The cases below are simply examples of the hundreds of types of litigations the firm has handled over the past 30-plus years.

Examples of Product Liability Litigation

Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL 1699
Cotchett, Pitre & McCarthy is currently pursuing a class action lawsuit against Pfizer, Inc. for false and misleading marketing practices in their promotion of the drugs Bextra and Celebrex. Cotchett, Pitre & McCarthy has been designated lead trial counsel for the case, which alleges that Pfizer failed to warn consumers that the drugs posed serious cardiovascular risks, and provided no greater health benefits than traditional over the counter pain relievers.

Vioxx Product Liability Litigation, MDL 1657 and JCCP 4247 (California)
Cotchett, Pitre & McCarthy represents a number of individuals who suffered medical injuries such as heart attacks and strokes after taking the prescription drug Vioxx. The drug was withdrawn from the market by its manufacturer and distributor, Merck & Co., Inc., after evidence emerged linking the drug to heart attacks, strokes, sudden cardiac death and other serious cardiovascular risks.

Bausch & Lomb Contact Lens Solution Product Liability Litigation, MDL 1785
Cotchett, Pitre & McCarthy represents individuals who sustained serious eye injuries as a result of the use of the contact lens solution ReNu with MoistureLoc. The product was withdrawn from the market by its manufacturer and distributor, Bausch & Lomb, after it was associated with fungal keratitis (a rare type of eye infection).

Dephlia Davis, et al. v. Actavis Group, et al.
USDC Northern District of California
Case No.: CV 08-3173
The firm currently represents individuals who were injured or killed after injecting the drug Digitek, which was formulated and distributed by the manufacturers and suppliers at a level more than double the FDA prescribed maximum.

Trawick v. Parker-Hammifin, et al.
Monterey Superior Court
CPM successfully prosecuted a product liability claim against the manufacturer and supplier of a defective rubber hose coupling installed on a forklift which failed and killed a construction foreman at the Monterey Plaza Hotel.

Rhonda Albom, et al. v. Ford Motor Company/Firestone Tires
Los Angeles Superior Court - Case No. BC 235016
CPM represented a young child and her mother injured when their Ford Explorer veered out of control and rolled over in Half Moon Bay, California. The case was one of several against Ford Motor Company and Firestone Tires consolidated before the Superior Court of Los Angeles.

Austin Hills, et al. v. S & G Ragsdale Equipment Co., LLC, et al.
CPM represented the Hills family in a product liability/negligence claim against the parties responsible for the defective operation of a truck/trailer hitch system which caused a 5 ton trailer with drilling equipment to disengage, then swerve into the opposing lane of traffic killing Erika Hills, a resident of Napa.

Munoz, et al. v. Bayer Corporation, et al.
San Joaquin County Superior Court - Case No.: CV 016766
CPM successfully represented multiple individuals who were killed or injured after ingesting the drug Baycol, which was promoted by Bayer Pharmaceutical without alerting users of a severe muscle adverse reaction known as rhabdomyolysis.

Sharper Image Corporation v. Consumers Union of United States, 03-4094 (N.D. Cal.)
Successful defense under California’s Anti-SLAPP statute of product disparagement claim brought by Sharper Image relating to reviews of Sharper Image’s Ionic Breeze air cleaner published in Consumer Reports.

Isuzu Motors Ltd. v. Consumers Union of the United States, Inc.
C.D. Cal. No. 97 5685 RAP
Represented defendant publisher of Consumer Reports in defamation/product disparagement litigation brought by auto manufacturer against non-profit consumer testing organization. Jury verdict for Consumers Union after a two-month jury trial.

Suzuki Motor Corp. Japan v. Consumers Union of the United States, Inc.
C.D. Cal. No. SA CV 96-340 AHS
Represented defendant publisher of Consumer Reports in defamation/product disparagement litigation brought by auto manufacturer against nonprofit consumer testing organization. Summary judgment in favor of defendants was granted in May, 2000.

In re Cable News Network and Time Magazine "Operation Tailwind" Litigation
MDL No. 1257
Sheppard v. Cable News Network, Inc.
Case No. C-98 20946 JF (ND Cal.)
Action against Time and CNN on behalf of Vietnam veterans falsely reported to have committed war crimes in Laos.