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 first lawsuit has been filed against Samsung as a result of the exploding Galaxy Note 7s that were recalled last month. Surprisingly, the lawsuit is not over the phone explosion itself, but rather the economic damages that the recall notice caused to consumers. A judge still needs to approve the class-action status of the lawsuit.

For the 1.9 million Samsung phones that were subject to the recall in the U.S., consumers were advised to cease using and power down their phones. That left the phones unusable, leaving many consumers not just without a phone, but still on the hook for pricey phone bills. That’s exactly what this lawsuit is covering, as well as incidental damages and loss in value.

Like few other drugs, the antipsychotic Risperdal can treat schizophrenia and bipolar disorder, and reduce irritability and aggressive behavior in autistic children. But like any other drug, Risperdal has side effects, including causing breast enlargement and diminished sexual functioning in young autistic boys.

These side effects have led to a slew of litigation, from patient lawsuits to charges from the Department of Justice. Here is a roundup of all the latest news on those lawsuits, from our archives.

Having a pacemaker put in requires heart surgery, which is a very serious operation. Pacemakers are little devices that keep the heart beating in proper rhythm. Generally, the device is surgically implanted in the shoulder, stomach, or near the heart, and wires are attached from the device to the heart. The device works by constantly measuring the rhythm of the heartbeat and using little electric shocks to keep the heartbeat at the proper rhythm.

The main concern for people with pacemakers is that the device will just stop working or fail. When that happens, a person can lose consciousness, and it can be potentially fatal. When there is a problem with a pacemaker, or it stops working, the patient may be completely in the dark about what is going on because the device is inside their body.

There are countless reasons people choose to get plastic or cosmetic surgery. Sometimes it stems from vanity, sometimes it’s to cover up scars or conditions that make a person insecure or subject to ridicule, and sometimes it’s for conditions related to a person’s health. Whatever the reason for getting plastic surgery, it is no different than any other medical procedure in that there are risks involved.

Below are some of the common ways plastic surgery can go wrong.

While the number of Xarelto lawsuits continues to increase, the FDA issued a response to Portola Pharmaceuticals, makers of the potential Xarelto antidote, AndexXa. The FDA has requested more information which will delay the release of the antidote to the public.

The manufacturer of the anti-clotting drug, Xarelto, has been sued by over 7,000 individuals as a result of an alleged failure to warn users of the side-effects. Additionally, the drug has no antidote to immediately reverse the anti-clotting effect it has on the blood. In comparison, the leading anti-clotting drug, known as warfarin, stops being effective when a patient is injected with vitamin K. The antidote’s approval is being expedited due to the urgent need for a way to reverse the effects of Xarelto.

The advances in 3D printing technology are creating a legal gray space for product liability. Generally, when a person is injured due to a defective product, or failure to warn, the manufacturer, designer, and/or the company that put the product into the marketplace can be found liable for the injury. But 3D printed objects don't exactly fit the current legal framework.

At first blush, one might think that the person who provides the design is going to be liable. However, the first question that arises is whether the design was compatible with the type of printer used. Then, it needs to be asked whether the printer caused the defect. Then, you need to find out whether it was the materials used in the printer that caused the defect.

Also, because 3D printed items require a user to print the design, you need to factor in user error and the ever elusive failure to warn on the part of designer, manufacturer, retailer, and component makers. Clearly, there are many considerations that make finding out who is liable much more difficult than one might initially think.

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?

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.

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.