Are Your Products and Medical Devices Safe?
When you a purchase a product, you have the right to expect it to perform safely. It’s bad enough when products and medical devices don’t work. Sometimes products can be so dangerous or defective that they cause injuries or even death.
Each day, hundreds of consumers and workers across America are injured, maimed and killed by dangerous drugs and defective products. Exploding airbags, adulterated drugs, contaminated food and unsafe appliances. All of these events could have been prevented.
Compensation for Your Injuries (How to Get Paid)
If you were hurt by a defective product, chances are that someone can be held responsible for those injuries. You may be entitled to compensation. Often, multiple parties are responsible including the manufacturer of the product, the distributor and the designer.
This area of law is called Products Liability Law. There are thousands of personal injury lawyers but few handle complex products liability cases. Lawyers who handle these cases need to know more than injury law, they need to understand complex science and engineering concepts to prove not only your injuries but why they were caused by a bad drug or dangerous product.
What is a Defective Product?
Typical defective products fall into two categories, design defects and manufacturing defects. Companies can also be liable for failing to warn of known or foreseeable risks.
A design defect is a flaw in the way the product was designed. We ask three questions when considering the typical design defect case.
- Is the design of the product unreasonably dangerous for its intended use?
- Should the manufacturer have anticipated its design could cause harm to users?
- Could the manufacturer have used a safer design that was economically feasible would not alter the price too much?
Let’s look at some examples. One old one new.
When ATVs were first becoming fashionable, many were three wheelers. Hundreds of people died riding these inherently unsafe and unstable vehicles. Others suffered horrific injuries. It took several lawsuits and high jury verdicts before manufacturers got the message and regulators took notice. In 1988 they were outlawed by the government.
We are currently representing many people who purchased cars equipped with Takata airbags. Those airbags use an unstable propellant and can easily malfunction if exposed to heat and humidity. (If you or a loved one was injured or killed because of a defective airbag, contact us.)
A manufacturing defect occurs while the product is being made or assembled. Unlike a design defect which affects all products, a manufacturing defect may only affect a small percentage of the products. When you hear about recalled lettuce, it is safe to say that not every head of lettuce has salmonella. But do you want to take the chance and eat lettuce from a known contaminated farm or processing plant?
In most jurisdictions, manufacturers are responsible for manufacturing defects in what courts call “strict liability.” If there is faulty construction, the company making the product is responsible for your injuries.
Defective Warnings / Failure to Warn
Some products are by their very nature hazardous. For example, if you take too many Tylenols your liver will fail. Companies are responsible for failing to provide adequate warnings and instructions. Consumers need to know how to safely use a product or take a medication. Just like with our dangerous drug injury cases, we see plenty of failure to warn cases with medical products.
If there is a foreseeable injury or hazard that comes from use of the product, companies must warn of the risks. It’s not just manufacturers that can be held responsible for Failure to Warn cases, the people and stores that distribute the products can also be held responsible.
Warnings must be prominent, easy to understand and help the consumer to understand how to avoid the risk.
MahanyLaw – Dangerous Products Lawyers
Mahany Law’s legal team along with our selected partners represent consumers, homeowners, vehicle owners and others nationwide who have been harmed by dangerous drugs, unsafe medical products and defective machinery and consumer products. Our lawyers are dedicated to fighting big pharmaceutical companies, auto makers and others. If you are taking on a big company, make sure you have lawyers ready to fight. In 2015, we helped the government collect $16.67 billion from Bank of America. Big companies don’t scare us.
Whether the problem is with a medical device, an appliance or a car, we will fight to protect your rights, get you the maximum compensation possible and assure you receive justice.
Damages and Compensation for Dangerous Product Injuries
We are frequently asked, “How much is my dangerous product case worth?” or “What kind of damages can I recover?” Every case is unique. When welcome the opportunity to evaluate your case. Only then can we better tell you what kind of compensation you can expect to receive. In general, we can usually secure compensation for your:
- Medical bills
- Future medical needs
- Lost wages
- Pain and suffering
- Reduced earning capacity
- Out of pocket expenses
In cases where death occurs, we can also help families secure additional compensation including for funeral expenses and lost earnings.
Often punitive damages are available but laws on punitive damages vary widely state to state.
Call us for a no cost, no obligation consultation. That is the best way to learn whether or not you have a case and how much your case is worth.
No Fees Unless You Win
We take dangerous drug and defective product cases on a contingent fee (success fee) basis. That means you don’t pay unless we win.
What to Do after an Injury
Defective products cases are different from routine personal injury cases. Obviously the most important thing to do is seek medical treatment. Lawyers can wait, your safety and health can’t.
As soon as practical, contact us. If you believe a defect in your car caused an accident or added to your injuries, secure the car. If an appliance caused injuries, don’t throw it out. If you were poisoned by contaminated food, save and seal what is left in the freezer. Did a doctor replace hernia mesh? Ask that it be saved.
It is hard to prove a defective product case without the product!
Class Actions and Defective Products Cases
We treat each client and their case as an individual. It is common in defective products cases, however, that hundreds, thousands or tens of thousands of people have suffered similar injuries from the same product. When that happens, courts will often consolidate cases so that discovery and evidence gathering can be streamlined and to test whether the product maker or designer is guilty of wrongdoing. These are typically not class actions, however.
We are happy to explain what happens if a court orders cases consolidated or if a certain type case has already been designated for special treatment.
Remember, if you or a loved one were hurt or killed by a defective product or dangerous drug, contact us immediately. If possible, save the product or drug causing the injury. The time to bring defective products cases varies widely state to state. Don’t delay in seeking our help.