Have you heard about the controversy surrounding baby formulas in the US? What mothers thought of as a superfood for their newborns turned out to be fatal, causing a very serious intestinal disease in premature kids. These infant formulas are blatantly marketed as the best choice for babies, with the big players, like Abbott and Mead Johnson, not even having an iota of shame.
Similar instances have occurred in defective medical devices like Bard PowerPort used for delivering IV fluids and drawing blood samples. Breakage, infections, and injuries have been reported by many patients.
These companies were sued right, left, and center, under Product Liability laws. Such consumer-centric rules, or laws, are the only means common civilians can fight against crony capitalism. This post will take you through two sections of product liability laws that can arm you with tremendous power to fight against false marketing gimmicks and safeguard the lives of your little ones.
What is Product Liability?
We will start this section with a rather unfortunate statistic. A report indicates that from 2018 to 2022, over 13,000 medical devices underwent recalls. In most cases, faulty designs cause serious patient complications.
Strict Liability vs. Negligence: Understanding The Landscape of Product Liability
While in most cases, these malfunctioning devices are not life-threatening, they can cause chronic side effects and result in high medical expenditures. As a user, you expect safety when using products as intended. Not one consumer will purchase a product if there is even the slightest inkling of risk.
So, when consumers are injured or lose their lives due to a product defect, they are entitled to legal protection. Product liability laws regulate these circumstances. They determine the criteria and procedures for victims to seek compensation and hold the perpetrators accountable.
The Theory of Strict Liability
In this liability clause, the plaintiff does not need proof of fault. In simpler terms, the defendant is liable to pay compensation for harm, even if they were not negligent and had taken all precautions.
The affected plaintiff does not need to prove that the manufacturer made mistakes. They just need to prove that the defective product caused them harm even when they used it as directed. So, how do you file for such a claim?
For starters, you need to prove that the product is indeed defective. The issue can be in its design, manufacture, or warning labels. Next, it is important to demonstrate that the injuries were a result of using the product in question, either directly or indirectly. Finally, you need to establish the extent of your damages.
For example, let us talk about the controversy around implantable catheters. These are fairly delicate, small implants used to deliver medicines and take out blood in terminally ill patients. Bard Inc. is one such company that has seen a wave of lawsuits against its PowerPort catheters.
Here, an affected patient can file a Bard PowerPort lawsuit owing to the inherent manufacturing blip that was only exposed after prolonged use. According to the claims, it is the incorrect combination of barium sulfate used in manufacturing the catheter that is causing it to break and migrate inside the body.
According to TorHoerman Law, victims have suffered severe injuries like cardiac arrhythmia, tissue perforation, blood clots, ruptured blood vessels, and pulmonary embolisms. You are entitled to compensation only if there are concrete causal links between the catheter and your medical condition.
Negligence in Product Liability
Strict Liability, as we have observed, places emphasis on the product itself. If the product is found to be defective and causes harm, the manufacturer can be held responsible, irrespective of any negligence.
On the other hand, negligence centers around the manufacturer’s behavior. If they did not take proper care and the negligence resulted in harm, they can be held responsible.
A successful negligence claim rests on four key elements: duty, breach, causation, and damages. First, you need to ascertain that the manufacturer has an inherent duty to ensure their product is safe.
Following this, you need to prove that the manufacturer, in some way, failed to uphold its duty and did not exercise reasonable care. Then, you must link this breach to your injuries with the help of concrete pieces of evidence. Finally, you need to define the extent of your injuries, as corroborated by medical professionals.
More often than not, this comprehensive process will require you to hire an experienced product liability attorney. These professionals are trained in handling even the most complex cases and will help you adhere to the statute of limitations for your case. Also, with their help at your helm, you will have time and mental peace to recover from your injuries.
Defenses and Limitations in Product Liability Cases
Yes, product liability laws do go a long way in helping affected consumers get justice. However, the big-shot manufacturers aren’t cardboard characters in this story. These bigwigs have robust legal teams, with several tricks up their sleeves.
One frequently used defense is the assumption of risk. The argument contends that the plaintiff possessed knowledge of the potential hazards associated with the product and deliberately elected to utilize it.
The defendants can also make subjective claims. They can argue that the plaintiff used the product in an unintended manner or made modifications to it. If you are filing a case months after using the product, how will you prove otherwise? Such astute claims help the company argue that it should not be held responsible for any resulting issues.
One of the most prominent defense arguments revolves around regulatory clean-chits. If the Food and Drug Administration (FDA) has approved a medical device or a drug, then the manufacturers argue that they did what was asked of them. They claim that they adhered to all norms as formally defined by the FDA and, hence, should be absolved of any blame.
What does a plaintiff do when faced with such fierce opposition? The answer is simple. You need to build a strong case that is replete with concrete pieces of evidence. You will have to scrape for every piece of evidence and document each one of them exhaustively. You might also need to get help from expert witnesses to establish cause and disprove defenses.
Hire the best possible personal injury lawyer for your case, and leave no stone unturned. Do not lose hope. Fight with perseverance and in a just manner. Have faith in the country’s law and order.
