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FDA orders recall and destruction of infusion pumps

Shook Hardy & Bacon LLP
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USA
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May 13 2010

The Food and Drug Administration (FDA) has ordered a medical device manufacturer to recall and destroy some 200,000 infusion pumps currently in use in hospitals and health care clinics to accurately deliver fluids, such as nutrients and medications, into a patient's body

MDL court orders damages and fees for defective drywall remediation

Shook Hardy & Bacon LLP
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USA
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May 13 2010

The Louisiana federal court overseeing the multidistrict litigation (MDL) involving defective drywall imported from China has entered an order awarding more than $160,000 in damages in the case of one claimant following a non-jury trial conducted in March 2010

Federal court finds claim for compensation from vaccine injury fund timely

Shook Hardy & Bacon LLP
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USA
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May 13 2010

The Federal Circuit Court of Appeals has determined that a physician vaccinated for Hepatitis B timely filed a claim under the Vaccine Injury Compensation Program because the purported link between the vaccine and the multiple sclerosis (MS) symptoms she experienced in 1997 was not known until 2004, and she filed her claim less than 36 months thereafter

Tenth Circuit underscores significance of procedural rules in prescription drug litigation

Shook Hardy & Bacon LLP
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USA
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May 13 2010

A divided Tenth Circuit Court of Appeals panel has dismissed an appeal from a trial court's grant of a prescription drug maker's motion for summary judgment, ruling that because the appeal was not timely filed, the court lacked jurisdiction to consider it

U.S.-made drywall at issue in new class action

Shook Hardy & Bacon LLP
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USA
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May 27 2010

Mississippi homeowners have filed a putative nationwide class action against an American drywall manufacturer, alleging that the product "emits various sulfide gases andor other chemicals through 'off-gassing' that causes property damage and health hazards

Parts of defense expert witness testimony excluded in Children’s Tylenol litigation

Shook Hardy & Bacon LLP
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USA
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May 13 2010

A federal court in California has decided to exclude parts of the expert testimony proffered by a major retailer defending claims that Children's Tylenol Plus Multi-symptom Cold product caused the death of a 4-month-old child

CPSC proposes rule to establish procedures for product safety information database

Shook Hardy & Bacon LLP
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USA
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May 27 2010

The Consumer Product Safety Commission (CPSC) has released a notice of proposed rulemaking that would implement a requirement under the Consumer Product Safety Improvement Act of 2008 that the agency establish and maintain a publicly available consumer product safety information database

CPSC seeks comments on safety standards for bicycle helmets, multi-purpose lighters, mattresses

Shook Hardy & Bacon LLP
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USA
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May 27 2010

The Consumer Product Safety Commission (CPSC) is seeking comments "on the proposed extension of an existing collection of information" from manufacturers and importers of bicycle helmets, multi-purpose lighters and mattresses and mattress pads

Auto injury plaintiffs to appeal ruling affirming GM bankruptcy sale free of existing claims

Shook Hardy & Bacon LLP
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USA
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May 27 2010

Product liability claimants who lost their right to recover from General Motors LLC (GM) when that company's assets were sold in bankruptcy have reportedly filed a notice of their intent to file an appeal to the Second Circuit Court of Appeals

Louisiana bill aimed at closing Tulane Environmental Law Clinic dies in Committee

Shook Hardy & Bacon LLP
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USA
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May 27 2010

The Louisiana Senate Commerce Committee has reportedly shelved a bill (S.B. 549) that would have shut down the Tulane Environmental Law Clinic

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