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Earlier this year, the Eleventh Circuit Court of Appeals upheld a lower court’s dismissal of a proposed class action based on the plaintiffs’ failure to meet a number of the four required elements of class certification.

In Karhu v. Vital Pharm, Inc., the defendant manufactured and marketed a dietary supplement intended to help users lose weight. The defendant marketed the product for this purpose. The plaintiffs’ class action lawsuit alleged that the product did not in fact aid with weight loss as the defendant claimed. The plaintiffs sought to certify a class of product users nationwide.

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The automaker Hyundai recently announced that it is recalling a large number of midsize and compact cars sold in the United States. In total, the recall affects nearly 28,000 cars, including Elantras manufactured in 2010 and 2011, and Sonatas manufactured in 2009 and 2010. Hyundai’s Elantra and Sonata are two of the automaker’s top-selling cars in the United States.

The recall was issued because of defective front coil springs installed in the Elantras and Sonatas. According to the U.S. National Highway Traffic Safety Administration, road salt can cause the coils to corrode and fracture. Road salt is typically applied to improve driving conditions when roads are covered in snow or ice, but if a coil corrodes and breaks, one of the front tires could puncture. The result would be an increased risk of an accident.

To date, no injuries or accidents have been reported as a result of the defective coils. Accidents from defects often occur and are not reported. Hyundai plans to notify dealers and car owners living in the so-called “salt belt” that new coils will be installed free of charge in the cars affected by the recall. The salt belt includes many of the Mid-Atlantic, Northeast, and Midwestern states, including Illinois.

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In Saavedra v. Eli Lilly & Co., the plaintiffs brought suit against the manufacturer of the anti-depressant drug Cymbalta, alleging not that they overpaid for the product but that they were harmed because they received a product that had less value than what they expected to receive. The plaintiffs sought to certify four classes under consumer fraud protection statutes in four jurisdictions:  California, Massachusetts, New York, and Missouri. Initially, the trial court rejected these classes, stating that the plaintiffs had asserted an “unusual” theory of recovery. More specifically, the plaintiffs omitted any allegations indicating how they suffered or experienced the withdrawal symptoms.

Instead, the plaintiffs contended that they received a product that had less utility, which they defined as the benefit they believed they would receive from using the product. The trial court rejected this theory, noting that it focused only on the refund associated with users’ out-of-pocket costs. In reality, the prescription drug market’s price and value relationship is severed due to the nature of how prescription drugs are marketed and sold.

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According to a news report, a girl injured while boarding a city bus has sued the Chicago Transit Authority (CTA) and the bus driver for negligence. The girl is 16 years old. As a result of the accident, she required surgery to repair several fractures to her pelvic bones.

In the lawsuit, it is alleged that the bus driver opened the doors for the young girl to board the bus, but he pulled away from the stop with the doors still ajar. The girl then fell out of the bus, hit the ground, and was run over by the bus as the driver pulled away from the stop. The complaint also alleges that the driver left the scene of the accident without stopping to help the injured passenger or calling for help.

A lawyer for the girl’s family said that the lawsuit is intended to provide “justice for the family.” The lawsuit is seeking more than $50,000 in damages, including medical expenses. As part of the lawsuit, the family’s lawyer has asked the court to ensure that any videos or reports made by the CTA relating to the accident be preserved for review.

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Each year, roughly 35,000 to 40,000 individuals sustain serious injuries while using table saws. Due to the nature of how these products are used, one of the most common types of injuries involves the operator’s fingers, hands, and arms.

In the recent case of Ingram v. Sears, a man from Alabama filed a lawsuit against Sears Roebuck & Co. after he lost several fingers while using a Craftsman table saw when his fingers came into contact with the saw blade. Ultimately, the plaintiff required the amputation of several fingers on his left hand.

Asserting claims for relief under product liability, negligence, and breach of implied warranty theories, the plaintiff’s complaint states that the man was using the product in a reasonable manner and exercising all due care to ensure his own safety. Additionally, the plaintiff alleges that the defendant knew the table saw was dangerous when it designed, manufactured, marketed, tested, approved, inspected, and sold the device.

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Earlier this month near Springfield, a six-vehicle accident sent several people to the hospital with varying injuries and backed up traffic for hours. According to one local news source, the accident occurred at around one in the afternoon on Interstate 55, between Sixth Street and Toronto Road.

Evidently, a semi-truck was heading southbound on I-55 when he collided with the rear of a van that had slowed down on the highway. The truck skidded off the road and rolled over onto its side before coming to a complete stop. The collision between the truck and the van caused a chain-reaction accident that ultimately involved a total of six vehicles. Police told reporters that there were several other smaller accidents involving just a few cars that were caused as a result of the slowing traffic on the highway.

The drivers of the truck and the van were both taken by ambulance to Memorial Medical Center, where they were treated for serious injuries. One other person involved in the accident was also taken to the hospital. All hospitalized parties are expected to make a full recovery.

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In Buckley v. Align Technology, Inc., a plaintiff brought product liability challenges against the defendant regarding its Invisalign teeth straightening system. This device is a 3D printed product that helps users straighten misaligned teeth. The user receives a customized series of 3D printed mouth inserts that fit snugly around his or her teeth, encouraging the teeth to move in a direction that will help keep them straight. The device is only available by prescription from a dentist.

In this case, the plaintiff saw her dentist for treatment for malocclusion, which is a condition caused by wearing down of the teeth. The plaintiff claimed that the dentist who prescribed her Align product also took the dental impressions of her teeth that are needed to form the custom devices. The defendant received the impressions and created 3D printed molds for the plaintiff to wear. According to the plaintiff, after wearing the product for nearly two years, her condition had not improved.

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Since the Essure sterilization device was approved in 2002 by the U.S. Food and Drug Administration (FDA), over 5,000 reports have been made about injuries stemming from the use of the device. In a recent NPR report, a representative from the National Center for Health Research indicated that Bayer, the manufacturer of Essure, may not have provided the FDA with all the information it had regarding the device’s potential complications at the time Bayer sought approval of the device. Some of this research indicates that the device may fail up to 10 percent of the time.

The pressure to address Essure’s complications heightened earlier this month when Congress drafted a bill calling for the FDA to remove the device from the market within 60 days after numerous women testified at a Congressional hearing about how the device had negatively affected them.

Recently, the FDA’s Obstetrics and Gynecology panel convened to discuss the device and how patients can best assure their safe use of the product. The device is particularly popular due to its status as the only non-surgical and permanent birth control method that the FDA has approved.

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Earlier this month in O’Fallon, a truck driver was killed when the truck he was operating crashed on Interstate 64 near mile marker 19. According to one local news source, the accident occurred on a Thursday evening, and no other vehicles were involved.

Evidently, the tanker truck was traveling westbound on I-64 when witnesses reported seeing the truck swerving from side to side. After a few moments of swerving, the truck toppled over onto its side. By the time emergency responders arrived at the scene of the accident, the truck driver had died.

The tanker truck was carrying some kind of liquid. It is believed to have been liquid nitrogen. It took several hours for emergency crews to clear the wreckage while police were conducting their investigation into what could have caused the accident. Police told reporters that it is unclear if the driver was killed in the accident or if he suffered some kind of medical emergency prior to the crash.

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In Guttmann v. Nissin Foods (USA) Co., Inc., a California federal court dismissed a proposed class action lawsuit alleging that the defendant had engaged in false advertising regarding the safety of its noodle products, based on the presence of trans fat in the product. More specifically, the plaintiff indicated that he had assumed the defendant’s products were safe for consumption based on the product’s label, while also contending that he suffered economic damages as a result of being deprived of the benefits of the product that he thought he was purchasing.

After the plaintiff filed his lawsuit, the United States Food and Drug Administration (FDA) issued a document stating that partially hydrogenated oils, or trans fat, no longer carry the agency’s “GRAS,” or “generally recognized as safe” approval. Based on this document, food producers and manufacturers must now remove any trans fat from their food products by the year 2018.

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