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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Guns can do a lot of damage. Whether unintentional or intentional, gunshot wounds can be catastrophic. And while the criminal justice system can punish some people for purposefully or recklessly shooting another person, that may not cover accidental shootings and may not cover the true cost of gunshot injuries.

In order to hold someone responsible for a shooting, you may need to turn to a civil lawsuit, but against whom? And what are the legal theories for liability in gunshot injury cases?

Flora Kim and David Kang, of Dallas, Texas were enjoying the annual meeting of the American Association of Oral Maxillofacial Surgeons at the Hilton Hawaiian Village in Waikiki September 2014 with their son. That was until the boy’s foot got caught in an escalator at the resort, tearing skin from his leg and requiring emergency surgery.

Now the parents are suing Crocs, claiming that the shoes the boy was wearing at the time were “negligently and improperly designed,” and that the company knew about the risk to children wearing their shoes on escalators.

As we’ve learned recently, Essure birth control implants may not be safe. The permanent coil has been known to fail, cause infection, and even lead to serious hemorrhaging. Some women injured by Essure implants have filed lawsuits against the manufacturer, Bayer, and a recent California court ruling may pave the way for many, many more.

Judge Winifred Y. Smith of the Alameda County Superior Court held that Bayer could be liable for Essure injuries, despite federal regulation of the industry. And the green light given to these 11 cases in California could mean hundreds, if not thousands will follow.

The blood thinner Xarelto, most popular among adults undergoing hip and knee replacement surgeries, can treat patients suffering from an irregular heart rhythm, hypertension, or other valvular heart conditions. And while Xarelto can prevent potentially deadly blood clots, it can also have some potentially dangerous side effects.

And now thousands of lawsuits based on those side effects are being consolidated into one case for pretrial motions. Here’s what you need to know about the latest Xarelto lawsuits.

One of the sad side effects of chemotherapy to treat cancer is hair loss. And it's become so ubiquitous that there are now charities where you can donate hair for wigs for cancer patients. For the most part, though, patients know that if they survive the chemotherapy and the cancer, their hair will someday grow back. But what if that doesn't happen?

Dozens of new lawsuits are claiming that the chemotherapy drug Taxotere is causing permanent hair loss in female patients, especially those being treated for breast cancer. Here's what you need to know:

Prescription drugs can save our lives. Whether for diabetes, heart disease, or even schizophrenia or autism, certain medications not only improve our quality of life, but help us live it. But every drug has its intended effects and its unintended side effects, and some of those side effects can be dangerous, even deadly.

If a drug company fails to warn patients or doctors about certain side effects, they could be on the hook for any injuries or death. Here are five pharmaceutical drugs involved in current litigation over dangerous and deadly side effects.

For people with irregular heart rhythm, hypertension, or another valvular heart condition, blood thinners can help prevent dangerous and potentially deadly blood clots. But as with any medication, there are risks of side effects.

One such blood thinner, Xarelto, is a popular treatment for adults undergoing hip and knee replacement surgeries. But some patients have suffered from severe internal bleeding after taking Xarelto, sometimes resulting in death. And the lawsuits against the drug’s manufacturer, Janssen Pharmaceuticals, are starting to pile up. Here’s what you need to know about the current litigation.

Exploding E-Cigarette Injury Cases: New Lawsuits Filed

Smokers know that quitting is difficult. Beyond the physical addiction to tobacco, there’s the habit of inhaling deeply and exhaling, a poisonous daily meditation practice reinforced over years. Electronic vaporizers, or e-cigarettes, have replaced tobacco for many smokers who need a hit in their lungs but are trying not to light up.

They have been proven effective in aiding smoking cessation, but e-cigs have risks of their own. Instead of the ticking time bomb that smoking cigarettes offers, vape users face physical explosions from faulty batteries malfunctioning and causing injury. Let’s look at some recently filed e-cig injury lawsuits, reported by Tech Times.

The health risks posed by inferior vena cava (IVC) filters are well-documented, well-known, and, in some cases, well-litigated. The filters, designed to prevent a blood clot from blocking blood flow to your lungs can save your life, but if left in too long, they can perforate the vein or detach from the vein and migrate elsewhere, causing unintended blockages or serious damage.

IVC filter patients have already filed nearly 1,000 lawsuits regarding filter-related injuries, some of which have been consolidated into class action cases. Can you join an IVC filter class action lawsuit? And if so, when is it too late to join?

A Philadelphia jury awarded $70 million to a boy who developed breasts after using antipsychotic drug Risperdal. The drug is manufactured by Johnson & Johnson subsidiary Janssen Pharmaceuticals, and the jury found that the companies failed to adequately warn doctors and consumers about the risk of gynecomastia in male patients.

This is the latest in a long line of decisions against Johnson & Johnson and Janssen based on Risperdal injuries, so here’s what you need to know about the drug and the litigation.