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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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.

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.