Faegre Drinker won a decisive victory for a health and food client in a wrongful death lawsuit in the Eastern District of Arkansas. The plaintiff alleged that several of the client's products created for people with dysphagia – a swallowing disorder – were defective and caused her mother's death. The plaintiff asserted claims under theories of strict liability-failure to warn, strict liability-manufacturing defect, negligence, breach of warranty, and res ipsa loquitur. The District Court granted summary judgment for the defense and denied the plaintiff's motion for summary judgment.
January 2024