Products Liability

  • Read more: More on the ECJ Vaccine Liability Decision

    More on the ECJ Vaccine Liability Decision

    By Alex Stein My friend and mentor, the former Israeli Chief Justice Aharon Barak, used to say that when neither side likes the court’s decision, chances are that the court was right. This is likely to be the case with the European Court of Justice (ECJ) decision on vaccine manufacturers’ liability, N.W. et al. v. Sanofi…

  • Read more: Hospitals’ Exposure to Products Liability Suits

    Hospitals’ Exposure to Products Liability Suits

    By Alex Stein The United States District Court for the District of Connecticut has recently delivered an important decision that opens up new possibilities for suing hospitals and clinics. This decision allowed a patient alleging that hospital employees injected her with a contaminated medication to sue the hospital in products liability. Gallinari v. Kloth, — F.Supp.3d…

  • Read more: Products Liability or Medical Malpractice? The Definition of a “Healthcare Provider”

    Products Liability or Medical Malpractice? The Definition of a “Healthcare Provider”

    By Alex Stein Every defendant in a suit for medically inflicted injuries wants to be a “healthcare provider.” This status entitles the defendant to categorize the suit as “medical malpractice” and become eligible to special litigation advantages, which include shortened limitations and repose periods, dismissal of suits not verified by experts, and statutory caps on damages….