defective product attorney

The state supreme court in California has ruled that makers of brand name medications first of all owe a duty of reasonable care to make sure product labels have adequate warnings (regardless of whether the end user is exposed to the brand name drug or the generic version) and also that liability for failure to warn could be found even if the product maker stopped making the drug and no longer owns it.

That ruling, which relied on a previous decision by a federal appellate court, could have big implications for product liability litigation in California. Although it doesn’t directly impact Florida cases, it’s common for state supreme courts to rely on their sister courts’ reasoning when faced with similar dilemmas. The decision is likely to open the doors to more product liability lawsuits against brand name drug manufacturers.

The case involves a woman who was prescribed a generic version of the brand name drug Brethine, which is prescribed to curtail premature labor. She was pregnant with twins at the time. The drug was originally an asthma medication, but was given for the off-label use of halting or slowing the potential for preterm labor. Both boys were born seemingly fine, but were diagnosed with developmental delays at age 3. By age 5, they were diagnosed with autism. A lawsuit filed on their behalf against the brand name drug manufacturer, Novartis, alleged the company was aware or should have known about the drug’s potential risk of adverse effects to fetal brain development. Continue reading ›

An adult portable bed handle is defective, and has proven fatal in at least three instances. Yet since the Consumer Product Safety Commission announced the recall in May 2014, there has been a response rate of under 1 percent.

Approximately 113,000 of these devices were sold from 1994 through 2007. The purpose of the handles is to attach to bedsides in order to help people roll over, sit up or stand. The problem with these devices is that when they are attached to the side of an adult’s bed without the use of safety retention straps, the handles can slide out of place, resulting in a dangerous gap between the side of the mattress and the handle of the bed. The result is a major risk of entrapment, strangulation or death.

Many product recalls unfortunately have a low response rate. However, given the severity of potential injuries and the possibility of death, the CPSC made the unusual move of re-announcing the recall.

Of the three women who died as a result of use of this product, one was disabled and two were elderly. All three of them were residing in group facilities (i.e., nursing homes and assisted living centers). Continue reading ›

Articles Tagged with defective product attorney

Product Liability Lawsuit Ends With Endorsement of Innovator Liability Against Brand Name Drug Makers

Adult Portable Bed Handle Recall Re-Announced, as Response Rate Less Than 1 Percent