Types of Product Defects
There are three major types of product defects that can be dangerous for consumers. Our attorneys can help determine which classification is pertinent to your situation to build the strongest case possible.
Products are considered to have a design defect if there is something inherently unsafe in the design of the product that has nothing to do with the manufacturing process. In order to prove liability in these cases, your attorney must demonstrate that there is an alternate design that is safer than the original, while being equally economically feasible and retaining the original products' purpose. Examples of design defect include a medical device that fails easily and can lead to damage to other parts of the body, drugs with hazardous side effects such as VIOXX® and Bextra®, or knee and hip implants that break because of poor design.
Products can have a manufacturing defect if they are well designed, but improperly manufactured. These types of defects are somewhat easier to prove because the product departs from its intended design. However, these cases can still be very complex because of the difficulty involved in providing evidence that the defect caused injury. Examples of manufacturing defects may include prescription drugs or nutritional supplements that were contaminated with something toxic while being bottled, or devices manufactured with subpar materials to save costs.
A marketing defect occurs when the manufacturer of a product uses false advertising or fails to warn consumers about possible negative consequences associated with using the product. Examples of marketing defects include a product that is sold to treat a condition, but results in unexpected catastrophic side effects; or a pain reliever that does not have adequate warning labels about taking more than the recommended dosage.
Types of Injuries from Unsafe Products
Each year, hundreds of product liability lawsuits are filed in civil courtrooms across the country. The stories behind these cases are often tragic, involving preventable incidents and innocent victims caught unaware. There are also examples of wrongful death and devastating, life-altering injuries, as well as other repercussions stemming from the use of a dangerous product.
In one Oklahoma case, the plaintiff suffered severe neurological symptoms, which his doctor eventually tied to his 25-year use of Polident® denture cream. The product contained zinc (which has been subsequently removed), which can be toxic to the body in large doses. This man was confined to a wheelchair because of his daily use of what he assumed was a harmless product. Other Polident® users suffered similar or worse injuries, and manufacturer GlaxoSmithKlein paid at least $120 million to resolve more than 100 claims related to the product.
This same pharmaceutical company is now facing multiple lawsuits for anti-nausea chemotherapy drug, Zofran®. This medication was marketed as an off-label morning sickness treatment for pregnant women. The drug was used to prevent first-trimester nausea, but has been tied to serious birth defects, including heart problems and spina bifida.
We have successfully assisted victims of faulty tools, machinery, automobiles, medical equipment, and prescription drugs, and have been instrumental in winning a large number of significant settlements and verdicts.
In another instance, many patients are seeking compensation after they had received a Bard® inferior vena cava (IVC) filter. These metal filters were designed to catch blood clots, preventing the risk of stroke and pulmonary embolism. However, the devices were prone to failure, breaking apart and moving to other areas of the body, resulting in catastrophic injuries to other organs, and even causing the wrongful death of some patients.
These cases illustrate the far-reaching effects of a dangerous defective product. Lives can be ruined or lost because a corporation pursues profits despite known risks to human safety. In many cases, the evidence shows a company had warnings of a potential problem but decided to ignore them to avoid the expense of a recall or redesign.
Tawwater Law Stands with Victims
At The Tawwater Law Firm, we believe it is very important to continue to hold manufacturers, marketers and distributors accountable for their actions. If you or a loved one have suffered serious or catastrophic injury because of a defective product, you can fight for restitution. Holding large companies responsible for their products creates a market standard of liability, and can help prevent the same experiences for other consumers.
Proving liability in any type of defective product case can be a difficult and complex task. Our attorneys are experienced in handling all areas of dangerous products lawsuits and can help you to recover the compensation that you deserve. This can include compensation for medical costs, lost wages, pain and suffering and anticipated future losses. In some cases, punitive damages are awarded against the company.
We have successfully assisted victims of faulty tools, machinery, automobiles, medical equipment, and prescription drugs, and have been instrumental in winning a large number of significant settlements and verdicts. These victories send a message that may deter future incidents, and provide victims and families with needed financial assistance for recovery.
We Can Fight for You
Our firm is dedicated to fighting for victim's rights, allowing clients to focus on recovery and healing. To learn more about your legal options, please contact our office to schedule an appointment with one of our attorneys.