Defective Products


Representing NYC Residents in Defective Products Liability Claims

From the moment we wake up, we are surrounded by consumer products that make our lives easier: cellphones, taxi cabs, heating, cosmetics, air conditioning – even food and toothpaste – are consumer products. Additionally, we rely on pharmaceutical companies to product medication and medical products to makes us feel better. Considering the large volume of consumer products that the average person interacts with every day, it should come as no surprise that people are hurt and killed by defective consumer products every year. According to the Consumer Product Safety Commission (CPSC):

  • Approximately 70 people are killed in consumer product-related electrocution accidents nationwide every year. The most common products associated with these deaths include small appliances, large appliances, and power tools.
  • More than 74,000 children (less than five years old) suffered serious injuries related to nursery products in 2011. Most of these accidents involved strollers, cribs, mattresses, or high chairs. In the same year, 341 children were killed in nursery product accidents.
  • Emergency room across the United States treated 42,700 injuries caused by instable appliances, furniture, and televisions. In 2006, 180 people were killed in this type of accident. Children were accounted for 45% of these accidents.

Manufacturers, and the companies that sell their products, can be held legally accountable to their customers for injuries caused by defective products. Suing a large manufacturer for compensation can be challenging, but our New York City personal injury lawyers have the skill and experience to handle this type of case. Request a free case evaluation to learn more about your options with Greenberg & Stein, P.C.

List of Defective Products:

How do I prove that the manufacturer is at fault?

There are three general approaches to proving a product liability claim:

  • Strict Liability – The product was inherently defective at the time you received it, making it unsafe for use under any circumstances
  • Negligence – The manufacturer failed to take reasonable care in the design of the product, the manufacture of components or the assembly process, or failed to properly warn you of the potential hazards associated with the product’s use
  • Breach of Warranty – The product was dangerous as a result of its failure to meet the stated standards of performance or of safety

Depending on the circumstances that you were injured or your loved one has suffered under, there may be a few different people at fault and held liable for the case. Manufacturers may be held responsible for grossly defective products, such as the notorious adverse side effects from some types of birth control. Poorly designed packaging or false advertising may hold marketers at fault. Even product placement at the stores can lead a product to be considered defective. If you have been injured by a defective product, you need to contact our firm right away – you may be entitled to receive compensation.

There are three categories under which product liability claims may be made:

  • Design Defect – This category includes products whose defects were inherent in their design. The dangers caused by their defects exist no matter how careful and controlled the production of the product was. The defects in the design effect all the products manufactured according to that design map which means that more people are at risk of people injured by this type of defect.
  • Manufacturing Defect– This means that a defect was found in one or more of the products produced by the manufacturer because a shortfall in the production. This defect is caused by either shoddy workmanship in building the product or the use of poor-quality materials. Manufacturing defects pose a risk of danger no matter how well the product was designed.
  • Marketing Defect – Certain products carry risk of danger by their very nature, such as sharp objects or electrically powered equipment. Since these dangers are plausibly foreseeable by the manufacturer, the manufacturing company is required to provide adequate warnings of those risks and proper instructions on how to use their product safely if those risks are not open and obvious to the average user.

Injuries Caused by Dangerous Consumer Products

The Federal Government has taken action to warn the general public of the dangers of using certain products, publishing information gathered from sources including the FDA, the USDA and the NHTSA regarding reported defects which have led to product recalls at Some of the most recently posted recalls include a stroller with a wheel which is prone to breaking, creating a risk of falling and choking, tires which are liable to tread separation and blowout, car seats which do not adequately protect the child in the event of a collision, and an automobile with a door that is at risk of swinging open suddenly during travel.

New York City Defective Products Cases

GranuFlo and NaturaLyte dialysates are used to draw toxins out of the bloodstream. Both of these brand-name dialysate products are used to treat patients with acute kidney disorders. Typically, the kidneys naturally remove toxins from the bloodstream; however, patients with kidney failure can use an artificial substitute (dialysate) to replace this function. Although these products can effectively replace kidney function, dialysis treatment has been connected to serious side effects, including heart attack, stroke, and death. Return to list.

DePuy Hip Implants, produced by a division of Johnson & Johnson, were recalled in 2010 after implant recipients began to suffer severe pain. According to some, the metal-on-metal implant design was defective. Some consumers even suffered constant, debilitating pain when the implant damaged the soft tissue surrounding the hip. In some instances, the implants became completely dislodged. Other consumers suffered bone fractures, inflamed joints, and dangerous chromium levels in the bloodstream. These side effects are not always treatable and may require corrective surgery. Return to list.

The Hernia and Transvaginal Surgical Mesh Patch is used to restore tissue damage caused by post-surgery hernias. Surgical mesh may also be used to treat pelvic organ prolapse; a condition that occurs when a woman’s pelvic organs began to press against the walls of the vagina. Although surgical mesh has been used to treat many patients, it can result in a number of severe side effects – including pain, infection, bleeding, pain during sex, vaginal scarring, and other conditions. In some instances, women treated with surgical mesh suffered bowel, blood vessel, and bladder perforation. Return to list.

Shoulder Pain Pumps are used to manage pain following shoulder operations. Unfortunately, some consumers suffered debilitating conditions after using the product. In rare instances, the shoulder pain pump can destroy the cartilage in the joints in the future. This condition is called “chondrolysis” and is very painful. In some cases, patients suffer permanent shoulder damage. Chondrolysis is characterized by the following: constant shoulder pain, popping or grinding in the shoulder, stiffness, weakness, and decreased range of motion. Return to list.

Duragesic is a pain medication produced by Johnson & Johnson to treat moderate and severe pain. The medication is administered through a skin patch and should not be used to treat mild pain. This medication is designed to give patients long-lasting paint relief. Although Duragesic can provide effective relief from serious pain, it can also cause detrimental side effects. Common but serious side effects include decreased heart rate, difficulty breathing, confusion, abnormal thoughts, unusual behavior, and fainting spells. According to the FDA, this medication also carries the potential of serious injury and death. Return to list.

Actavis Fentanyl Patches are designed to treat long-term, severe pain. Like Duragesic patients, consumers using Actavis Fentanyl Patches should beware of serious side effects. According to the FDA, these patches should never be used to treat mild pain or short-term conditions. In extreme cases, users may suffer drug overdose when using the pain patches, resulting in severe illness and death. Narcotic overdose from the Actavis patch is characterized by shallow breathing, severe tiredness, sedation, incoherent speech, inability to walk, confusion, dizziness, and sleepiness. Return to list.

The Zimmer NexGen Knee Replacement was touted as a “pioneer in knee replacement solutions.” However, the many patients have suffered from the replacement’s defective design. According to some consumers, the replacement was at risk of dislocation and loosening. Although dislocation is not life threatening, it can be severely painful and detrimental to the patient’s quality of life. Defective knee replacements may require revision surgery. Other side effects include knee pain, the inability to walk, inability to stand, knee failure. Doctors estimate that thousands of patients received these faulty knee replacements. Return to list.

The Stryker Rejuvenate Modular Hip is a medical implant used to treat patients dealing with osteoarthritis, rheumatoid arthritis, or traumatic arthritis in the hip. Although hip replacement is viable treatment option for many patients, this particular brand is associated with dangerous side effects. In fact, the Stryker Rejuvenate Modular Hip was recalled in 2012 after its manufacturer observed serious complications in patients during post-market research. The hip replacement is subject to corrosion and failure, which can lead to serious tissue damage, swelling, and pain. These side effects can be severe and may require surgery to correct. Return to list.

Medtronic Infuse Bone Graft is associated with a number of serious and life-threatening medical complications. Some cases have been associated with male sterility. Other patients reported difficulty breath, inability to speak, difficulty swallowing, and other complications. These respiratory conditions are usually associated with swelling of the patient’s airways. Some instances led to nerve damage, respiratory depression, airway compression, and death. The FDA warned consumers that most of these complicates occurred within two weeks of the initial bone graft operation. Extreme cases may be treated with additional surgery, medication, respiratory support and tracheotomies. Some patients even required a feeding tube after the bone graft. Return to list.

Mirena IUD is an intrauterine contraceptive device. Although the device may effectively prevent pregnancy, it has been known to cause serious medical complications as well. In some instances, the device did not effectively prevent pregnancy, resulting in ectopic pregnancy or intrauterine pregnancy. Other consumers suffered from pelvic inflammatory disease, and perforation of the uterine wall. The IUD has also been known to become embedded in the wall of the uterus. These side effects can be very painful and long-lasting. Some consumers believe that the IUD device may be responsible for breast, ovarian, and uterine cancer as well. Although these life-altering side effects are not common, they can result in decreased quality of life and death. Return to list.

Were injured by a defective product?

Defective products can cause serious injury, illness or death to consumers and require to the attention of a dedicated and highly experienced personal injury attorney to ensure that you are able to receive the highest amount of compensation available after an accident. At Greenberg & Stein, P.C., we stand ready to provide you with the representation you deserve in your time of need and ensure that you are able to obtain a favorable settlement for your case. In fact, we are so committed to the wellbeing of our clients that unless we are able to receive a desired outcome for your case, you will owe us nothing. If you or a loved one has been injured by a defective product, it is imperative that you contact our team as soon as possible and retain the legal counsel of a trusted New York City personal injury attorney from our firm today.

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