Product Liability Lawsuits

When we buy a product, whether it’s a big purchase like a car or a household good that you’ve bought many times before, we are trusting that it is safe and there is nothing faulty that could potentially cause harm. Unfortunately, that isn’t always the case. Product liability lawsuits aim to seek justice for any harm a product may have caused consumers and hold all parties in the manufacturing chain accountable. Migliaccio & Rathod LLP has helped many clients settle their product liability cases and reach rewarding settlements.

Manufacturers can and must be held accountable for the damage, injury, or illness that defects in their products cause consumers. This is the aim of product liability lawsuits, and a product can be found to be dangerous in its design, composition, or marketing. In addition to the main manufacturer of a product, product liability cases can also target other companies that manufactured components used to create the product, a wholesaler who sold the product to a retailer, and retailers that sold products to consumers. All parties have a responsibility to either build or sell products that are safe for consumers.

Settlements

Apaliski et al. v. Molekule, Inc., Case No. 1:20-cv-1548 

United States District Court for the District of Delaware

Settled for $1,300,000

Migliaccio & Rathod LLP filed suit against Molekule for deceptive advertising claims regarding the quality and capability of their air purifier. The case settled for $1.3 million dollars on behalf of consumers of the devices who purchased from 3rd party vendors such as Amazon.com, Best Buy, and other online or brick and mortar sellers. Those qualifying purchasers who submitted a valid claim form received $1,200 for Group A claimants and $800 to Group B.  Molekule purchasers who purchased directly from the company’s website are unfortunately subject to Molekule’s arbitration agreement and we urge those consumers to file individual based arbitration claims through the American Arbitration Association (“AAA”) as outlined in Molekule’s terms and conditions. Read more about the settlement here. 

In re: Philips Recalled CPAP, Bi-Level Pap, and Mechanical Ventilator Products Litigation, MDL No. 3014

United States District Court for the Western District of Pennsylvania 

Class Action Track Settled for $479,000,000

Medical Monitoring Track Settled for $25,000,000

Personal Injury Track Settled for >$1,000,000,000

Migliaccio & Rathod attorneys represented plaintiffs in MDL. The M&R attorney was one of twelve appointed to Plaintiff Steering Committee and co-chairs the Science and Experts Committee as well as chairs the Class Action and Experts Subcommittee. The class action track settled for a $479 million common fund (final approval granted), the medical monitoring track settled for $25 million (final approval granted), and personal injury claims settled for over $1 billion.

Carlotti v. ASUS Computer International, et al, Case No. 18-cv-00369

United States District Court for the Northern District of California

Settled for $16,000,000

Represented plaintiffs in a class action suit brought on behalf of purchasers of ASUS Rog Strix GL502VS or GL502VSK laptops with defective batteries or which overheat due to their insufficient cooling system. Benefits of the resulting settlement include cash payment of up to $110 or credit certificate of up to $210 for any impacted individual. Settlement valued at $16 million.

In re: JUUL Labs, Inc. Products Litigation, Case No. 19-md-02913-WHO

United States District Court for the Northern District of California

Settled for $300,000,000

M&R was appointed as co-lead interim class counsel in action brought on behalf of a nationwide class arising from marketing and sale of electronic cigarettes by JUUL, the world’s largest e-cigarette manufacturer, which is valued at several billions of dollars. A class action lawsuit against JUUL on behalf of purchasers of JUUL e-cigarettes or JUUL pods was filed April 24, 2014. Plaintiffs allege JUUL engaged in false and deceptive sales, marketing, labeling, and advertising of JUUL e-cigarettes and JUUL pods. JUUL poses serious health risks as nicotine is a carcinogen as well as a toxic chemical which adversely affects, for example, the heart, eyes, reproductive system, lung, and kidneys. In addition, plaintiffs contend JUUL specifically targeted young people with its advertising and marketing efforts in order to encourage JUUL use, driving today’s teen vaping epidemic – described by former FDA Commissioner Scott Gottlieb as an “addiction crisis.” The settlement included a refund pool of $300 million for Class Members who experienced economic loss related to the purchase or use of any JUUL Product. You can learn more about the settlement here.

For information on current Product Liability cases, visit Our Product Liability Lawyers in DC.