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Dangerous Products, Devices and Drugs

In a perfect world, the products we use every day will be designed and manufactured free of defects. Unfortunately, this is not a perfect world, and each year thousands of people suffer serious and life-threatening injuries caused by dangerous products, devices, and drugs. Safety and reliability are vital concerns for consumers, however, some corporations do not value these as important when designing, manufacturing, and marketing products.

These companies must be held accountable for the damage a dangerous product, device, or drug can cause to you or a loved one. These types of cases are complicated and require the experienced representation of attorneys like Graves McLain, Tulsa product liability lawyers. You can bring a legal claim against the manufacturer, distributor, and seller of a dangerous or defective product if you or a family member is injured.

What is Product Liability?

Thousands of injuries are caused each year in the United States by defective or unsafe products. Product liability law is a system of legal rules that govern who is liable for defective or harmful products. It differs from ordinary personal injury law.

A producer or seller might be held accountable for placing a defective product in the hands of a customer. All sellers of the goods in the distribution chain bear responsibility for a product flaw that causes injury. In general, the law mandates that a product meet the consumer’s ordinary expectations. When a product has an unforeseen fault or hazard, it cannot be said to fulfill the consumer’s normal expectations.

The liability of any or all parties involved in the manufacturing of a product that causes damages is known as product liability. This includes component part manufacturers (at the top of the chain), assembling manufacturers, wholesalers, and retail store owners (bottom of the chain). Product liability actions are filed when a product contains inherent faults that cause harm to a consumer (or someone to whom the product was borrowed, donated, etc.).

Product liability has expanded the concept of tangible personal property to include intangibles such as gas, naturals such as pets, real estate or property, and writings. Tort law is the principal source of product liability.

In most cases, product liability is a strict liability offense. In product liability, regardless of the defendant’s intent, a defendant is responsible if the plaintiff establishes that the product is defective. It makes no difference whether the maker or supplier took great care; if the product has a defect that causes harm, he or she will be held responsible.

Types of Product Liability Cases

We rarely consider the potential dangers of the goods we use on a daily basis. Faulty and dangerous products may cause harm without even realizing it. There are many products and devices we use on a daily basis that can cause harm, like a car default driving to and from work, a prescription error in our daily medicine, or a defect in a cellphone that causes a burn. These injuries can take many different forms, each with its own set of repercussions and regulations.

There are three types of product liability lawsuits:

  • Breach of Warranty: A breach of warranty shows that the manufacturer persuaded the consumer that the product was safe, or that the manufacturer guaranteed or demonstrated good faith that the product was safe.
  • Negligence: We display negligence by being reckless with the product’s manufacturing or design. This could happen during the manufacturing, design, or delivery stages. It is also deemed negligence if a manufacturer is aware of a flaw yet does nothing about it.
  • Strict Liability: Because Oklahoma is a strict liability state, a plaintiff needs to establish that they were injured as a result of a manufacturing, design, or lack of warning label.

Almost any product can be defective or unsafe to use due to a bad design, manufacturing failure, improper instructions, or a lack of prudence in its use. If any of these things happen, a product liability case will almost certainly follow.

Types of Defects in Products Liability Cases

Design flaws, manufacturing flaws, and warning/instruction flaws are the three types of product flaws. All three categories of defects include a product that is defective or inadequate in some way. A product might be defective due to a manufacturing error, poor design, or the manufacturer’s failure to provide adequate warnings or instructions on how to use it properly. Any form of product flaw can result in legal action.

1. Design Defects:

Design flaws or defects are inherent in the product since they exist before it is made. While the object may perform its purpose adequately, a design defect makes it unnecessarily risky to use. Problems with a product’s model are known as design faults. Manufacturers are compelled by law to make safe products. They can’t create or sell harmful products if the design poses an unjustifiable risk of injury, especially when safer alternatives exist.

A defective design meets the requirement when a better design is available at the time of manufacture, and the product is unreasonably harmful as a result of the bad design. It is a question of rationality whether a thing is defective.

Once the jury concludes that the design is flawed, the manufacturer is solely responsible for the injury caused to the victims. The plaintiff bears the burden of proof in 47 states, including Oklahoma, to establish the existence of a design fault.

2. Defects in Manufacturing:

Manufacturing flaws arise during the item’s construction or manufacture. In this situation, only a few products of the same type are defective. When a product does not turn out as expected, it is called a manufacturing defect. A manufacturing defect occurs when a single product has an unforeseen problem or malfunction.

Manufacturing flaws, unlike design flaws, are not inherent in the design. Instead, something goes wrong while the product is being manufactured. A manufacturing mistake could affect just one item, or it could affect a large number of comparable things.

3. Marketing mistakes:

Improper instructions and omissions to alert consumers of hidden dangers in the product are examples of marketing flaws. When somebody does not know how to use something properly, harm can occur. When a company creates and sells a product, it must provide instructions on how to utilize it.

Making and marketing a safe product requires providing proper instructions. A maker must give sufficient information and instructions for a reasonable person to figure out how to utilize the product properly. What counts as reasonable instructions is the standard.

If a person is injured as a result of a product’s lack of adequate warnings or instructions, the maker may be held financially accountable.

Oklahoma Products Liability Statute

In today’s society, product safety is a top priority. Many products produced, manufactured, and sold in the United States are scrutinized by the federal government. Manufacturers and sellers strive to adhere to a complexity of rules. Unfortunately, when a plaintiff files a case, all of this hard work is worthless. Both the United States Supreme Court and the Oklahoma Supreme Court have recently ruled that following federal requirements does not protect a manufacturer or seller from product liability litigation.

Over a dozen states have enacted legislation to halt the trend. Oklahoma became one of those states on May 2, 2014, when HB 3365 was signed into law. The new law, which took effect on November 1, 2014, gave makers and sellers extra protections in product liability lawsuits.

Manufacturers and dealers can now establish compliance with federal safety standards or premarket licensing requirements to avoid liability in cases involving an alleged fault in a product’s formulation, labeling, or design. Only by demonstrating that the regulations were insufficient to safeguard the public or that the manufacturer committed fraud during the regulatory process can a lawsuit overcome the assumption. The statute does not apply to manufacturing flaws or problems, nor does it apply where a product has been voluntarily recalled or removed from the market by government action.

The safeguards for sellers are significantly more robust. A vendor can no longer be sued in a product liability lawsuit by default. There are several exceptions to the norm, such as when the seller has complete control over the product’s design, testing, manufacture, packing, or labeling or has otherwise altered it. There are other exceptions in warranty disputes when the maker cannot be held accountable for the defective product in any other way, and under specific negligence theories. The default norm, on the other hand, is tremendously beneficial to sellers and merchants.

Oklahoma now understands that producers work hard to make safe products and that innocent sellers should not be forced to bear the expenses of lawsuits just for selling goods.

Products Liability Statistics

Serious injuriescan occurin a variety of ways through no fault of the injured party, and the rehabilitation process can be lengthy. In addition to the physical and mental pain caused by the injuries, there is the added burden of figuring out how to pay all of the medical bills, related medical expenses, lost time for work, and support their family during this time. Due to the numerous elements involved in personal injury law, actions to recover damages for serious injuries are frequently quite challenging.

It does not matter what limitations a serious injury has placed on one’s life. Whether it prevents a person from work, engaging in specific activities, or simple life enjoyment, as long as there were serious injuries sustained and some damages incurred, a person has the right to file a personal injury lawsuit against the responsible party.

Median And Average Personal Injury Jury Awards By Type Of Liability, 2020

Medical products claims receive the highest median compensation in product liability cases ($4,030,868), according to the Insurance Information Institute. Between 2018 and 2019, 21% of all culpability personal injury jury awards were for $1 million or higher. During the two years, awards of $1 million or more accounted for 75% of all product liability damage awards, the highest proportion by type of case.

Defense costs as a percentage of incurred losses in categories like product liability and medical malpractice are relatively high, reflecting the high cost of defending certain types of claims, such as medical injury cases and class actions against pharmaceutical corporations. In 2020, in addition to $1.1 billion in product liability claims, insurers spent $667 million on settlement expenses, accounting for 60.9 percent of the total losses.

Product liability insurance protects a product’s producer, distributor, or seller from legal liability stemming from a fault that causes personal harm or property damage when the product is utilized. Some insurers also offer product recall insurance, which is a specialty product designed to cover the costs of product recalls. Insurance companies are required to defend their policyholders in court should a product liability suit arise.

Hernia Mesh Implants

Each year, nearly 80,000 individuals undergo hernia surgery to repair problems with a surgical mesh product to reduce the rate of occurrence. Unfortunately, these mesh fibers can break down and spread throughout the body and cause serious and even permanent injuries. If you or a loved one has suffered an injury after hernia surgery, the defective mesh could be involved. Let the attorneys at Graves McLain help.

DePuy™ Pinnacle Hip Implants

As a franchise of orthopedic and neurosurgery companies acquired by Johnson & Johnson in 1998, DePuy™ has been the leader in hip replacement technology for over four decades. Unfortunately, the business is also the subject of more than 11,000 lawsuits concerning their Pinnacle hip implants. If you have a DePuy™ hip implant which is causing you pain and discomfort, or if you have already had revision surgery and have not already filed a claim, Graves McLain is here to assist you.

Smith & Nephew Hip Implants

Headquartered in London, Smith & Nephew, PLC is a British-based, multinational medical company and the fourth-largest producer of orthopedic reconstruction products in over 90 countries. In September 2007, Smith & Nephew, PLC, along with Biomet Inc., DePuy Orthopedics, Inc., and Zimmer Holdings, Inc. entered into settlement agreements, under which they agreed to pay up to $300 million in total to adopt industry overhauls and undertake corporate monitoring to avoid criminal charges of conspiracy. If you have a Smith & Nephew hip implant which is causing you pain and discomfort, Graves McLain can help you seek compensation.

Stryker Medical Hip Implant

For thousands of patients throughout the United States, Stryker Corporation’s Rejuvenate and ABG II metal hip implants are failing and causing serious and even life-threatening injuries. Unfortunately, it has been repeatedly proven that these hip implant devices fail at an alarmingly high rate. If you have a Stryker hip implant that is causing you pain and discomfort, or if you have already had revision surgery and have not already filed a claim, Graves McLain can help guide you through the process.

Wright Medical Hip Implant

Headquartered in Arlington, Tennessee, Wright Medical Group, Inc.™ has been designed, manufacturing and marketing joint implants since 1950. As many patients have found, their metal-on-metal designs have led to shedding that penetrates surrounding tissues, enter the bloodstream and lead to metal toxicity. These are complicated cases and require the experienced representation of the attorneys at Graves McLain.

Necrotizing Enterocolitis (NEC)

Babies born prematurely will often need supplemental nutrition and specialized care to ensure proper development and compensate for their low birth weight. During this period, many medical professionals will encourage the parents of a premature baby to introduce baby formula as a supplemental nutrition source. Recent evidence suggests that some bovine-based formula brands, including Similac and Enfamil, could cause these infants to develop necrotizing enterocolitis (NEC).

Roundup®

First introduced in 1974 by Monsanto, Roundup® is one of the most popular weed killer products in existence and has long been a staple product for farmers, homeowners, and landscapers. Unfortunately, only now is the public starting to see the effects that Roundup® may cause including a potential link between the product and Non-Hodgkin’s Lymphoma. If you used Roundup® and have been diagnosed with Non-Hodgkin’s, our Monsanto Roundup® Injury Attorneys will investigate your claim and explain your rights.

Zantac

The FDA recalled all ranitidine products, including Zantac, due to increased research that shows these drugs can produce high levels of Nitrosodimethylamine (NDMA), a carcinogen that has been linked to cancer development. Additional research has also shown that mothers taking Zantac during pregnancy may potentially cause birth defects in human fetuses. If you or a loved one were exposed to high levels of NDMA from Zantac and had consequences, Graves McLain can help.

Talcum Powder/Ovarian Cancer

Although talcum powder has been a staple in many bathroom cabinets for years, studies have shown a strong correlation between the regular use of talcum powder in the genital area and the development of ovarian cancer. And, although this was first studied as early as 1971, Johnson & Johnson and other companies chose not to add warning labels to their products. If you or a loved one were diagnosed with ovarian cancer after extensively using Johnson’s Baby Powder® or Shower to Shower® for feminine hygiene purposes, our experienced attorneys are here to review your case.

What to Do After a Medical Mistake

Although you may not realize it immediately, many of the actions you take after using a dangerous product, defective medical device or recalled drug can impact not only your recovery process but also your ability to seek legal action against the manufacturers of the device. The attorneys at Graves McLain can answer any questions you may have about your defective medical device claim; however, once side effects occur, there are 4 key steps you should take in the following months.

Seek Medical Attention

Your health should be a foremost priority once you begin seeing the side effects of a dangerous product, device or drug. In some cases, this may require revision surgery to remove the device, painful rehabilitation or additional medical treatments. Do not neglect the ability to avoid potentially serious side effects by working with a health care provider.

Document Symptoms and Their Effects

While you may think you will remember every single bit of pain you are experiencing currently or other associated side effects; it is important to document the process to ensure minor details are not lost over time. Keep a journal of your experience and how the associated symptoms have impacted your daily life.

Research Current Lawsuits

Often product recalls or medical device recalls will be documented thoroughly and can shed light on current and ongoing lawsuits. Take the time to research your medical device to see if others are suffering from the same problems that you are and whether there is already a case in progress that you could join.

Request a Legal Review

With the above information taken into consideration, you should be able to determine if it is time for you to seek legal counsel and act against the manufacturer of a medical device. No matter how small the side effects may seem, the defective product attorneys at Graves McLain are here to review your case and help provide legal guidance if needed.

  • Professional, compassionate, and very smooth way

    I have been working with chad McLain for two years. He has helped me get my case resolved in a professional, compassionate, and very smooth way. I wasn’t just a number in this lawsuit which included many others. This firm has made me feel like I was the only one. Amy Cox has also been amazing. She was always so very kind each time I contacted her with questions. Her character shines through, and I’m so thankful she was there for me. I would definitely suggest that anyone who might need a lawyer for a medical lawsuit to choose Graves McLain law firm.

    Robert S.
    Submitted April 1, 2022

  • Professional, compassionate, and very smooth way

    I have been working with chad McLain for two years. He has helped me get my case resolved in a professional, compassionate, and very smooth way. I wasn’t just a number in this lawsuit which included many others. This firm has made me feel like I was the only one. Amy Cox has also been amazing. She was always so very kind each time I contacted her with questions. Her character shines through, and I’m so thankful she was there for me. I would definitely suggest that anyone who might need a lawyer for a medical lawsuit to choose Graves McLain law firm.

    Robert S.
    Submitted April 1, 2022

  • They were always willing to respond and were very positive

    My orthopedic doctor recommended Graves McLain, PLLC, to me following the need for revision hip surgery due to a hip from Stryker that was putting poison into my system. The doctor took care of the hip, and Graves McLain, PLLC, took care of the legal case. They were very thorough, professional, courteous, and always ready to answer the questions I had throughout the length of the case. In a word, the entire office is fantastic. I’m sure they were tired of my inquiries on the case’s progress, but they did not show it. They were always willing to respond and were very positive. If I ever have a claim in the future, they will be the first group to whom I reach out.

    Robert S.
    Submitted April 1st, 2022
  • Professional, compassionate, and very smooth way

    I have been working with chad McLain for two years. He has helped me get my case resolved in a professional, compassionate, and very smooth way. I wasn’t just a number in this lawsuit which included many others. This firm has made me feel like I was the only one. Amy Cox has also been amazing. She was always so very kind each time I contacted her with questions. Her character shines through, and I’m so thankful she was there for me. I would definitely suggest that anyone who might need a lawyer for a medical lawsuit to choose Graves McLain law firm.

    Kim C.
    Submitted March 31st, 2022
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    I was referred to Graves McLain through an Uber passenger. I reached out and was connected with Miss Angela, who made me feel so comfortable. She was very upfront with everything and kept a very open line of communication. I got to work with Amy W. & Amy M., who were two fabulous ladies who helped wrap up my case. When I thought I would be screwed with trying to get somewhere with the insurance company, these ladies came to the rescue. Without a doubt, I would contact them again, and I will recommend them to others. Thanks again!

    Alyssia H.
    Submitted March 7th, 2022
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    Graci W.
    Submitted January 10th, 2022
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    Larry N.
    Submitted January 4th, 2022
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    I am extremely pleased with how my case was handled at Graves McLain. I hired Chad after fighting with the insurance company for over a year. Feeling defeated and overwhelmed with medical bills, once my case was handled by my attorney, I felt at ease. Chad and his team were very responsive and kind. They answered all my questions and even helped me figure out lost wages based on a commission rate of pay. He was able to get maximum compensation and now I can get back to my life! I would 100% recommend Graves McLain time and time again.

    Aubrey P.
    Submitted January 3rd, 2022
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    My case just settled and I want to thank Rachel Gussman, Janet, Sonia, Emily, Amy, and Margo. This process was definitely a team effort. When I was involved in a car accident last year, I turned to my friend Rachel for guidance. I was thoroughly impressed with their skills, office staff professionalism and friendliness, communication, and of course, the end results. I highly recommend Graves McLain.

    Kimberly M.
    OKSubmitted December 22nd, 2021
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    Thank You Graves McLain!

    Ken T.
    Submitted December 14th, 2021
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    Submitted December 14th, 2021

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