Actos

In June 2011, the U.S. Food and Drug Administration issued a drug safety alert warning that the use of the diabetes medication Actos for more than one year may be associated with an increased risk of bladder cancer.

Severe side effects may include bladder cancer, congestive heart failure, bone fractures and lactic acidosis.

Metal Hip Replacement

Some patients who have received hip implants from DePuy Orthopaedics, a division of John & Johnson and the largest manufacturer of artificial hips across the globe have experienced dangerous side effects such as: heart and respiratory problems, nausea, vomiting, stomach pain, skin disorders, pain in joins and muscles, muscle tremors and twitches.

Complications from a defective metal on metal implant can go beyond excruciating hip pain. If the implant is defective, metal pieces chip away and are then absorbed into the blood stream and soft tissue causing damaged nerves, muscle and bone.

Anti Dep/ Birth Defects

Although antidepressants are the most commonly prescribed medications in the U.S., if taken during the first trimester of a mother’s pregnancy, birth defects may occur.

Common birth defects have included: heart and lung defects, club foot, cleft lip and cleft palate, spina bifida.

Drugs that have been linked to birth defects include: Paxil, Zoloft Prozac, Effexor, Wellbutrin, Celexa and Lexapro.

Transvaginal Mesh

Transvaginal meshes are implantable plastic devices for the treatment of pelvic organ prolapsed and incontinence.

Common side effects have included Erosion, infection, urinary problems, painful sexual intercourse, pain and bleeding.

Manufactures products that have been linked to injuries include: American Medical Systems, Bard, Boston Scientific, and Johnson & Johnson.

On-the-job Third Party Liability

In a worker’s compensation arrangement, a “third-party liability” claim is not made against a worker’s employer or co-workers, but against some separate person or company who may be responsible for the workers’ injury.

Common third-party defendants may include: manufacturers or sellers of workplace equipment, tools or materials, drivers who cause an accident to the worker who is on the job, or owners of businesses the worker visits.

Third-party liability is important since most workers compensation payments are limited by state law.

Auto Crash Worthiness

Crash worthiness refers to design flaws by the auto manufacturer or the component supplier. Examples in recent years include the Ford Explorer rollover and Toyota sticking accelerator cases.

The loss associated with a crash worthiness case can be devastating and insurance is often not enough to cover the costs associated with the case. That’s why it is important for an expert lawyer to determine whether there is a crash worthiness case associated with a wreck.

If you have suffered damages which include personal injury because of a defect in a product you have used, you might qualify for a defective products claim. One of the important aspects of a products liability claim is to determine to what extent you have been injured or sustained damages, and what are the extent of your losses. You should carefully list your losses and damages with relevant documentation and proof right from inception of your lawsuit to avoid them being denied at a later stage.

Credibility

This is not the time for embellishment either. If you exaggerate in one area, the opposition or even the law firm on your side may ask you to refine your work and may not believe the other information you have delivered to them.

Everything Considered

Damages are nothing but a legal term for the monetary compensation paid to you the plaintiff as the outcome of a lawsuit. Damages could be either compensation for losses and injury sustained, or as a form of punishment to the defendant for the wrongdoing, or both. Whatever the head, all damages ultimately equate to dollar terms.

A State Issue

If you are claiming damages under products liability law, your claim will be governed by state law because products liability is a state issue. The kind of damages you can claim and the amount of your claim will depend on where the action occurred and the local laws prevailing. However in all states, the basic categories of damages are the same.

If you have sustained an injury from a product which you used and wish to claim damages for the injuries, bear in mind that defective product liability claims are governed by a time limitation. This is known as the “statute of limitations” which every state has in product liability cases and varies from one state to another.

How soon should I file? 

When it comes to product liability issues, the sooner you file your case, the better.  Learn your state's particular statute of limitations as soon as you can, so that you know the time constrains you're working with. If you have hired a personal injury attorney this is the first detail he/she will discuss with you. No matter how compelling your claim may be, you won't have a case if you don't file in time. 

What is the time limitation in states?

While the statute of limitations in product liability claims varies from one state to the next, it's at least one year in every state. Some states extend their limits up to four years. 

What if I’m too late?

If the statute of limitations has expired in your state, you have a few options. You could still file a claim in another state – like the state where the defendant lives or works – if you are within the statute of limitations prevailing in that state.

When does the clock start ticking?

In some cases determining the start of the time limit is easy. For example, if you have been injured by some defective sports equipment, and in your state the product liability statute of limitations is two years, then you must file your lawsuit within two years of the date of injury.

Other cases are not so simple. For example, if you are working with chemicals you might find yourself getting a skin condition which can be related back to the chemicals. In certain instances this could be months, or even years after exposure. In such situations where the precise date of injury cannot be pinpointed there are extenuating rules that apply. Again, these rules vary from state to state, so this is something to discuss with your personal injury attorney. 

Asbestos is similar to the situation mentioned right above. There are people being diagnosed with mesothelioma or asbestos cancer who worked with asbestos back in the 1960s and 70s and who are finally feeling the horrendous health effects of these tiny particles now, so they are still able to file claims.

Product liability law covers accountability of manufacturers, distributors, wholesalers, and vendors for injuries and damages resulting from defective or dangerous products. The primary objective of “products liability”, as the law is often called, is to protect consumers from goods and products that are dangerous and defective. It also serves to hold manufacturers, retailers, and distributors responsible for knowingly putting such products on the market. The liability of all parties in the supply chain from manufacturer to consumer varies according to the jurisdiction of the case.

Different Scenarios

Product liability is mostly applied to retail items, but is far reaching. It can even be applied to real estate as in the case of a leaking roof which encourages the growth of mold or mildew, or a poorly installed attic fan which fails to evacuate humid air because of wrong positioning thus causing damage or health issues with you, your pet, or your family or perhaps every living animal/being in the residence.

Depending on local product liability laws, claims can be made under different theories:

Design defects – the product gives rise to liability when it contains a design flaw which makes it dangerous to use for the specific purpose it was intended, or for any other rationally likely purpose.

Manufacturing defects – liability is occasioned by a defect which arises during the manufacturing process.

Marketing defects – liability arises from poor instructions or insufficient warning labels which preclude a user from identifying a product defect. The instructions could also be inadequate in providing information on how to use the product safely.

A Simple Example

What the plaintiff has to prove in a product liability lawsuit also varies according to jurisdiction. Typically, the plaintiff might be required to prove negligence where an injury or damage was caused by a product with a known defect. For instance, if you buy a desk and the manufacturer knew the legs of the desk were not strong enough to hold the weight of only 2 books, let alone several books, a computer, and other items. If you buy that desk and it collapses on you, a pet of yours, or anything else or nothing at all, you have a case to be made. Certainly this does not happen often, but when it does proper action should be taken because this is a household hazard and a case of product neglect by the maker.

Tests Passed

Strict liability is an issue where if the plaintiff has proved conclusively that a product is defective, in which case liability is confirmed regardless of the care taken in the other processes from design to marketing.

This is their Sphere of Influence

Since defective product liability varies significantly, a victim who has suffered damage or injury from a defective product should be careful to select only a personal injury attorney who would be skilled in the finer points of product liability law. Our team of attorneys at Taylor King Law are available to help you explore and better understand your options in filing a claim. Contact us today at 1-800-227-9732.

Serious injuries due to defective medical devices and dangerous drugs are on the increase despite strenuous efforts by health authorities, federal agencies, physicians, and pharmacists. The rising incidence of drug recalls underscores the fact that FDA approval is no assurance that a drug is perfectly safe. The sale of defective medical devices and dangerous drugs leads to major health risks including disabilities and hospitalization as well as serious injuries. In some cases defective medical products have necessitated more serious surgical procedures to correct damage resulting from medical product defects.

 

A Sidenote

 

Do not forget about prescription mistakes as well. The drugs may be safe but you may be allergic to them or the doctor may have prescribed the wrong drugs to you. It may not be the drug’s fault at all; this would be human error.

 

The Race to the Finish

 

Many pharmaceutical and medical device companies often fast-track a product or aggressively promote it knowing the possibility of a recall if side effects from the drug begin to manifest themselves, or if a device proves defective. Salespersons pressurize consumers to ask for a particular device or drug or try to persuade physicians to prescribe it. In their eagerness to release the next wonder drug or medical device, manufacturing companies can and often do place the consumer at significant risk.

 

Risks Overlooked



Drug and medical device manufacturers are duty bound to make products that are safe for use. As a measure of additional caution they are required to provide warning labels to guide physicians and pharmacists who prescribe and dispense medications and devices. Unfortunately, in the interest of pursuing profits, many drug companies and medical device manufacturers disregard these precautions knowing full well that a drug could cause harmful side effects or that a medical device could be injurious to those that use it (certainly more often than not).

 

The Big Picture

 

Let’s not forget though that without drug and medical device companies the civilized world and even the uncivilized world would not have the standard of living, the quality of life, or the life expectancy without any of these products. None of these products or machines were invented by any government agency either.

 

Hiring a Winner

 

Furthermore, if you or any member of your family have been affected by adverse reactions to drugs or have been injured because of a faulty medical device, you might be entitled to claim for compensation under a defective device or defective drug lawsuit. A personal injury lawyer will be able to make an assessment of your case and guide you in preparing a claim for damages.

Consider the following statistics:

 

About 22,000 deaths take place every year in the U.S. because of defective products according to the U.S. Consumer Product Safety Commission

Defective consumer products account for 30 million injuries every year

Defective toys injure 220,000 children every year

Roughly 7 percent of personal injury lawsuits in the country relate to defective product liability claims

In 2007, defective consumer products caused 176 deaths and over 19,000 hospitalizations

 

Do No Assume

 

Medical devices too at times become defective. Merely because the device is made by a blue-chip, multi-national company and is certified by leading medical specialists is no guarantee that it is not, or can become defective. While most medical devices work trouble-free for a lifetime, there are occasions when a device breaks down or malfunctions, with life-threatening consequences.

 

A Personal Health Firestorm

 

A faulty defective medical device can place a person who needs it at serious risk, which at times can be life-endangering. Millions of Americans use medical devices every year, comforted in the belief that they are protected from serious health risks. But often these devices go wrong and when that happens, the patient could be seriously injured, encountering pain and discomfort which, in extreme cases, could result in death. Patients look at medical devices as an effective way to improve their quality of life but when something goes wrong and is undetected, the effect could have disastrous and lasting consequences.

 

Waiting is an Afterthought

 

If you have encountered an injury because of a defective medical device, or if someone in your family has been so affected, then you need to see a serious injury lawyer with particular experience in defective medical device issues. Most serious injury lawyers work on a contingency basis, which means you pay their fee only after you have received monetary compensation. Bear in mind that Medical Device Lawsuits fall under a Statute of Limitations in all states. There is a time crunch.

 

Most likely though you will be pretty motivated to get this lawsuit show on the road though. 

In a number of motor vehicle accidents, brakes are to blame. In several cases the accident may have been caused by defective brakes, but in a number of cases which pertain not merely to cars but to trucks as well, the brakes could have an inherent manufacturing defect. Numerous instances have arisen in the past necessitating recalls while in other cases the outcome has been serious injury to the drivers or occupants.

If you or anyone you know has been injured because of defective parking brakes, consult an attorney at Taylor King Law, because you may have a claim for damages and compensation.

A product can be defective for any number of reasons. A food product can be termed defective if it contains a harmful ingredient. A medication or medical device is defective if it causes some unforeseen side injury, or a car can be called defective because of the failure of a particular part in it. In general however defective products come in three categories:

  • Defective product design
  • Product defectively manufactured
  • Not providing sufficient instructions or warnings about how the product is to be used

You need to have a clear understanding about these categories to decide whether you have a binding claim and how you can best present it.

Fortunately most states have the same laws when it comes to defective product liability but the key is to prove that the product was defective, and the defect was the cause of injury.

Defective Product Design

When a claim is based on defective product design the plaintiff has to demonstrate that the product has an inherent design defect which makes it unsafe or dangerous. There is no error in the manufacturing process which strictly adhered to the design. An example of this would be a particular type of sunscreen which fails to offer the level of protection it claims because of which a user sustains skin injury. Injury has happened even though the manufacturer has made the sunscreen strictly in compliance with the designer’s formulation and manufacturing process.

Product Defectively Manufactured

This is the most frequent type of product liability claim made when a defectively manufactured product was the cause of injury. A typical example of this is a motor car with a defective brake cylinder. If you were to be involved with an accident because of brake failure you could raise a defective product claim by proving that the accident was caused because of the defective brake cylinder and not a misjudgment or carelessness on your part.

Not Providing Sufficient Instruction or Warning

A failure to warn claim refers to a product which is not dangerous by itself but becomes dangerous under certain circumstances not particularly obvious unless the user is specifically warned about it calling for a certain degree of care and diligence in its use. A typical example is a medication which can cause drowsiness or another which could have dangerous side effects if taken on an empty stomach.

If you have been injured because of what you believe to be a defective product, consult an injury attorney about your possibility in filing a defective product lawsuit.

If you have been injured because of a defective product, it’s natural that you’ll want to recover damages and compensation for your suffering. But that’s easier said than done, because you will have to first determine all the companies and people who may be liable and raise a claim against them individually. The more defendants you can identify, the better your chances are of being properly recompensed.
In general, most states agree on who the kinds of defendants are in defective products law.

All Links in the Distribution Chain

In general all links in the distribution chain of the defective product should be cited as defendants. This starts right from the manufacturer thorough to the retailer and those in between. By this you can include the designer of the product and all those involved in marketing it, provided you can prove that they had some connection with the defect.

No One is Left Out

If the defective product is a component of a larger product, then the manufacturer of the larger product is also a defendant. For example, if you buy an electric kettle with a defective switch because of which you have been injured, you should raise a claim against the manufacturer of the switch and also the manufacturer of the kettle which used a defective component.

The Seller is not Exempt Either

The retailer which played no part in manufacture is equally responsible and liable for selling a defective product. Any entity involved in distribution can reasonably be held responsible and this could include a host of wholesalers, distributors, and suppliers in between.

Receiving a Fair Amount

There is a very good reason why you should cite as many defendants as you possibly can. If one of your defendants is unable to pay, regardless of the reason, you can still collect from the others. If your case is legitimate, you deserve something.

Whom to Seek

Above all, consult a personal injury attorney if you have been injured by a defective product. Let an experienced attorney walk through the process with you, every step of the way.

 

When you have been injured due to a defective product, you can claim compensation for your personal injuries. However, in most instances where specialized, technical, or scientific knowledge is involved, you will need an expert witness to present the evidence and for determining liability. A product liability case is quite difficult to prove, and therefore it is best to consult an expert right at the beginning, who can help with the investigation, testing, and reconstruction of the accident.

The Right Support

It does not matter if you believe you can explain it. It does not matter if you believe it is just common sense and anyone can understand the situation. Your college degree may be in math, humanities, or business but that is not going to mean much to the jury or the court. You need someone in the materials science or product engineering fields to support your claim. That is right, what you believe is fact will only remain a belief unless you understand that what your attorney is telling you is actually fact.

You need someone with the correct background to make your belief become a fact to everyone around you and to the court.

The expert will be able to help your case by mainly establishing and proving liability. He will be able to tell you whether the theory will hold up in court, and what are its weak points that the defendant could exploit. He can also present you with alternative liability theories that could be more effective. All this information provided by an expert is quite invaluable, and you will clearly know whether it is worth pursuing the case or even filing one.

Bolstering Your Case

There are many things to consider while choosing an expert witness, as he or she is going to have a major impact on your case. Firstly, he should be an expert in his field, and should have sufficient educational qualifications and things to his credit to establish his expertise before the jury. He should also be familiar with the rules and procedures of the court for presenting evidence and giving testimony.

There are professional expert witnesses who are mainly involved in giving expert testimony in court. They will be well acquainted with the court procedures and might be able to handle the questions of the defense lawyer more efficiently. However, a professional expert witness might also have a track record that might work to the disadvantage of your particular case. Therefore, you need to review all the possibilities and hire an expert witness after considering various important points.  

Product liability claims can be based on strict liability, breach of warranty, or negligence. The defense strategy will mainly depend on the type of claim being made. For instance, if the plaintiff is claiming breach of warranty or negligence, the defense might try to prove that the victim assumed the risk of using the product, even after knowing the risks involved in using the product.

Assumed Risk

When the plaintiff knows that the manner in which he is using the product could cause malfunction or injury, then the defense of "assumed risk" can be applied effectively. Hence, depending on the type of product liability claim being made, the defense will vary.

The defense might argue that the defect in the product or specific design of the product could not have caused the injury, but some other factors might have done the damage. For instance, the victim suffered burns while encountering an iron because he was pushed. The jury will find that the push was the original cause of the injury and not the iron. Hence, it is not realistically possible to prevent such type of injury, nor is it possible to warn against such injuries.

Improper Use

Another popular defense is comparative or contributory negligence. Here the defense lawyer will try to prove that the plaintiff was negligent in using the product, which contributed to the injury. This defense is used when there is a possibility of the plaintiff having misused the product in way that was not predictable or intended.

Depending on the laws of the state where the case is tried, if the plaintiff is found to be partially responsible for the accident, the compensation could be eliminated or reduced proportionately to the negligence. Contributory negligence is, however, different from assumption of risk, since the victim does not know the results of his or her negligence.