Plaintiff sued two drug manufacturers after suffering a severe reaction (a rare skin disease) caused by taking an over-the-counter ibuprofen medication. The jury awarded plaintiff more than $11,000,000 in economic damages, more than $21,000,000 in noneconomic damages, and more than $15,000,000 in punitive damages. Issues involved the viability of negligent and strict liability failure to warn theories, of negligent and strict liability design defect theories, of inconsistent verdicts, and of punitive damages.
Plaintiff sued a bicycle manufacturer after being severely injured when the rear brakes on his bicycle failed. Issues, among others, involved which of the two alternative tests for determining the existence of a design defect applied -- the "consumer expectation test" or the "risk benefit test."
Plaintiff was injured by a paper rewinding machine and sued the designer and manufacturer for strict products liability and negligence. Issues included the allocation of the burden of proof on the defense of unforeseeable use of the machine, and the applicability of that defense on the evidence.
Hon. Thomas L. Willhite, Jr. (Ret.)
915 Wilshire Boulevard, Suite 1900 Los Angeles, California 90017