Product Liability – News

  • 1/5/2012. Johnson & Johnson sued in wrongful death case (children’s Tylenol) (pdf).
  • 1/5/2012. Actos Lawsuits to be Consolidated in Louisiana Court.
    • Actos lawsuits against Takeda Pharmaceutical Co. will be consolidated before one judge in Louisiana federal court. The Actos lawsuits claim that the drug causes bladder cancer, a side effect about which the manufacturer and co-defendant Eli Lilly & Co. failed to properly warn the public. In September, Takeda reported that 54 federal Actos lawsuits had been filed, and dozens more have followed, according to court records. Potentially, Actos users who were diagnosed with bladder cancer may still have legal recourse to file a claim for damages, such as medical expenses; however, there is a time limit for filing all Actos lawsuits and failure to act within this window will prevent the patient from ever taking legal action for their disease. If you or a loved one has been diagnosed with bladder cancer after taking Actos, call us today for a free, no obligation case review.

  • 12/28/2011: Drug maker Pfizer and its affiliates have settled nearly half of the product liability claims involving the hormone-replacement therapy drugs Prempro, Premarin and Provera.
    • According to a regulatory filing the drug company reported that, as of Oct. 2, 2011, it had settled or “entered into definitive agreements or agreements-in-principle to settle” approximately 46 percent of hormone-replacement therapy claims. “We have recorded a charge of $260 million in the first nine months of 2011 that provides for the minimum expected costs to resolve all remaining hormone-replacement therapy actions against Pfizer and its affiliated companies,” the company said in its Nov. 10 filing statement with the SEC.have been filed in federal and state courts by women claiming injuries from the use of menopause drugs made by the drug company or its affiliates.Earlier this month, a Philadelphia jury awarded $76 million in compensatory damages to three women who had sued Pfizer’s Wyeth unit, alleging that hormone therapy drugs caused their breast cancer. Days after the $76 million verdict, Wyeth settled the case for a confidential amount in order to avoid a trial on punitive damages.

Analysis

  • At any moment during the day, a products liability claim can develop. From the lead in toys that our children enjoy to the tires on our vehicles that we trust to safely transport our families, the consequences of a defective product can be devastating. The area of law that has developed to remedy these situations is called products liability. Consumers have a right to assume that the products they use are safe and reliable. When they fail and cause injury or death, a consumer has a right to file a claim against a number of parties in the chain that allowed the dangerous product to be put out on the market.
  • Products liability, therefore, often involves complex litigation. The nature of a products liability claim is dependent on the jurisdiction or state where the injured person lives, the type of product and the variety and cause of the defect. Product defects can surface in different facets of the user experience including defects in design, manufacturing or even when a manufacturer fails to warn of associated dangers in the product’s use. Moreover, liability in these cases can rest on many different parties ascending the supply chain up to the original manufacturer — from the manufacturer and distributor to the supplier and retailer. After gathering all of this information, a knowledgeable attorney will determine the appropriate type of claim that should be pursued including strict liability, negligence, breach of warranty or even fraud.
  • Strict Liability: Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable for harm caused by the defective product, even if the manufacturer was not negligent in making that product defective.
  • Negligence: This case type most resembles an ordinary negligence lawsuit. In addition to duty, defect, causation and injury, the injured party needs to prove that the manufacturer or seller breached its duty to the person harmed.
  • Breach of Warranty: When the maker of a product warrants its characteristics, if it fails in one of those characteristics and the failure causes an injury, a breach of warranty claim arises. Warranties can be express (written or sometimes verbal) or implied by law.
  • Medication Errors & Prescription Mistakes. Drugs often have simillar sounding names or are packaged or bottled in a way that makes drugs “look alike.” This can result in serious injury or even death. A product liability claim can often be brought in tandem with a suit for a pharmacy error (pharmacy malpracticer)
  • Defective Medical Devices: Call us if you have been injured by any of the following medical devices:
    • Depuy or Zimmer Hip Implants
      Transvaginal Mesh Vaginal Mesh

  • Defective drugs: Call us if you have been injured by any of the following drugs:
5-Alpha Reductase Inhibitor
Accutane
Accutane IBD/Colitis
ACE Inhibitors
Acetaminophen
Aciphex
Actavis Recall
Actonel
Actos & bladder cancer
Adderall
Advair
Advanced Medical Optics (AMO) Complete MoisturePlus
Advil
Aldara
Alendronate
Alli
Ambien
Amiodarone
Anzemet
Aptivus
Aranesp
Arava
Aredia
Aricept
Avandia
Avandia Heart Attack
Avastin
Avastin Eye Infection Blindness Side Effects Lawsuit
Avelox Liver Damage
Avelox Tendon Rupture
Avodart
Avonex
Azathioprine
Baycol
Bayer Aspirin Supplement Products
Bayer Heart Health Advantage
Benzocaine
Betaseron
Bextra Lawsuit
Bismacine
Bisphosphonates
Bisphosphonates-Esophageal Cancer
Bitter Orange
Bonefos
Boniva
Botox
Byetta
Byetta Cancer
Campath
Cardizem
Celebrex Lawsuit
Celexa
CellCept
Chantix
Childrens Tylenol
Cialis
Cipro
Cleocin
Clomid
Clozaril
Complete MoisturePlus
Concerta
Coreg
Crestor
Crestor Side Effects
Cylert
Cymbalta
Cytotec
Darvocet
Darvon
Daypro
Definity and Optison
Depakote
Depakote Birth Defects
DES Breast Cancer
Desmopressin
Dexedrine
Dexilant
Didronel
Dietary Supplements; Excessive Copper
Diflucan Birth Defects
Digitek
Dilantin
Diltiazem
Dolasetron
Dronedarone
Duragesic Patch
Dutasteride
Effexor
Elidel
Enbrel
Epilepsy Drugs
Epogen
Estratest
Ethex
Ethex Morphine
Evista
Fentora
Finasteride
Finasteride Erectile Dysfunction
Finasteride Male Breast Cancer
Fleet Enema
Foradil
Fosamax
Gadolinium
Gardasil
Geodon
Gianvi
Ginko Biloba False Claims
Gleevec
Heparin
Herceptin
Hormone Therapy Prostate Cancer
Humira
Hydrocodone
Hydroxycut Liver Damage
Jalyn
Ketek

Lamictal Birth Defects
Lamictal Meningitis
Lariam
Levaquin
Levitra
Levodopa
Lexapro
Listerine
Loryna
Luvox
Lymerix
Lyrica
Macrobid
Macugen
Maxipime
Medtronic Infuse
Medtronic Infuse Bone Growth Cancer
Medtronic Infuse Bone Growth Use
Menactra
Meningitis Vaccine
Mercaptopurin
Metadate
Methazolamide
Methylin
Minocin Blindness
Mirapex
Mobic
Motrin
Multaq
Natrecor
Neutrontin
Nexium
Nexium Bone Fractures
Nitrofurantoin
Novantrone
NovoSeven
Nuva Ring
Omega Alpha Kidney Flush
Omniscan Gadolinium
One A Day Multivitamins
Ortho Evra Patch
Ortho Prefest
Pacerone
Paxil
Paxil Birth Defects
Plavix
Plavix Bleeding Hemorrhaging
Pradaxa & Bleeding
Premarin
Premphase
Prempro
Prevacid
Prilosec
Procrit
Propecia (hair loss drug)
Propylthiouracil
Proscar
Proton Pump Inhibitors
Proton Pump Inhibitors Birth Defects
Protonix
Protopic
Provigil
Prozac
Qualaquin
Raptiva
Raptiva – Progressive Multifocal Leukoencephalopathy PML
Reclast
Reglan
Regranex
Relafen
Remeron
Remicade
Reminyl
Requip
Risperdal
Ritalin
Rituxan
RotaTeq
Serevent
Seroquel And Cardiac Death
Simvastatin and Amiodarone
Sinemet
Skelid
Solodyn
Soriatane
Sprycel Leukemia Drug-Pulmonary Arterial Hypertension
SSRI Antidepressants Birth Defects
Strattera
Symbyax
Tamiflu
Tamoxifen
Terbutaline
Tekturna
Thimerosal
Tiazac
TNF blocker
Topamax
Topamax Cleft Birth Defects
Trasylol
Trileptal
Tylenol
Tylenol Liver Damage
Vincristine
Vytorin
Wellbutrin
Xenadrine
Xenical
Xigris
Xolair
Yaz/Yasmin/Ocella Side Effects
Zevalin
Zicam
Zithromax
Zocor
Zoloft & birth defects
Zometa
Zyban Birth Defects
Zyvox-Serotonin Syndrome