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Personal Injury: Products Liability
Dangerous Drugs or Defective Medical Devices
Pharmaceutical manufacturers conduct extensive testing before receiving permission from the FDA to release a new drug. Despite the testing, manufacturers oftentimes put consumers at risk to maximize profits. Too often the dangerous health risks and side effects of drugs are minimized or even hidden.
The key to a case dealing with dangerous drugs is whether there was improper labeling or insufficient warnings. Our lawyers work with scientific and medical experts to determine exactly what caused a client's death or injury and whether or not the labeling or warnings were adequate. Armed with that knowledge, a claim can proceed successfully.
Medical devices may have manufacturing defects, design defects, or may have been negligently maintained or utilized by a health care provider. While the United States Supreme Court has limited the rights of particular victims of defective medical devices, a failure to meet FDA requirements or negligent maintenance or usage still exposes manufacturers or health care providers to liability for injuries caused by the product.
A manufacturer or distributor of a defective machine or an unsafe tool is responsible for any injury or wrongful death resulting from the use of the product. The manufacturers have a responsibility to see that products are designed to be reasonably safe for the intended user, that products are properly manufactured to meet safety standards, and that clear warnings and instructions on how to safely use the product are provided. If you or someone you care about has suffered an injury while using a tool or a machine and you suspect defective equipment, please contact our office to arrange a free consultation. At the same time, obtain contact information of any witnesses, take photographs of the dangerous product, take photographs of injuries, and save the product, its packaging, and any available instructions. We work closely with scientific experts and accident reconstructionists to determine what caused the injuries and whether it is the result of a defective product.
Motor Vehicle Defects
When investigating a motor vehicle accident, an issue to always consider is what role the motor vehicle played in the accident. Aside from human error, was the accident caused by a defective motor vehicle or was the motor vehicle able to reasonably absorb the accident, i.e., was the motor vehicle crash-worthy?
Accidents that may seem to have been caused by human error or bad weather could have been caused by such things as defective tires/tread separations or instability leading to an SUV rollover accident. Once an accident occurs, the vehicle's crash-worthiness needs to be examined, particularly for such things as defective seat belts, defective head restraints, or defective deployment of airbags.
Defective ProductsThere are many defective products that cause damage for which a claim can be brought:
• Cleaning products
• Prescription drugs
• Electric equipment
• Car parts
• Light fixtures
• Playground equipment
• Changing tables
• Wrapping material
• Fire causing agents
Contact the Hilbrich Law Firm to discuss your case with us.
Call us at 1-877-877-LAW2 (5292) or send us an email to [email protected].