Summary judgment in tractor case. A federal judge in Frankfort granted summary judgment in favor of a tractor manufacturer based upon lack of qualifications of plaintiff's expert.