Defective Products

St. Jude ICDs

An implantable cardioverter-defibrillator (ICD) is a device surgically placed in the upper chest area to detect and correct arrhythmias (irregular heartbeats). When an ICD detects an arrhythmia, it sends an electric pulse to the heart to restore normal rhythm. The ICD thereby prevents patients from experiencing cardiac arrest or sudden cardiac death.

Lithium batteries that power the ICD are designed to last several years. When a patient’s battery supply is low, the ICD will send a vibrating alert to the patient, notifying the patient to see their physician soon. Usually, patients have about three months from the time of the alert to the time of full battery depletion.

Our firm is pursuing litigation related to several models of ICDs manufactured by St. Jude Medical Inc. (a subsidiary of Abbott Laboratories) because their batteries are defective and deplete rapidly. In certain St. Jude ICDs, the batteries develop deposits or “clusters” of lithium inside, which can lead to short-circuiting and nearly immediate battery depletion. Patients have almost no time to get their batteries replaced before the ICDs are dead, which exposes them to significant medical risks, including death.

If you or one of your family members has sustained an issue with rapid battery depletion in an ICD, contact a dangerous product attorney at Parker Waichman today for a case evaluation. You could be qualified to file a lawsuit against the manufacturer to receive compensation for medical bills, time off from work, and more.

Seek Justice Through a Prescription Drug Product Liability Lawsuit

Prescription drugs are highly regulated by the Food and Drug Administration (FDA). Drug manufacturers have an ongoing duty to make sure their products are safe for ingestion and are packaged with adequate warning information for doctors and patients. When patients do not have all of the information they need, they are not able to make informed choices about their medical treatment.

Parker Waichman LLP works to hold prescription drug manufacturers accountable when they distribute unsafe medications. We are currently handling cases related to many drugs, including the following:

SGLT2 Inhibitors

Our firm is taking cases involving injuries from sodium-glucose transport protein 2 (SGLT2) inhibitors. Common brand-name SGLT2 inhibitors include Invokana, Xigduo XR, and Jardiance. These medications are prescribed for the treatment of type 2 diabetes, a disease that causes a person’s pancreas to make inadequate insulin to control blood sugar. People who have type 2 diabetes have too much sugar in their blood, and medications like SGLT2 inhibitors are supposed to reduce blood sugar levels to prevent patients from experiencing serious complications.

SGLT2 inhibitors are designed to regulate glucose by manipulating a protein found in the renal system. When your kidneys produce urine to eliminate waste from your body, this protein prevents some glucose from being expelled so that it can be reused as energy. The protein’s function is quite helpful in people with normal blood sugar, but people with diabetes already have too much sugar in their bloodstream, so they need to eliminate more of it through their urine. SGLT2 inhibitors block (or inhibit) the function of the protein so that diabetic patients can expel more glucose and have a healthier balance of sugar in their blood.

However, SGLT2 inhibitors have been associated with medical complications that mimic some of the issues diabetic patients already face, leading to kidney injury, urinary tract infections, diabetic ketoacidosis, and amputations of the toes, feet or legs. These injuries have devastating effects on people’s lives, and our firm fights for victims’ rights to appropriate compensation in the form of defective product settlements. If you took an SGLT2 inhibitor and suffered one of the above injuries, call a dangerous product lawyer at Parker Waichman today. You might qualify to file a claim for damages against the drug manufacturer.

Opioid Painkillers

It is difficult to ignore the opioid crisis America faces. A major part of the problem with addiction and overdose deaths in the United States is the enormous increase in opioid prescriptions. Throughout the past decade, the number of people taking prescription opioids has ballooned. Many people who take them will go on to use and become addicted to illegal drugs like heroin.

Prescription opioids are powerful painkillers that are only supposed to be prescribed to patients with severe pain, like breakthrough pain in cancer patients. However, manufacturers unleashed an onslaught of marketing to doctors, persuading them to use opioids as a safer, more effective alternative to other pain medications. Doctors then started prescribing them to patients with milder pain or other, painless conditions. Through a vast system of misinformation, deception, and corruption, millions of people have become dependent on opioids, and people are dying from overdoses and opioid complications every day.

The opioid painkiller litigation will undoubtedly be expansive and include many manufacturers, but Parker Waichman is already managing cases and investigating more on behalf of injured people and families who have lost loved ones. If you have battled dependency or addiction, suffered medical complications or lost a family member to opioids, contact our firm today. One of the product liability lawyers at Parker Waichman can advise you of your potential legal options and pursue recovery on your behalf.

Taxotere

Taxotere (docetaxel) is a chemotherapy drug primarily indicated for treatment of breast cancer. It is manufactured by Sanofi-Aventis U.S. LLC and was marketed as a superior treatment option to the popular chemotherapy drug Taxol. But patients who receive treatment with Taxotere can experience permanent hair loss.

Most patients who undergo chemotherapy understand that they will lose their hair. With most chemotherapy drugs, however, the hair eventually grows back. Taxotere causes permanent hair loss on the head, eyebrows, eyelashes, and body. Women who have been treated with Taxotere are devastated to find that they will never regrow their hair, and they experience extreme loss of self-esteem, often leading to isolation.

Patients who have battled cancer do not deserve to deal with the embarrassment of lifelong hair loss, particularly when they would have opted for another treatment if they had known about the risks. Our firm is standing up for the rights of these women, and we are aggressively seeking justice against the drug manufacturer. If you underwent chemotherapy treatment and suffered permanent hair loss (persisting six months or longer), call Parker Waichman today. Our defective product attorneys will investigate your claims to see if you can file a lawsuit against the manufacturer.

File a Consumer Product Liability Lawsuit and Get Compensation

The medical industry is not the only industry responsible for the safety of its products. We pursue legal restitution in product negligence cases for victims of defective pressure cookers, faulty cars, inclined baby sleepers, dangerous cosmetics, exploding batteries, and many other inappropriately labeled or unsafe devices, compounds, and tools, from Ukoniq to Neocate and e-cigarettes to earplugs.

Dangerous Cosmetic Products

Manufacturers of cosmetic products are not bound by the same intense regulation from the FDA as manufacturers of medical devices and prescription drugs. However, the manufacturers of cosmetic products still have a legal obligation to make sure their products are safe for consumers to use. Parker Waichman files lawsuits on behalf of people injured by dangerous cosmetics, and we work tirelessly to achieve the results they need.

One product our product liability attorneys are investigating and pursuing legal action over is talcum powder. Products like Johnson’s Baby Powder and Shower to Shower powder have long been used by women to maintain feminine hygiene. Some women put talcum powder in their undergarments or dust their genital area with the powder to prevent moisture and odor, a practice encouraged for years by product manufacturers. But talcum powder has been linked to ovarian cancer, and these manufacturers have done nothing to change their products or warn consumers. The presence of talc embedded in ovarian tumors suggests that the substance travels through the female reproductive system during prolonged use, causing cancer in the ovaries.

Our attorneys are actively litigating cases against Johnson & Johnson for ignoring and concealing the cancer-causing potential of its talcum powder products. Contact a product defect attorney at Parker Waichman today if you or someone you love has been injured by a defective cosmetic product, like talcum powder, to see if you have grounds for a product liability lawsuit.

Parker Waichman LLP is also reviewing Artificial Eye Drop vision loss and death claims as well as uterine cancer and ovarian cancer claims associated with the prolonged use of chemical hair straighteners and relaxers.

Automobile Defects

The manufacturers of cars, trucks, and SUVs have a duty to ensure the safety of their vehicles before selling them to the public. Defects in the vehicles can lead to serious collisions and severe injuries. Our firm handles cases involving vehicle defects and malfunctions, including:

• Faulty brakes
• Steering wheel malfunctions
• Airbag defects
• Hood malfunctions
• Faulty transmissions
• Defective seat belts

These cases can also sometimes fall under state lemon laws, which protect consumers who buy faulty automobiles. Our firm will explore all possible options for recovery in your automobile case, so contact us today to discuss your situation. A Parker Waichman product liability lawyer can help you secure compensation for your injuries, economic losses, and pain and suffering.

Faulty Building Materials

Materials that you buy for a construction job or home improvement project should meet the standards provided by the manufacturer and be safe for handling. Under state laws, manufacturers of building materials (or any consumer product) cannot make false claims about their products and cannot sell products that are dangerous. Parker Waichman helps consumers who have purchased or been harmed by faulty building materials to seek the compensation they need.

Currently, our firm is investigating claims of faulty building materials like CertainTeed vinyl home siding. This siding has been reported by consumers to degrade, warp, melt, blister, and ripple due to exposure to the sun and outdoor elements. CertainTeed has refused to honor lifetime warranties to repair the defective siding, and our firm is coming to the aid of affected consumers.

If you bought a defective building product, like vinyl home siding, contact our firm today to learn how we can help you seek legal recourse against the product manufacturer.

Defective Equipment and Tools

Certain equipment and tools will inherently carry risks when used, like handsaws and drills, but the manufacturers have a duty to make sure that they do not sell unreasonably dangerous products. When used for the intended purposes, tools and equipment should not carry unknown and unnecessary risks to consumers. Defects during the design or manufacturing phases of equipment and tools can lead to severe injuries, such as:

• Lacerations
• Amputations
• Broken bones
• Head trauma
• Internal injury
• Electric shock
• Burns
• Death

Parker Waichman diligently reviews claims of equipment and tool defects to make sure injured people receive just compensation for their injuries. If you have been harmed due to a malfunction or a defect in a tool or piece of equipment, contact our law firm today for a free case evaluation.

Hazardous Herbicides

Most people are familiar with and use herbicides to control weeds in their home lawns and gardens. Many people also use herbicides at work on golf courses, parks, sporting fields, and farms. Roundup is one such herbicide that became extremely popular due to of the effectiveness of its active ingredient, glyphosate. Glyphosate, however, can be extremely dangerous and can lead to the development of certain kinds of cancer. Recently found to be a probable carcinogen, glyphosate is linked to non-Hodgkin’s lymphoma and subtype cancers, including lymphocytic lymphoma, chronic lymphocytic leukemia, B-cell lymphoma, and hairy cell leukemia.

Parker Waichman is investigating claims on behalf of people who developed one of these types of cancer after repeated use of Roundup. We are suing the manufacturer, Monsanto, for concealing information about the risks associated with Roundup and for selling the product in an unreasonably dangerous condition.

If you regularly used Roundup at home or work to kill weeds and developed non-Hodgkin’s lymphoma or a similar type of cancer, contact our firm today. We will review your case to see if you might be able to file a negligence product liability lawsuit against the manufacturer to cover your medical costs, pain and suffering, and other damages.

Frequently Asked Questions About Product Liability Lawsuits

What Is Considered a Defective Product?

A defective product is a product that causes unexpected injury to a consumer when being used for its intended purpose.

What Are the Three Types of Product Defects?

The three types of product defects are:

• Design Defects: Flaws inherent to the product’s design
• Manufacturing Defects: Errors in how the finished product was constructed
• Marketing Defects: Products that do not come with adequate warning labels to ensure safe use

What Is Product Liability Negligence, and Who Is Responsible?

Product liability negligence occurs when a supplier releases a defective product onto the market. Suppliers can include retailers, wholesalers, and manufacturers, any or all of which may be held responsible if a defective product causes injury.

Who Can Bring a Product Liability Lawsuit?

When suing for defective products, the plaintiff is typically the consumer who was injured by the product. However, family members may also file a product liability lawsuit if the person who was injured by the defective product is unable to do so. In a product liability class-action lawsuit, the plaintiffs can be anyone in the country who was harmed using the product, and these cases are brought on behalf of all victims of the product defect.

What Is Product Liability Tort Law?

Product liability tort law governs defective product claims. Tort law concerns any civil wrong that leads to suffering or harm.

What Is the Most Common Cause of Action in a Product Liability Claim?

The most common cause of action for product liability lawsuits is a manufacturing defect. When this is the case, the design of the product is considered to be safe, but a mishap in the manufacturing process caused the product to be potentially dangerous to its users.

How Do You Prove a Manufacturing Defect?

The simplest way to prove a manufacturing defect starts with presenting the product itself during your litigation against the manufacturer. A defect lawsuit often cannot rely on this evidence, though, because the product may have been severely damaged when the injury occurred.

What Is the Difference Between Product Liability and Strict Liability?

In regular product liability cases, you need to show that your injuries were caused by the defendant’s negligence. In a strict liability case, a plaintiff does not have to prove that the defendant was negligent because the product itself is inherently dangerous.

Who Is Responsible to Look Out for and Report Faulty Products?

Suppliers of consumer products, including manufacturers, retailers, and distributors, are legally required to report product defects to the federal Consumer Product Safety Commission as soon as they become aware of them. Failure to do so can lead to hefty penalties.

What Agency Recalls Dangerous Products?

Manufacturers are typically responsible for recalling dangerous products, but this process may be facilitated by the Consumer Product Safety Commission (CPSC). The CPSC helps to publicize product recalls and maintains a current database of recalled products. However, the CPSC only deals with consumer products; defective automobiles are under the jurisdiction of the federal Department of Transportation, and the Food and Drug Administration handles cases involving foods, drugs, and cosmetics.

What Would a Plaintiff Need to Prove to Bring a Product Liability Claim?

In order to sue for product liability, a plaintiff must be able to show that the product had a defect, that they were injured, that the defective product caused their injury, and that they were using the product as it was intended to be used when the injury happened.

What Are the Limits to Product Liability Claims?

The time limit on product liability cases, also known as the statute of limitations, varies from state to state. You may have as little as a year or as long as ten years to file your claim.

Is Product Liability Considered Negligence?

Yes, a product liability claim is often based on negligence. A product liability claim for negligence assumes that the defendant had a duty of care to those who would use their product when they chose to manufacture or sell it and that by releasing the product in a defective form, they have violated that duty.

What Defenses to Liability Can Be Raised in a Product Liability Lawsuit?

A few defenses commonly used by the defendants’ firms in product liability lawsuits are that the plaintiff acted negligently, the product was dangerous but not unreasonably so, the product was altered after being purchased, the plaintiff did not meet the burden of proof to support their claim or the manufacturer did all that they could to ensure the product’s safety by using the best technology available at the time.

What Counts as a Manufacturing Defect?

A manufacturing defect is any unintended flaw that came about during the manufacturing process. For example, an incorrectly wired electronic device that short-circuited and caused a fire was faulty due to a manufacturing defect.

What Are the Two Common Elements Necessary for Recovery in Any Product Liability Case?

Two common elements that must be shown in any product liability lawsuit are that the product was defective and that it was in that condition when the defendant released it into the market.

Can I Claim Compensation for Faulty Goods?

Yes: This is the underlying basis for all product liability cases. When considering how to sue a company for a faulty product, remember that in order to receive compensation, you must first show that you were harmed by the faulty product and that the fault occurred due to actions taken or omitted by the supplier.

How Can I Find a Top Product Liability Attorney Near Me?

It’s simple to find a top-rated defective product lawyer: Just call 1-800-YOUR-LAWYER to connect with an experienced attorney and get a free case evaluation.