Products Liability
Drugs and Medical Devices
Headed by Charles Goodell, the Firm acted as national counsel for the
manufacturer of a pacemaker lead in hundreds of individual cases filed nationwide, and
against efforts to have an international class action certified. A number of opinions have
been reported in connection with this litigation, including In re Telectronics Pacing
Systems, Accufix Atrial J Lead Litigation, 168 F.R.D. 203 (S.D. Ohio 1996) (On motion
for reconsideration, earned decertification of an international and nationwide products
liability class action involving allegedly defective pacemaker leads).
Hagepanos v. Shiley, 846 F.2d 71 (Table), 1988 WL 35752 (4th Cir.
1988). The United States Court of Appeals for the Fourth Circuit affirmed the trial
court’s entry of summary judgment in favor of the defendant heart valve manufacturer,
holding that Maryland law precludes recovery based on future harm unless the harm is more
likely than not to occur, and rejecting plaintiff’s claim to damages based upon a
present fear that future injury will occur.
Kemp v. Pfizer Inc. and Shiley Inc., 851 F. Supp. 269 (E.D. Mich.
1994) (vacated in light of Medtronic, Inc. v. Lohr, 1996 WL 345805 (U.S. Jun. 16,
1996). In a case where plaintiff sued the manufacturer of an artificial heart valve that
malfunctioned, summary judgment was entered in favor of the defendant on the basis of
federal preemption of state law breach of warranty claims and on intentional infliction of
emotional distress and fraud claims arising out of exhumation.
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Blood Products
Jane Doe v. Miles Laboratories, 927 F.2d 187 (4th Cir. 1991).
Seminal Maryland products liability case in which summary judgment was affirmed for a
manufacturer of a blood clotting agent which allegedly caused a hemophiliac to contract
AIDS, and in which Maryland’s highest court certified its adoption of comment k to
section 402A of Restatement (Second) of Torts.
The Firm, headed by Charles Goodell, is national counsel for Bayer in
connection with alleged contamination with Hepatitis C of blood products for use by
hemophiliacs. The cases are currently in the discovery phase.
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Consumer Products
Eck v. BIC Corp., United States District Court for the District
of Maryland (1994). Trial court entered judgment in favor of BIC at the close of
plaintiff’s case after plaintiff alleged he sustained serious burns due to the
malfunction of a disposable butane lighter.
In re: Robertshaw Controls Co. (1993-98). Obtained defense verdict
or summary judgment in favor of manufacturer of natural gas water heater control in
several cases involving tap water scald injuries filed in five jurisdictions.
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Industrial Machinery
and Equipment
Harvey v. Textron, Inc., United States District Court for the District
of Maryland. Trial court granted summary judgment in favor of the designer/manufacturer in
this product liability action concerning the design of a commercial turf tractor.
BG&E t/u/o USFG v. Mutual Boiler, United States District Court
for the District of Maryland - obtained jury verdict in favor of USFG after three-week
trial in subrogation claim arising from explosion of gas turbine.
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Construction Equipment
Our firm is currently representing United Rentals in regard to
equipment leased by it.
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Building Materials and
Products
Sara Lee Corp. v. Homasote Co., 719 F. Supp. 417. In one of several
"sophisticated user" cases in which GDLD clients have prevailed, the trial court
entered summary judgment in favor of chemical suppliers, holding that the bulk
supplier/sophisticated user defense foreclosed liability for failure to warn of alleged
defects in expandable polystyrene insulation panels.
CHDC. Firm represented a manufacturer of an allegedly flawed
pre-fabricated building design which was incorporated into a series of apartment buildings
nation-wide.
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Electronic Products
Dowty Communications, Inc. v. Novatel Computer Systems Corp., 817
F. Supp. 581 (D. Md. 1992), aff’d, Cray Communications, Inc. v. Novatel
Computer Systems Corp., 33 F.3d 390 (4th Cir. 1994). The Fourth Circuit affirmed the
grant of summary judgment in favor of the defendant on claims alleging breach of warranty
and breach of contract in the sale of computerized telephone switching equipment.
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