How to File a Product Liability Claim
Knowing how to file a product liability claim is crucial for keeping you and your loved ones safe from malfunctioning products and devices.
New innovations in medical technology and pharmaceutical products are improving the lives of Americans more and more every day. From hip replacements to contraceptive devices to innovations in pain relief, we rely in countless ways on medical products to help us live fulfilled lives. Unfortunately, however, sometimes the products that are supposed to improve our lives end up causing more serious complications than the conditions they sought to remedy.
According to the U.S. Consumer Product Safety Commission, “…in 2010, an estimated 38,573,000 people sought medical attention for an injury related to, but not necessarily caused by, a consumer product. This is an increase of 2,059,000 (5.6 percent) from the 2009 estimate.” In addition, among product liability cases, “…medical malpractice cases have the highest median damage awards at $600,000.” If you or someone you love has suffered because of a product malfunction or defective device, a product liability claim may be in your best interest.
In order to prevent further injury or harm, please consider these suggestions, starting with the most urgent:
- Legal Intervention: Once your physical health has been properly dealt with, call a personal injury attorney like Greenberg & Stein to discuss if a product liability claim is the appropriate next step for you. We will guide you through the process of filing this type of claim so you can find the compensation you deserve.
- Medical Attention: When necessary, please seek medical attention before seeking legal answers. Although we have strong feelings for justice in these situations, the most important and urgent matters must be dealt with immediately. If you are suffering because of a defective medical device or medication, speak with your doctor.
- Documentation: Once it has been confirmed that a product liability claim is appropriate for your case, we will ask you to provide a list of dates, times, witnesses, and locations of incidents related to the product malfunction.
You may be wondering what types of products may lead to circumstances in which you find yourself thinking about filing a product liability claim. The following is a list of products and companies that may be under the scrutiny of product liability claims.
- GranuFlo and NaturaLyte
- DePuy Hip Implants: Made by Johnson & Johnson, these implants have been known to cause metallosis, a condition in which, over time, small metal debris causes damage to bones and tissue near the implant.
- The Hernia and Transvaginal Surgical Mesh Patch: Thousands of lawsuits have been filed against manufacturers of these products made to treat pelvic organ prolapse. Patients claim that the product caused severe pain and that they were not properly warned of the complications that may occur.
- Shoulder Pain Pumps
- Actavis Fentanyl Patches
- The Zimmer NexGen Knee Replacement: This product allegedly malfunctioned often when the artificial knee did not bond with the femur as intended.
- The Stryker Rejuvenate Modular Hip: Some patients whose bodies rejected the product experienced serious side-effects to this product, complaining of chronic pain and swelling.
- Medtronic Infuse Bone Graft: The manufacturer of this product has faced severe allegations of bribing researchers to conceal findings that the bone graft could cause severe pain and difficulty breathing.
- Mirena IUD: This long-term contraceptive produced by Bayer has faced several lawsuits from women who suffered breast pain, back pain, and acne after insertion of the product.
If you or your loved one has suffered injuries because of one of these products, you may be entitled to compensation for your losses. At Greenberg & Stein, our attorneys are very familiar with each of these products and the intricate details related to filing a product liability claim. We are experienced in fighting for the reciprocity of consumers and we are pleased to consider your case for product liability claim. Call today to discuss whether your case might qualify for compensation.
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