Mealey's Personal Injury : Mealey's : Legal News & Analysis

Mealey's Personal Injury

October 07, 2025
Woman Says Dupixent Caused T-Cell Lymphoma, Death Of Her Mother, Sues Drugmakers

NASHVILLE — A daughter has sued the manufacturers of Dupixent, a prescription medication used for the treatment of asthma and inflammatory skin conditions, in a Tennessee federal court, alleging that her mother died of T-cell lymphoma that was caused by the injection of the drug and that the drugmakers failed to warn about the risk.
October 03, 2025
Hawaii Smoker May Seek Punitive Damages For Personal Harm Only, Judge Says

LIHUE, Hawaii — A Hawaii state judge granted in part and denied in part two tobacco companies’ motion to dismiss a personal injury lawsuit filed against them by a smoker with bladder cancer and his wife, dismissing the smoker’s claim for fraud and partly dismissing his claim for punitive damages, writing that the smoker may seek punitives for “harm to himself,” but not harm to “society.”
October 02, 2025
Judge Awards $10 Million In Punitive Damages In J&J Asbestos-Talc Case

BRIDGEPORT, Conn. — A Connecticut judge on Oct. 1 added $10 million in punitive damages to a $15 million verdict, saying the evidence showed that the company employed sub-standard testing and choose to accept only evidence that supported the conclusion that its products were free of asbestos.
October 01, 2025
Insurer Argues 7th Circuit Should Affirm Judgment, Find Exclusion Applies

CHICAGO — An insurer asked the Seventh Circuit U.S. Court of Appeals to affirm a lower court’s grant of judgment on the pleadings to the insurer in its suit seeking a declaration that it has no duty to defend or indemnify a roofing contractor in an underlying suit alleging that the contractor’s negligent repair work contributed to the collapse of a building’s façade, which killed two people, arguing that a Prior Work Exclusion applies to bar coverage for the underlying action.
September 25, 2025
Oral Arguments Held In Appeal Of $475K Punitive Award For Smoker’s Estate

WEST PALM BEACH, Fla. — Attorneys representing a tobacco company urged the Fourth District Florida Court of Appeal during oral arguments on Sept. 24 to reverse or order remittitur of a $475,000 punitive damages verdict awarded in favor of the estate of a dead smoker, arguing that the award is excessive because it is 11 times greater than the compensatory damages the estate was awarded.
September 25, 2025
Character Technologies Facing 3 More Suits Over Chatbots’ Harm To Minors

Character Technologies Inc., its founders and related companies were hit with a trio of strict liability and negligence lawsuits claiming that the company’s artificial intelligence chatbots caused mental and physical harm to minors. The suits, filed in federal courts in Colorado and New York federal courts, bring to six the number of known suits claiming harm to minors from the company’s chatbots.
September 24, 2025
Plaintiffs With Cancer Say Monsanto Misrepresented Evidence Of Roundup’s Toxicity

WILMINGTON, Del. — Individuals who have cancer sued Monsanto Co. and one of its affiliates in Delaware state court alleging that the companies are liable for causing their injuries because they negligently misrepresented the evidence regarding the genotoxicity and carcinogenicity of the herbicide Roundup.
September 23, 2025
Motorists Struck By Speeding LAPD Officer Receive $18M Settlement From City

LOS ANGELES — Los Angeles and two motorists injured in a collision with a police car driven by a city officer, who was driving 80 miles per hour in a 45 mile per hour zone without lights or sirens “trying to catch up” to a speeder, reached an $18 million settlement several days after the start of a trial on their state court lawsuit.
September 22, 2025
Appellants Argue Reinsurer Was ‘De Facto Insurer’ In $844M Crash Coverage Appeal

MIAMI — Survivors of a 2016 plane crash and representatives of the deceased filed a brief in a Florida appellate court, arguing that a reinsurer acted as a “de facto insurer” and that state law accordingly permits them to pursue independent bad faith and coverage claims despite a trial court’s dismissal of their amended complaint that sought to enforce approximately $844 million in consent judgments.
September 22, 2025
Illinois Federal Judge Agrees To Limit Life Care Planning Expert’s Testimony

SPRINGFIELD, Ill. — A life care planning expert retained in a medical negligence case can opine on the costs associated with the future care of a woman who alleges that her medical treatment was inadequate but cannot base that testimony on her selection of necessary medical codes, an Illinois federal judge ruled Sept. 19.
September 19, 2025
Prison Doctor Wins Summary Judgment After Expert Out In Deliberate Indifference Case

RICHMOND, Va. — An expert retained by a former inmate who alleges that delayed medical care worsened his injuries cannot testify after a federal judge in Virigina found that his report does not comply with Federal Rule of Civil Procedure 26 and that his medical opinions are inadmissible under Federal Rule of Evidence 702.
September 19, 2025
Tobacco Defendants Object To Opening Statements In Widow’s Wrongful Death Suit

SPRINGFIELD, Mass. — Two tobacco companies and a local retailer filed objections to certain allegedly improper comments in the opening statement of a smoker’s widow after her wrongful death trial kicked off in Massachusetts state court, where the widow claims that her husband was deceived by the tobacco companies into believing filtered cigarettes were safer before he died from lung cancer at age 55. VIDEO FROM THE TRIAL IS AVAILABLE.
September 19, 2025
Experts Out In Gun Design Defect Case; Manufacturer Wins Summary Judgment

RALEIGH, N.C. — A North Carolina federal judge granted summary judgment to a gun manufacturer after excluding two experts retained by a man who claims that his firearm accidently discharged and caused injuries.
September 18, 2025
Case By Prisoners Alleging Prison Mismanagement Of COVID-19 Settles

GRAND RAPIDS, Mich. — Having been informed that the parties settled the case, a Michigan federal court dismissed with prejudice a lawsuit by prisoners alleging civil rights violations by prison officials stemming from their management of the prison in response to COVID-19.
September 18, 2025
Arizona High Court Strikes Down Limited Immunity For COVID-19 Treatment Providers

PHOENIX — A divided Arizona Supreme Court affirmed the judgment of a state appellate court, which held that a state statute enacted to grant medical providers immunity for ordinary negligence in treating patients with COVID-19 was unconstitutional as violative of Arizona’s anti-abrogation clause.
September 17, 2025
California Bill Seeks To Curb Harm To Minors From AI Chatbots

SACRAMENTO, Calif. — As the number of lawsuits alleging that minors were harmed by the use of artificial intelligence chatbots continues to grow, the California State Legislature passed a measure designed to ensure AI companions will not promote self-harm.
September 16, 2025
Philips Recalls Batch Of Sleep Apnea Devices, Citing Software Issues

SILVER SPRING, Md. — Philips Respironics has recalled certain continuous positive air pressure (CPAP) and bi-level positive air pressure (BiPAP) sleep apnea devices because of a software error, the U.S. Food and Drug Administration said.
September 16, 2025
Character Technologies Defendants Belong In Florida Court, Family Says

ORLANDO, Fla. — Character Technologies Inc.’s cofounders knew the danger artificial intelligence chatbots posed, dominated management of the company and actively participated in the misconduct that led to a child’s suicide, a mother tells a federal judge in arguing that the court has jurisdiction. In a Sept. 15 docket entry the court granted the defendants leave to file reply briefs.
September 16, 2025
Parent Files Wrongful Death Suit Against Roblox, Discord Over Teen Son’s Suicide

SAN FRANCISCO — The mother of a 15-year-old boy who committed suicide after purported sexual exploitation through online apps filed suit in a state court against Roblox Corp., which describes its app as “a platform for communication and connection,” and Discord Inc., whose app is described as “a voice, video, and text communication platform,” alleging negligence and other claims for their failure to protect her son from harm by a child predator using the platforms.
September 16, 2025
Benton Harbor Residents Say Water Plant Operator’s Conduct Was ‘Shocking’

GRAND RAPIDS, Mich. — Residents who have sued Benton Harbor, Mich., and its officials over lead contamination in drinking water have filed a brief in Michigan federal court arguing that Benton Harbor Water Plant operator Michael O’Malley’s conduct was “deliberately indifferent and shocking,” therefore his motion for summary judgment dismissal of the lone remaining claim against him should be denied.
September 16, 2025
Ladder Company Awarded Summary Judgment After Expert Deemed Inadmissible

ST. LOUIS — A ladder manufacturer secured a summary judgment award after a Missouri federal judge found that a man’s expert was unqualified to render an opinion on a manufacturing defect under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals Inc.
September 16, 2025
Oregon Jury Awards $33 Million In Shipyard Laborer’s Asbestos Gaskets Case

PORTLAND, Ore. — An Oregon jury awarded a former shipyard laborer $33 million after he developed mesothelioma from exposure to asbestos in John Crane Inc. gaskets and packing, attributing 30% of the liability to the company after finding that the conduct of four of 15 nonparties was also a substantial factor in causing the disease.
September 15, 2025
3M Removes AstroTurf PFAS Case Brought By Former Pro Baseball Players’ Widows

PHILADELPHIA — The 3M Co. on Sept. 12 removed to Pennsylvania federal court a lawsuit brought against it and other makers or suppliers of per- and polyfluoroalkyl substances (PFAS) by former players and some widows of former players for the Philadelphia Phillies baseball team who allege that the companies are liable for wrongful death and other harm due to the presence of PFAS in the artificial turf that was used for the surface of the baseball field in Veterans Stadium, the team’s former home stadium. 3M argues that the federal officer removal statute applies because the alleged PFAS contamination is linked to its manufacture of the firefighting agent aqueous film forming foam (AFFF) for the U.S. military and says the players’ alleged injuries stem from the fact that they drank local water, which is tainted with AFFF.
September 12, 2025
Dental, Drywall Companies Hit With $29M Asbestos Verdict By California Jury

LOS ANGELES — A California jury on Sept. 11 awarded $29 million to a man with mesothelioma, finding that joint compound and dental supply companies were liable and that the dental supplier acted with malice.
September 12, 2025
Federal Trade Commission Opens Investigation Into Chatbot Safety

WASHINGTON, D.C. — In the wake of lawsuits accusing artificial intelligence chatbots of improper conduct, including contributing to children’s deaths by suicide, the Federal Trade Commission announced Sept. 11 that it was launching an investigation into the measures seven artificial intelligence chatbot companies take to monitor how children and teens use the technology.