Defective Products / Products Liability: Injured

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Defective Products and Products Liability

Defective Products and Products Liability lawsuits involve injuries from the use of a defective or dangerous product. This could arise in the case of a defect in a car which causes an accident, a burn sustained from using a beauty product, or even food poisoning. The manufacturer or seller is held liable to any party who foreseeably could have been injured by the product. There are several types of defects, including defect in the manufacturing, defect in the design, defect in the warning (improper labeling) and marketing defects (insufficient instructions).

Usually, a products liability lawsuit is not easy and involves testimony from experts. Since the law of products liability varies from state-to-state, similar cases in different states might not yield the same results.


Recently in Defective Products / Products Liability Category

The good: Risperidone, an antipsychotic marketed as Risperdal, can treat schizophrenia and bipolar disorder, and reduce irritability and aggressive behavior in autistic children. The bad: studies of autistic boys prescribed Risperdal showed they can suffer from breast enlargement and diminished sexual functioning because of the drug. The ugly: Johnson & Johnson and its subsidiary Janssen Pharmaceuticals may have known about the risk and failed to warn doctors and patients.

A slew of recent lawsuits have been filed regarding the side effects of Risperdal -- here's what you need to know.

After juries ordered Johnson & Johnson to pay $72 million and $55 million in two separate talcum powder-related lawsuits, the American Bar Association reported that the firm representing those women got almost 26,000 calls concerning the link between talc use and ovarian cancer. Not only that, but there are currently thousands of plaintiffs currently suing the company and its talc supplier in state courts from Missouri to Florida.

Tragically, ovarian cancer can be fatal. So how do you know whether you can sue for wrongful death if you think a loved one's cancer was caused by baby powder use? And how do you know if Johnson & Johnson is responsible?

Trinity College Students Injured in Double Balcony Collapse During Party

Next to the dance floor and bar, one of the usual favorite places for party people to hang out is the balcony. This past Saturday, at just after 11:00 p.m., 31 party goers at an off-campus party at Trinity College in Hartford, Connecticut fell victim to a double balcony collapse.

NBC News reports that a third floor balcony collapsed, landing on the second-floor balcony, which then also collapsed onto the first floor. Luckily there were no major injuries or loss of life during this double balcony collapse.

More Taxotere Cases Filed: Permanent Hair Loss Caused by Cancer Drug

Recently, lawsuits have been brought against the chemotherapy drug Taxotere, generically known as docetaxel. The manufacturer is being sued by cancer survivors for permanent hair loss. While the manufacturer has now updated the listed, known side effects, for all too many survivors, the update came too late. What makes these cases so compelling is that Sanofi-Aventis was aware of the risk of permanent hair loss, yet did not warn potential users of this risk.

While it is common knowledge that cancer patients undergoing chemotherapy will lose their hair, the expectation is that the hair loss is temporary. Taxotere users had that expectation because they were never warned about this side effect until the FDA forced a change to the label.

When to Sue a Gun Shop

After James Holmes massacred 12 people in a Colorado movie theater in 2012, the Brady Center to Prevent Gun Violence, along with families of some of the victims, sued several online gun shops for supplying Holmes with the ammunition and supplies he used in the shooting. The lawsuit claimed retailers negligently supplied the murderer with tear gas, laser sights, and thousands of rounds of ammunition without ever running a background check.

But the suit didn't end well. After the case was dismissed, the parents of one victim actually owed one ammo dealer $203,000 in legal fees. This leaves many wondering whether you can ever sue a gun shop, and for what.

Dangerous Drugs for Pregnancy

Expecting mothers will do whatever they can to make sure their babies are born healthy and happy. But often, they don't know that certain drugs they are prescribed during pregnancy can cause harmful defects.

Sadly, there is a long list of drugs that were discovered to be harmful to pregnant women and their children. Most recently, researchers and the FDA learned a morning sickness drug called Zofran can cause including congenital heart defects, orofacial and septal defects, kidney malformation, and even stillbirths. Here's what you need to know about dangerous pregnancy drugs and what you can do about them.

Guns can do a lot of damage. Whether unintentional or intentional, gunshot wounds can be catastrophic. And while the criminal justice system can punish some people for purposefully or recklessly shooting another person, that may not cover accidental shootings and may not cover the true cost of gunshot injuries.

In order to hold someone responsible for a shooting, you may need to turn to a civil lawsuit, but against whom? And what are the legal theories for liability in gunshot injury cases?

Flora Kim and David Kang, of Dallas, Texas were enjoying the annual meeting of the American Association of Oral Maxillofacial Surgeons at the Hilton Hawaiian Village in Waikiki September 2014 with their son. That was until the boy’s foot got caught in an escalator at the resort, tearing skin from his leg and requiring emergency surgery.

Now the parents are suing Crocs, claiming that the shoes the boy was wearing at the time were “negligently and improperly designed,” and that the company knew about the risk to children wearing their shoes on escalators.

As we’ve learned recently, Essure birth control implants may not be safe. The permanent coil has been known to fail, cause infection, and even lead to serious hemorrhaging. Some women injured by Essure implants have filed lawsuits against the manufacturer, Bayer, and a recent California court ruling may pave the way for many, many more.

Judge Winifred Y. Smith of the Alameda County Superior Court held that Bayer could be liable for Essure injuries, despite federal regulation of the industry. And the green light given to these 11 cases in California could mean hundreds, if not thousands will follow.

The blood thinner Xarelto, most popular among adults undergoing hip and knee replacement surgeries, can treat patients suffering from an irregular heart rhythm, hypertension, or other valvular heart conditions. And while Xarelto can prevent potentially deadly blood clots, it can also have some potentially dangerous side effects.

And now thousands of lawsuits based on those side effects are being consolidated into one case for pretrial motions. Here’s what you need to know about the latest Xarelto lawsuits.