Products liability can manifest itself anywhere a product may have caused injury or damage, such as a mechanical saw, a loose pool drain cover, or a defective tire. Usually, a products liability lawsuit can be proven in one of two ways, either by showing that a product has an inherently dangerous design, or perhaps by showing the manufacturer's failure to warn the consumer of known dangers of the product.
Many products liability actions center on some type of failure of a medical device or product, such as a hip replacement, or a drug.
Distributors of drugs should provide complete, accurate and up-to-date information on the drugs that they are selling. Failure to provide complete and accurate information can, and often does, result in detrimental effects unexpected by the prescribing physician and not consented to by the exposed patient.
Even proper use of a pharmaceutical agent can, and often does, result in harm to the patient. This risk of harm is inherent in the use of drugs for medicinal purposes. A patient may be administered the proper drug, in the proper dosage, at the proper times, for the proper purpose and still suffer a completely unpredictable, unexpected and disastrous effect. These adverse or bad reactions to drugs are a significant cause of illness and death.
Patrick Neighbors has extensive experience in the field of products liability. In 2001, he was involved in the civil defense of North Carolina doctors associated with the Sulzer hip implant lawsuit, perhaps the largest medical device products liability action in the nation's history. Through this experience, Patrick gained invaluable insight into how these suits are structured, negotiated, and settled or won.
Often, you will read in the headlines on how a drug or product has wreaked disastrous results on its users or patients, and you wonder how such a product could be released into the stream of commerce with such dangerous propensities. Aren't there safeguards in place to protect the public from such hazardous products? What about the Federal Drug Administration (FDA)? Isn't there a governmental watchdog? It is generally believed that some manufacturers fail to disclose the dangerous attributes of a product, to the public and government agencies, with the costs of litigation in mind. In other words, the company figures its revenue from the product will outweigh any payouts they must make for liability. This is a dangerous practice that is difficult to eliminate. Only by securing meaningful compensatory and punitive damages against a manufacturer can the practice be curtailed.
If you believe you have experienced injury as a direct result of a defective product or as a result of a manufacturer's failure to warn about the dangerous attributes of a product, you should have your claim evaluated immediately. Contact The Neighbors Law Firm by calling 1-888-466-7762 or clicking the link below!
The Neighbors Law Firm, P.C.
© 2008 The Neighbors Law Firm, P.C.