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.

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The controversy over the Bair Hugger surgical warming blankets has escalated beyond expectations. When the federal court initially accepted the case as a multi-district litigation case, there were just over a dozen cases. Now, just one year later, there are nearly 900 cases claiming the Bair Hugger caused surgical site infections. Currently, the parties and the court are working on figuring out which cases will be tried as representative (Bellweather) cases.

Basically, the way the device works has been called into question, despite it being widely accepted throughout the medical industry. The surgical warming blanket system works by essentially forcing warm air into sterile disposable blankets that are placed on a patient's body.

The lawsuits claim that the part of the device that forces the air into the blankets can be easily contaminated, because it sits on the floor, thereby increasing the risk of infection by circulating contamination from the floor into the warming blankets that rest directly on a patient's skin.

Tech giant Apple is facing another lawsuit that claims they are liable for an auto accident which resulted in a death because the at-fault driver was using their iPhone at the time of the crash. Underlying the claim is the fact that Apple apparently has the technology to prevent drivers from using their iPhones in dangerous ways while driving. This newest lawsuit is also premised upon the same patent used in an earlier lawsuit, which shows that Apple has the technology to detect when a device is being operated by a driver in order to prevent certain features, like texting, from working.

The plaintiffs in the case, the surviving family of the five-year-old child that died as a result of the accident, assert that Apple is at fault because the driver that caused the accident was in the middle of a FaceTime video call when they caused the accident. The plaintiffs’ legal theory, in both new and old cases, is that Apple should be liable because it knew people would use their technology in this dangerous way but didn’t didn’t stop it with a “driver lock-out” feature.

Ikea, the company known for affordable, flat-pack furniture that buyers must assemble themselves, has agreed to settle three wrongful death cases filed against it for $50 million. The three cases, filed in the state court in Pennsylvania, claim that the furniture maker was negligent in not manufacturing their dressers to meet industry standards, which resulted in the death of three toddlers (in three separate incidents) who were crushed when the dressers toppled over onto them.

Ikea has settled a few other lawsuits with similar claims over the last decade, and reports indicate that this may have been a known issue dating all the way back to 1989. All in all, there have been seven reported deaths due to unstable Ikea furniture.

Jurors in Texas awarded six California plaintiffs $1.041 billion in a lawsuit against Johnson & Johnson and its subsidiary, DePuy Orthopaedic, over defective hip implants. It's another ignominious defeat for J&J, who've been hit with six of the seven largest jury awards this year, according to the American Bar Association.

It's also another in a long line of lawsuit losses for J&J and DePuy over their hip implants, which plaintiffs allege cause tissue death, bone erosion, and other injuries.

Mesothelioma is a type of cancer that affects the lining of a person’s internal organs, such as the lungs, stomach, and heart. There is no cure for the disease, and most cases are directly related to exposure to asbestos.

According the American Cancer Society, mesothelioma is a rare disease with approximately three thousand cases diagnosed each year. Individuals who become sick, injured, or die, as a result of asbestos exposure, may have a legal claim depending on how the exposure occurred. It can be extraordinarily difficult to assess the legal claim as mesothelioma may develop decades after the asbestos exposure.

You may have heard the term 'class action lawsuit' before, especially when it comes to large companies being sued by a bunch of disgruntled customers. While the majority of lawsuits are filed by one party against another single party, a class action allows many parties who are similarly injured or situated to bring one lawsuit, for the sake of consistency and efficiency.

For example, one person injured by a defective car could sue the car manufacturer, but if the defect is widespread and causes many injuries, all of those affected could sue the car manufacturer collectively, under a class action claim. Class actions can be confusing, so here are four of the biggest questions regarding class action lawsuits, along with some answers.

According to the National Highway Traffic Safety Administration, almost 20 percent of all traffic accidents involve distracted drivers, causing 3,179 deaths and an estimated 431,000 injuries in 2014 alone. And while drivers can be distracted by all kinds of things -- food, loud music, unruly passengers -- much of the attention has fallen on drivers texting and talking on the phone while driving. The NHTSA estimates 385 fatal crashes in 2014 involved the use of cell phones as distractions.

If all of these statistics make you wonder if cell phone companies are doing enough to prevent distracted driving incidents involving their products, you may have your answer soon. A new lawsuit against Apple, claiming the tech company is responsible for a fatal crash in Texas, may test the limits of liability for cell phone companies in distracted driving accidents.

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.