Defective Products / Products Liability: Injured
Injured - The FindLaw Accident, Injury and Tort Law Blog

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

Hip Implant System Recalls and Injuries

Unfortunately for those who have replaced hips, being unattached to body parts is a familiar notion. Still, no one expects a hip replacement to have to be replaced due to defects. Yet it happens a lot.

The materials in hip replacements are not exactly ideal for general physical health when they leach into people's systems, which is what they can do. Complaints about leaching metals, hip corrosion, fretting, and other issues have led to lawsuits over numerous types of hip systems used to replace old and worn bones.

Morning sickness is an unpleasant and unfortunate side effect of pregnancy. And expectant mothers, doctors, and drug manufacturers have long been searched for a cure for pregnancy-related nausea. The trouble is finding a remedy that won't have an adverse effect on the fetus.

GlaxoSmithKline thought they had stumbled upon an answer with Zofran, a drug originally used to combat nausea in cancer patients undergoing chemotherapy. But a new series of lawsuits claims Zofran causes birth defects, and that GlaxoSmithKline never cleared it for use on pregnant women.

You may have seen the recent headlines about Johnson & Johnson being sued over claims that its baby powder and talcum-based products cause cancer, even getting hit with a $72 million judgment in one case. These lawsuits claim that the use of talcum powder for feminine hygiene increases the risk of ovarian cancer, and that Johnson & Johnson knew of the risk yet failed to warn consumers.

So can you get cancer from using baby powder or talcum powder? And if so, what can you do about it?

Should I Get My IVC Blood Clot Filter Removed?

For people with blood clotting issues, the IVC filter, or inferior vena cava filter, can be a help. This medical device is implanted in patients who don’t tolerate anti-coagulants or blood thinners.

The filters are designed to prevent clotting, but increasingly they are drawing attention for the dangers they present to patients. There are numerous lawsuits against the device makers by injured patients and the Food and Drug Administration has issued advice to doctors on monitoring and removal of IVC filters. So should you have yours removed? Let’s look at what the FDA says.

The technological advances in the medical field can be life-altering and life-saving. Unfortunately, they can also be life-threatening in some cases. Some new medical devices have fatal flaws, and even perfect devices can be deadly in imperfect hands.

Manufacturers of medical devices can be held liable for devices that are defective or cause injury to patients. Here’s a look at three recent medical device lawsuits, from our archives:

Olympus, the maker of a medical scope linked with fatal superbug outbreaks, has announced it will recall and attempt to redesign the faulty scope. The company’s duodenoscope incorporated a design flaw making it virtually impossible to properly disinfect between uses, exposing hundreds of patients to the carbapenem-resistant Enterobacteriaceae, or CRE.

Here’s a look at the type of scopes involved, the risk of infection, and what to do if you’ve been injured by an Olympus scope.

Talcum Powder May Increase Ovarian Cancer Risk in African American Women

Talcum powder, or baby powder as it's sometimes called, seemed harmless enough before. But recently the stuff has gotten a reputation for its connection to ovarian cancer. Now, there is new evidence that use of the powder is strongly linked to ovarian cancer in African American women.

This is reportedly because African American women were targeted by talc manufacturers in advertisements, according to the study's principal investigator. Let's consider what researchers discovered as reported by Reuters Health.

For women who want a permanent form of birth control, there are few non-surgical options. One of those options is Essure, a coil that can be implanted by a doctor instead of requiring invasive surgery. But Essure implants don’t come without their own risks, including device failure, infection, and hemorrhage.

Here’s what you need to know about Essure birth control implants and what to do if you’ve been injured by one.

States Sue Johnson & Johnson for Pelvic Mesh Dangers

Health care giant Johnson and Johnson was sued this week by the attorneys general of California and Washington for misrepresenting the risks of vaginal mesh implants, causing severe complications for thousands of women. The company responded by calling the lawsuits unjustified.

But the devices were recently reclassified as high-risk by the Food and Drug Administration and there are already product liability lawsuits against the company for injury from them. Let’s consider the claims.

IVC Blood Filter Plaintiffs Multiply: Should You Sue Too?

If you suffer from blood clotting complications, you have likely heard of IVC filters, formally known as inferior vena cava filters. These relatively commonly implanted medical devices have stirred up much controversy, and a bunch of lawsuits, and critics of the filters are increasingly asking if they are effective at all.

So if you have an IVC filter, should you panic? No. But you should familiarize yourself with the dangers and if you’ve been injured due to a filter then you should consider a lawsuit. You will not be at all alone — according to the Lawyers and Settlements blog, there already nearly 1,000 such cases already.