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

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.

Suing Over Flawed Metal Hips Used in Replacements

After a trial in Texas this year, Johnson and Johnson was ordered to pay $502 million to five plaintiffs injured by the company’s flawed artificial hips. The hips, sold under the name Pinnacle, leached metals into patients’ bodies and failed prematurely, forcing the plaintiffs to undergo additional surgeries and endure more pain.

A federal jury was definitely feeling the plaintiffs’ pain, considering that it awarded them $360 million in punitive damages based on Johnson and Johnson hiding flaws in the product and marketing the hips aggressively anyway. Let’s look at the claims, as reported by Bloomberg News, and what this means to you.

If you have been diagnosed with schizophrenia, autism, or bi-polar disorder, you may have heard of Risperdal. The drug, manufactured by Johnson & Johnson subsidiary Janssen Pharmaceuticals, has been prescribed as an anti-psychotic that can treat those conditions. But Janssen has been in trouble for years over how it has marketed Risperdal, and now it’s in trouble for hiding the drug’s side effects.

A 2012 study of autistic boys showed that breast enlargement and diminished sexual functioning are common side effects of the drug, and new lawsuits are claiming Janssen and Johnson & Johnson failed to warn doctors and patients about the risk.

Xarelto Injuries or Fatalities: Can You Sue?

If you were prescribed the anticoagulant, or blood thinner, Xarelto and were injured as a result, you are not alone. If you choose to sue the drug manufacturer, you will also not be the first. Last month, an estate administrator was the latest to file a complaint against Janssen Pharmaceuticals and a slew of other entities in federal court in Louisiana on behalf of a deceased woman who allegedly died from complications associated with the drug.

According to the complaint, Opal Perkins was prescribed the drug to reduce the risk of pulmonary embolisms and died from a blood transfusion necessitated by gastrointestinal bleeding caused by Xarelto. Now her estate is suing the manufacturers, reports The Louisiana Record, arguing that they negligently or fraudulently represented their product to the medical community.

Suing Big Pharma

Let’s be honest, many consumers don’t have a lot of faith in giant pharmaceutical companies right now. Between the constant barrage of television ads with never-ending lists of side effects to new stories every day about supposedly life-saving drugs that turn out deadly. And that’s without even mentioning the rampant price-gouging.

While lawsuit based on a drug’s price are few and far between (and difficult to prove or win), lawsuits based on a drug’s danger are far more common. Here are three ways to sue big pharma based on pharmaceutical drug liability:

If you suffer from a high risk of blood clotting due to surgery or an accident, an inferior vena cava filter or IVC filter can save your life. But in most cases, IVC filters are only supposed to be temporary fixes: the Food and Drug Administration has repeatedly warned of the risks associated with IVC filters and documented hundreds of adverse health events due to leaving IVC filters in long after they are needed.

Some of these injuries have led to lawsuits, so here’s what you need to know about IVC filters and your legal options:

Just months after a jury ordered the company to pay $72 million to a woman's family after her death from ovarian cancer was linked to its talcum powder-based products, Johnson & Johnson is being sued again. A Los Angeles man filed a wrongful death claim on behalf of his wife, claiming her fatal ovarian cancer was also due to using Johnson & Johnson products.

This is on top of around 1,200 lawsuits in Missouri and New Jersey that have been filed against the company, accusing it of failing to warn consumers of known cancer risks.

We all want our children to be happy and healthy, but sadly some children are born with birth defects or birth injuries. And while some may be genetic or random chance, some birth defects can be caused by medication, the environment, or even a virus. Some birth injuries can be caused my the negligence of doctors, nurses, or other medical personnel.

If a child’s birth defect or injury is the fault of another person or product, parents may consider suing the person or company responsible. Here are some legal tips for birth defects lawsuits:

As the worsening Lumber Liquidators scandal has shown, you can find dangerous levels of formaldehyde in some weird places. The CDC warns that exposure to formaldehyde can irritate your airways, causing a sore throat, scratchy eyes, and nosebleeds, may exacerbate existing breathing conditions, and has been known to cause cancer.

Along with avoiding laminated flooring from Lumber Liquidators, here are some other places to be on the lookout for formaldehyde, and whether you can sue if you’ve suffered adverse health effects from formaldehyde exposure.