Defective Products / Mass Torts

Defective products unnecessarily injure and kill countless consumers each year. Consumers have the right to use products free of design or manufacturing defects. Many products are mass produced, so a single defect in design or manufacture often presents a risk of harm to the masses.

For years, CPM has been on the forefront of defective product litigation, fighting for those injured by dangerous products such as pharmaceuticals, automobiles, and machinery. Dating back to 1971, when Joe Cotchett first published his seminal book on Product Liability law (California Product Liability Actions), the skilled attorneys at CPM have amassed a vast knowledge of product liability law, and have served as lead and co-lead counsel in numerous class action and multi-district litigation cases involving defective products.

For those whose lives have been harmed by a defective product, it can be difficult to know where to turn to hold manufacturers accountable and seek justice. CPM has represented hundreds of plaintiffs harmed by dangerous products, and exhibited proven success in securing compensation for those who have been injured or lost loved ones because of defective products.

If you would like to discuss your potential or pending product liability case, please follow up with Frank Pitre, Gary Praglin or Kelly Weil.

Noteworthy Cases

Boeing Air Disaster Litigation

CPM is co-lead counsel in representing families of victims of the horrific March 10, 2019 crash of Ethiopian Airlines Flight 302, in which 157 people lost their lives. Flight 302 was a Boeing 737 Max 8. This crash came less than five months after the crash of Lion Air Flight JT610-another Boeing 737 Max 8, that killed all 189 on board. The case alleges the Boeing 737 Max 8 was designed and sold with a defective MCAS flight control system. The system was used to boost Boeing’s sales and profits, at the expense of passenger safety.   

Bolde v. Navistar

Los Angeles Superior Court

CPM represents a young woman who was struck in the head by a seven-foot-long, 15-pound steel tube while driving her car. The steel tube was designed and assembled by Navistar as part of an exhaust system on a heavy-duty truck. The truck was travelling on the highway at highway speeds when the steel tube dislodged and became airborne, due to a design defect of the exhaust system. The tube crashed through Plaintiff’s windshield and struck her head, causing severe brain damage. 

Boyce v. Thomas Built School Bus, et al.

Riverside Superior Court

CPM represents a career school bus driver who suffered burns to her inner thigh while driving a yellow school bus with a child aboard. The burn was caused by hot coolant from the bus’s heating system. The hot coolant burned the plaintiff when a rubber hose on the outside of the bus ruptured and allowed the hot coolant to enter the inside of the bus through a gap near the driver’s acceleration pedal. 

 In re: General Motors LLC Defective Ignition Switch Litigation

USDC, Southern District of New York

CPM represented a number of individuals in a class action lawsuit against General Motors for installing a dangerous ignition switch in over 6 million vehicles from 2003 to 2011. The ignition switch defect caused the engine motor to abruptly turn off, including electrical components such as power-assisted steering, anti-lock brakes, and airbags. The lawsuits allege that, for over a decade, General Motors knew the ignition switch contained a design defect but did not notify the public until its first of many recalls in February 7, 2014. 

Toyota Litigation

USDC Central District of California

CPM was Co-Lead counsel in a class action against Toyota Motor Corporation and its U.S. sales and marketing arms, Toyota Motor Sales, U.S.A., Inc. and Toyota Motor North America, Inc. arising from defective acceleration claims. United States District Judge James V. Selna appointed Frank M. Pitre as Co-Lead Counsel for the economic loss committee in the Toyota lawsuits. The multidistrict litigation involved more than 200 lawsuits divided into two groups: those seeking losses on behalf of consumers and others who have lost value on their Toyotas; and those seeking damages for people who have been injured or killed in a Toyota vehicle. On July 24, 2013, United States District Judge James V. Selna granted final approval of the settlement wherein Toyota agreed to pay a total of $1.3 billion over financial losses associated with acceleration problems reported in some Toyota and Lexus vehicles. Under the settlement, Toyota agreed to provide installation of brake override systems for many Toyota and Lexus models and agreed to establish a $250 million fund to compensate class members for economic losses suffered because they sold or traded in a vehicle or terminated a lease during a period when the car's value was diminished due to negative publicity.  

Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation

USDC Northern District of California

CPM was Co-lead trial counsel in the In Re: Bextra and Celebrex Mktg., Sales Practices & Product Liability Litigation, which culminated in Pfizer agreeing to pay $894 million to settle consolidated injury and class action cases related to its painkillers Bextra & Celebrex.

Vioxx Product Liability Litigation

USDC Northern District of New York

CPM successfully represented 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.

In re: Porsche Cars North America, Inc. Plastic Coolant Tubes Products Liability Litigation

USDC Southern District of Ohio

CPM was co-Lead Counsel in a class action lawsuit against Porsche Cars North America, Inc. ("Porsche"), regarding defective coolant pipes in Porsche Cayenne model vehicles. The lawsuits alleged that Porsche knowingly manufactured Cayenne models with plastic coolant tubes that degrade and fracture--causing engine coolant to leak into the engine, leading to significant engine damage--and hid its knowledge of the defect from Cayenne owners. Porsche settled the class action, agreeing to payments and fixes worth up to $45 million.

Diet Drug Litigation

Los Angeles County Superior Court
USDC Eastern District of Pennsylvania

CPM successfully represented approximately 100 individuals in consumer fraud and product liability individual actions.

Rhonda Albom, et al. v. Ford Motor Company/Firestone Tires

Los Angeles Superior Court

CPM represented a young child and her mother who were 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.

Swine Flu Immunization Products Litigation

Adleson v. United States
USDC Northern District of California
USDC District of Columbia

MDL actions for product liability.

Bausch & Lomb Contact Lens Solution Product Liability Litigation

USDC District of South Carolina

CPM represented individuals who sustained serious eye injuries from 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

CPM represented 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 County 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.

Munoz, et al. v. Bayer Corporation, et al.

San Joaquin County Superior Court

PM 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.

Winburn v. Michelin et al.

Monterey County Superior Court

CPM successfully prosecuted a product liability claim against the manufacturer and retailer of a defective tire. Plaintiffs were driving on highway US-101 when the defective tire suffered a tread separation, causing the driver to lose complete control of his truck and crash head-on into a car travelling the opposite direction, tragically killing the driver and passenger in the other vehicle.

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