Product Liability Lawsuits

Product liability is the responsibility of a drug maker or medical device manufacturer to compensate for injury caused by defective products that it has designed and sold. When consumers are harmed by an unsafe product, they may bring a product liability lawsuit against the individuals who designed, manufactured or sold that product. Product liability litigation has rapidly evolved as an effective form of consumer protection, holding manufacturers accountable for their negligence. Product liability is the responsibility of a drug maker or medical device manufacturer to compensate for injury caused by defective products that it has designed and sold. When consumers are harmed by an unsafe product, they may bring a product liability lawsuit against the individuals who designed, manufactured or sold that product. Product liability litigation has rapidly evolved as an effective form of consumer protection, holding manufacturers accountable for their negligence.

The harsh reality is that many companies place the drive for profits over public safety and as a consequence, potentially dangerous drugs and defective products are rushed to market without proper testing. Even after pharmaceuticals and devices are approved for patient use, the long-term side effects necessitate cautious monitoring. When drug makers and device manufacturers avoid properly handling these responsibilities, the ramifications are often disastrous. Dangerous drugs and defective medical devices account for the bulk of product liability claims in the US.
The harsh reality is that many companies place the drive for profits over public safety and as a consequence, potentially dangerous drugs and defective products are rushed to market without proper testing. Even after pharmaceuticals and devices are approved for patient use, the long-term side effects necessitate cautious monitoring. When drug makers and device manufacturers avoid properly handling these responsibilities, the ramifications are often disastrous. Dangerous drugs and defective medical devices account for the bulk of product liability claims in the US.

Types of product liability

Products liability refers to the legal responsibility of parties along the chain of manufacture of any product for damages or injuries it may cause. A pharmaceutical or medical device company has an obligation to sell a safe product. This includes the responsibility to design, produce, inspect, and label a product appropriately. Manufacturers must also provide consumers and the medical community thorough safety information about their product.

Products liability lawsuits fall under three main categories, where liability may be placed on manufacturers or suppliers:

• Design defects – If a device or product is unreasonably dangerous when used for its intended purpose, the manufacturer may be held accountable for designing a defective product.
• Manufacturing defects – Flaws or defects during manufacture, which makes a product more dangerous than intended or would be suspected by the user.
• Defects in marketing – When the manufacturer provides inadequate instructions or fails to warn consumers about a product’s latent dangers.

Notable product liability settlements

Blatant negligence on the part of drug makers and device manufacturers has prompted several high-profile product liability lawsuit settlements in recent years.

• Yaz and Yasmin (2012): Bayer Healthcare Pharmaceuticals is paying out $110 million to settle more than 500 product liability claims alleging Yaz side effects caused blood-clot related injuries such as pulmonary embolism and deep vein thrombosis (DVT). The company later negotiated an additional $24 million for plaintiffs who developed gallbladder disease after taking the birth control pills.
• Avandia (2010): GlaxoSmithKline offered $460 million to settle 10,000 cases that alleged the manufacturer concealed heart attack risks linked to their Type 2 diabetes drug.
• Zimmer Durom Cup (2008): Zimmer created a settlement fund of $47.5 million in 2008, which was reportedly increased to $145 million in 2010 for product liability lawsuits alleging the Durom Cup suffered design and manufacturing flaws.
• Silicone breast implants (1994): Dow Corning Corporation, the Bristol-Myers Squibb Company and the Baxter Healthcare Corporation agreed to pay $3.7 billion to women who sustained injuries and severe complications stemming from silicone breast implants. The settlement is one of the largest ever in a product liability class action lawsuit.

Possible damages recovered in claims

A qualified products liability lawyer can determine eligibility when considering a lawsuit involving defective products, whether alleging marketing defects or claims of strict liability.

Plaintiffs may be entitled to the following types of damages:

• Past and future medical treatment and hospitalization costs
• Lost wages
• Diminished quality of life
• Pain and suffering
• Losses related to the wrongful death of a loved one or family member, such as funeral expenses
• Punitive damages to punish and deter future similar conduct

There has been a tremendous change in product liability law over the past decade, which has increased consumer protection by expanding liability of manufacturers and sellers. Today, product liability lawsuits are based on any one of three theories of liability: negligence, breach of warranty or strict liability. A consumer who is harmed by a dangerous drug or faulty medical device and pursues legal recourse may do so based on one or all three of these premises. The success of many product liability claims often hinge on expert witness testimony that establishes or denies a connection between an alleged defect and injury. Those who are harmed by prescription medications or medical devices are urged to consult a lawyer experienced in product liability, who can offer advice about the potential of your case.

Overview of types of litigations

• Class action lawsuits: Rather than bringing an individual claim, some plaintiffs who are injured by defective products join others in a class action suit. The “class” is comprised of plaintiffs who allege similar injuries from one or more common defendants. The action may be brought in state or federal court by a class representative. Benefits to both parties include the ability to leverage a settlement without litigating each claim individually. An example of this is the Fen-Phen products liability class action of 2000 that resulted in a $3.75 billion settlement for more than 200,000 plaintiffs. Any settlement or court award rendered is always split evenly among the class.
• Multidistrict litigation (MDL): When large numbers of federal lawsuits involve common issues of fact against one or more defendants, these cases may be consolidated in a single district court for more streamlined pre-trial proceedings. Known as multidistrict litigation (MDL), this differs from a class action in that each claimant retains the individual status of their case. The MDL provides that all cases of a similar nature already filed, as well as later claims are sent to one judge so as to minimize inconsistent judicial rulings and expedite the discovery process. Numerous pharmaceuticals and medical devices named in product liability lawsuits have been coordinated in MDL proceedings. These include DePuy ASR hip implants, Actos medication, Vaginal mesh products, Pradaxa, and the Mirena IUD.
• Multi-county litigation (MCL): Functions in the same way as an MDL, but takes place on a state level. In New Jersey, MCL was established to consolidate 80 Stryker Rejuvenate hip lawsuits, which were filed in the wake of the Rejuvenate and ABG II modular hip stem recall.

Time limits for filing product liability lawsuits

Defective products and dangerous drugs cause severe injuries and deaths every year. If you or a loved one has been affected, contact a products liability lawyer to determine your eligibility for securing compensation. You may be entitled to significant damages to help with medical expenses and lost income in addition to pain and suffering and/or punitive damages. Remember that every state has its own statute of limitations (time period for taking legal action) for filing a product liability lawsuit, so make sure your rights are protected and don’t delay.