Product Liability / Defective Medical Devices / Bad Drugs

Product Liability is the legal liability a manufacturer and or seller creating, producing and or distributing to the general public a defective product, like a medical device or drug. Are you aware that these defective and or dangerous products cause thousands of injuries in the United States alone, each and every year ? This area of the law states that the particular company or companies may be held liable for a person’s injuries after placing a defective product into the market place based upon a manufacturing defect, design defect and or a failure to warn the end user. Various state regulations help regulate product liability law under the theories of negligence, strict liability and or breach of warranty. The Food and Drug Administration also plays a part in this complicated arena of the law.

Product Liability for a defect can occur against various parties anywhere in the chain of distribution including: the actual manufacturer; a manufacturer of some of the product’s component parts, the assembling or installing company, wholesaler and finally, even the retail store.

We all know that some technology can help improve, save and or prolong our lives. That’s obviously a good thing. What happens however if that ”technology” causes significant harm or even death? Sure there are state and federal governmental agencies that issue safety standards and laws for the various products that we use, but they traditionally don’t actually test all of the products marketed to consumers. Who then looks out for the “little guy”?; product liability law firms like The Law Offices of Evan M. Ostfeld, P.A.

Defective Medical Devices. Simply put, product liability cases are based upon a product that is deemed inherently or naturally defective, but not previously disclosed to the end user. Specifically, companies involved in the manufacturing, distributing, supplying and or selling of bad drugs and defective medical devices may be liable. They may have product design flaws and or have manufacturing defects. If so, the F.D.A. (U.S. Food and Drug Administration), may issue among other things, a product recall. The bottom line, manufacturers, distributors, suppliers, sellers and/or retailers may all be held responsible for injuries and or deaths associated with their defective products!

Some examples include 3M® Military Earplugs, Hernia Mesh, IVC Filters, Roundup®, Mesothelioma, Proton Pump Inhibitor, Essure® birth control device, Fluoroquinolones (aortic aneurysm), Gadolinium MRI, Hip Replacements (metal on metal), Invokana®, Mirena PTC® birth control device, Onglyza® Opiods, Talcum Powder, Taxotere®, Travada®, PPI Gastric cancer, Stockert 3T, DePuy Attune Knee, Viagra®, Valsartan® Xarelto®/Pradaxa®, Zostavax®.

If you have been injured by a bad drug, product or defective medical device, contact the Law Offices of Evan M. Ostfeld, P.A. for a free no obligation consultation, toll free (866) I SUE YOU (478-3968), (844) 411 KING (411-5464), (954) 227-7529, text (954) 998-0075 or [email protected].