Product liability litigation presents unique challenges for defense attorneys, requiring a strategic approach to mitigating risk and protecting clients. Manufacturers, distributors, and retailers often face claims alleging defects in design, manufacturing, or inadequate warnings. A strong defense hinges on dissecting causation, challenging expert testimony, and leveraging regulatory compliance to refute liability. Understanding the evolving legal landscape and recent case law is essential to crafting effective defense strategies and minimizing exposure for corporate clients.

This blog explores the top product liability cases to watch this year and provides insights into emerging legal trends.

Overview of Product Liability Claims

Product liability cases fall under three categories: design defects, manufacturing defects, and marketing defects. These categories shape many legal arguments and outcomes in product liability litigation. 

1. Design Defects

These defects occur when a product is manufactured according to its design, but the design itself is allegedly dangerous or defective.

2. Manufacturing Defects 

These defects occur when a product shifts away from its intended design during the manufacturing process, resulting in an allegedly unsafe product.

3. Marketing Defects (Failure to Warn) 

These involve situations where a product’s marketing allegedly fails to properly warn consumers about potential risks or provide clear instructions on proper use.

Top 5 Product Liability Cases to Watch

1. Social Media and Adolescent Mental Health Lawsuits

The lawsuits focus on the impact of social media on adolescent mental health, claiming that addiction to these platforms may contribute to anxiety, depression, eating disorders, self-harm, and suicidal thoughts. Meta, the parent company of Instagram and Facebook, is named in some of these lawsuits.

2. GLP-1 RAS Product Liability Litigation

Legal actions target GLP-1 receptor agonists, commonly prescribed for type 2 diabetes and obesity. The claims raise concerns about potential side effects and lack of proper risk warnings. Manufacturers like Novo Nordisk (Ozempic, Wegovy, Rybelsus) and Eli Lilly and Company (Trulicity, Mounjaro) are named in these cases. 

3. Depo-Provera Product Liability Litigation

The lawsuits involve the contraceptive injection Depo-Provera, with claims it may increase the risk of brain tumors. Plaintiffs argue that Pfizer, the manufacturer, did not provide enough information about the potential risks, raising concerns about product labeling and safety warnings.

4. Ultra-Processed Food Litigation 

The lawsuits target several major food companies after children were diagnosed with type-2 diabetes or fatty liver disease. Plaintiffs claim these companies aggressively marketed their products toward children and intentionally designed them to be addictive. Companies such as Kraft Heinz, PepsiCo, General Mills, and Nestlé, along with others in the food industry, are named in these cases.

5. Suboxone Film Product Liability Litigation

The lawsuits involve Suboxone films, used to treat opioid addiction. Plaintiffs claim that the manufacturers did not warn the consumers enough about the risk of increased addiction and misuse, raising concerns about opioid-related products.

How LMI Supports Product Liability Cases

With over 40 years of experience in mass tort and product liability litigation, LMI is a trusted leader in legal and medical data analytics. Our custom technology solutions and advanced litigation analytics offer support in managing complex product liability cases, including services such as census management, fact sheet organization, and medical record review and analysis. 

Need assistance with product liability or mass tort litigation? Contact us today.