Massachusetts state and federal courts issued a number of
interesting product liability decisions in 2014. The Product
Liability and Toxic Tort Litigation Group at Nutter McClennen &
Fish LLP recently reviewed these cases. Highlighted below are some
of the key cases and issues decided in the past year.
Genereux v. Raytheon Co., 754 F.3d 51
(1st Cir. 2014): The Supreme Judicial Court, not the First Circuit
Court of Appeals, must determine whether a cause of action for
medical monitoring can lie under Massachusetts law where plaintiffs
merely faced an increased risk of harm. (Selya, J.)
Kerrin v. Titeflex Corp., 770 F.3d 978
(1st Cir. 2014): In contrast to Genereux, in the same year
the court decided Kerrin v. Titeflex Corp., where in
conducting an injury-in-fact analysis for Article III standing
purposes, the First Circuit recognized that exposure to an
increased risk of future injury may constitute an injury in fact.
However, the Court stated that those who assert such claims must
allege sufficient facts to permit a court to evaluate the
likelihood that the alleged defective product risk will occur.
(Lynch, Chief J.)
Zeman v. Williams, 2014 WL 3058298 (D.
Mass. July 7, 2014): The Court refused to dismiss plaintiffs'
claim for negligent drafting of a clinical trial's informed
consent against the trial's sponsor stating that the FDA's
regulations could be interpreted to imply a duty of the sponsor for
warnings provided in the informed consent. (O'Toole, J.)
Ferreira v. Chrysler Group LLC, 468 Mass.
336, 13 N.E.3d 561 (2014): A car manufacturer has a statutory duty
to defend a dealer under M.G.L. c. 93B, § 8(a), even in the
absence of a negligent design or manufacture claim, where the
dealer promptly notifies the manufacturer in writing of the
assertion of a claim alleging damages arising from a defective car
or part caused solely by the fault or neglect of the manufacturer.
(Gants, J.)
Albright v. Boston Scientific Corp., 2014
WL 3880506 (Mass. Super. July 29, 2014): Jury delivers a defense
verdict in the first trial of over 500 pelvic mesh cases relating
to Boston Scientific's products pending in Massachusetts.
DiPasquale v. Suburban Propane Limited
Partnership, 11-CV-1539-F, 2014 WL 7343976 (Mass.
Super. Dec. 22, 2014): Companies that include warnings regarding
another's product in their instructions for use voluntarily
assume a duty to warn. (Curran, Assoc. J.)
For a more comprehensive analysis of the decisions
discussed above, please click here.
Nutter's Product Liability: 2014 Year in Review is a
publication of the Product Liability and Toxic Tort Litigation
Group of Nutter McClennen & Fish LLP in Boston. The bulletin
was prepared by Shagha Tousi, Rebecca H. Gallup, and Alison T.
Holdway, with editorial assistance from Andrew J. McElaney, Jr.
This update is for information purposes only and should not be construed as legal advice on any specific facts or circumstances. Under the rules of the Supreme Judicial Court of Massachusetts, this material may be considered as advertising.