Product Liability and Defective Pharmaceuticals

Jun 07

Product manufacturers, distributors, and other parties associated with trade to bring a product into the market should be responsible enough to ensure that the product is safe. If their product has caused an injury, they may be held accountable. This is a legal concept called product liability.

Product Liability

Product liability has three basic forms – namely design defect, manufacturing defect, and lack of labels and warnings.

Design defects are features associated with the design of the product that can cause harm to consumers. For example, a consumer’s finger has been cut because the cover for his metal fan has gaps that are too wide.

Manufacturing defects are defects that have been sustained in the manufacturing process. For example, a consumer has been involved in a bicycle accident because the bicycle he just purchased has a cracked frame.

Lack of labels and warnings are for products who lack instructions for safe use. For example, a consumer has had an allergic reaction to a medication because the medication has not indicated its dangerous interaction with other drugs.

Defective Pharmaceuticals

Defective pharmaceutical products can be very tricky cases of product liability. They cannot be clearly categorized using the forms enumerated above. Many pharmaceutical product defects only surface upon insertion to a patient or after rigorous case studies.

The website of Williams Kherkher has made an excellent example – morcellators. Morcellators are medical devices used to cut up tissue, usually in gynecologic procedures. But there are studies that have proven that the use of these medical devices can cause cancer, so its creators have recalled at least three kinds of their morcellators.

Another example is the Bard G2 IVC filter, a spider-like device inserted into the body of patients who are at risk of blood clots. It has been proven that these filters often migrate or erode, resulting into pain, more serious complications, and most of all, G2 IVC Filter lawsuits.

Morcellators and inferior vena cava filters are just some examples on how product liability can be a very serious and complex legal concept.

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Wrongful Death

Mar 18

Many accidents occur due to a person’s own carelessness; however, many more happen due to the negligent or reckless act of someone else.

Acting or behaving in ways that will not endanger anyone is the fundamental duty of every person. Those who rather choose to disregard the safety of others and cause them injury can very well be recipients of a civil lawsuit, which will enable innocent victims (or victims’ families) to seek and receive compensation from them.

An injury, which is a result of negligence, is called personal injury; it may be physical, emotional or mental. Personal injuries can happen through many different ways, including, but not limited to: car accidents; motorcycle accidents; truck accidents; construction accidents; medical malpractice; defective products; slip and fall accidents; and, nursing home abuse or negligence. While many accidents result to severe (personal) injuries, there are cases wherein their effect is much more damaging, leading to a victim’s wrongful or untimely death.

In the event of a wrongful death, the family or dependents of the deceased may file a lawsuit for the purpose of seeking justice. This legal action, which is called a wrongful death claim, is for the benefit of the “real parties in interest,” meaning, the surviving family members and the decedent’s other dependents. A wrongful death claim is a special kind of personal injury lawsuit that is intended to seek compensation for whatever pecuniary or financial damages the dependents may suffer, like loss of the decedent’s financial support, services and companionship, lost prospect of inheritance, and medical and funeral expenses.

Filing a wrongful death claim can be done by a representative, who would act on behalf of the “real parties in interest.” While these “real parties in interest” would obviously mean the decedent’s immediate family, which includes his/her spouse, child/children and/or adopted children, there are other individuals who, based on their relationship with the deceased victim, are also considered by some states as having the right to be included under the “real parties in interest” group. They are the decedent’s: parents; distant family members, like brothers and sisters, and grandparents; financial dependents; and, life partner or putative spouse.

According to the Abel Law Firm, filing a wrongful death claim is sometimes the only way for a decedent’s family or survivors to cope with the financial problems that may result from the loss of their financial provider. The processes involved in a wrongful death lawsuit, however, are not simple, despite the obvious cause of death of the deceased victim.

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No-Zone Truck Accidents in Texas

May 18

Large trucks or 18-wheelers tend to overpower every other vehicle that’s sharing the road. Because of their notable size, these trucks are known to be notoriously hard to control. Compared to regular passenger cars, an 18-wheeler is about 30 times heavier and comes with a special set of challenges. It’s obvious that truck drivers need to be specially trained to operate such powerful vehicles.

One of the things that drivers are trained to watch out for are the no-zone of their trucks. These are spots surrounding the vehicle that’s obscured by the length and girth of a truck. Any vehicle will have similar blind spots. The only difference between a regular car and an 18-wheeler is that issues with blind spots in cars are usually mitigated with the use of side mirrors. For 18-wheelers, these mirrors aren’t enough. According to the website of Zavodnick, Zavodnick & Lasky, LLC, truck drivers will also need to keep an eye out on the following areas to avoid any unforeseen incidents:

  • The small area in front of the truck
  • The sizable area behind the truck
  • The small area on the driver’s side
  • The large area on the passenger’s side

According to the website of the Truslow Law Firm, truck operators need to ensure that these areas are clear before making turns or changing lanes. They should also employ proper signals to ensure that anyone near these zones can clear out of the way. Similarly, drivers operating smaller vehicles should be careful around these no-zone areas when near an 18-wheeler truck. It’s important that cars keep a safe distance between themselves and any large truck in the area.

These safety precautions are important because no-zone truck accidents can lead to serious injuries and even fatalities. In Texas, the National Highway Traffic Safety Administration reported that there were 4,607 large truck fatalities in the year 2012. Victims in such accidents can suffer from traumatic brain injuries and spinal cord injuries, and would need plenty of assistance as they deal with recovery and rehabilitation. As such, it’s important that these victims get legal avenues to pursue compensation for the suffering and damages they’ve incurred.

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First Aid Measures for Electric Shock

May 11

Electric shock accidents can be extremely dangerous and cause significant effects to the human body. These accidents occur when a person comes into contact with an active electrical source. Because the body is made of a material that conducts electrical energy, such accidents can cause serious injury.

According to the Occupational Safety and Health Administration, the effects electric shock will vary depending on different factors. Primarily, the amount of shock and the severity of the damage received by a person will differ based on the amount and path of the current, as well as the length of time the body is in the electrical circuit. Minor shocks can leave very little physical evidence, except for some numbness or tingling feeling in the affected area. However, stronger currents and longer exposures will typically lead to severe burns, seizures, loss of consciousness, and even cardiac arrest.

When electric shock occurs, it’s important for an injured patient to receive immediate medical attention. Make sure you keep a safe distance from the injured individual if he or she is still in contact with the electrical source. Call 911 or any emergency response service, especially if the victim is unresponsive. While waiting for help to arrive, try to find a way to have the electrical source shut down. If this isn’t possible, move the source away from the victim using any object that doesn’t conduct electricity. Non-conducting materials include plastic, rubber, or wood. It is also possible to try CPR on an unresponsive patient. If the patient is suffering from severe burns, make use of a clean bandage or piece of cloth to cover the injured area.

Electric shock accidents are common in construction sites and other similar high risk workplaces. They can also happen in premises where there are exposed wires and faulty circuits. In the latter scenarios, property owners have to make sure that their premises follow proper safety regulations when it comes to their electrical wiring system. Neglecting to properly maintain their facilities can cause serious accidents that could lead to personal injury.

As pointed out by the website of Houston personal injury lawyers at The Mokaram Law Firm, cases of personal injury leave victims with difficult issues and burdens. Because of this, anyone injured by an electric shock accident may be able to pursue compensation from those responsible for the accident. It will be best to contact an experienced lawyer to learn more about available legal options.

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What is a Traumatic Brain Injury?

May 05

A traumatic brain injury happens when an external force to the head causes significant damage to the brain. It can be due to any type of scenario that forces a violent blow to the head. According to the Centers for Disease Control and Prevention, traumatic brain injuries are specifically caused by the head hitting a solid surface or a foreign object penetrating the skull. Depending on the severity of such damage, these injuries can either be temporary or permanent. Temporary injuries can cause one area of the brain to dysfunction, but will gradually regain use after recovery. Permanent brain damage can result in long-term complications or even death.

Typically, traumatic brain injuries result from car accidents, slip and fall accidents, explosions, or acts of violence. In other words, these scenarios often stem from accidents that are caused by negligence or recklessness by another party. As the LaMarca Law Group, P.C. says on its website, traumatic brain injuries are usually a result of incidents involving malpractice, premises liability, and other areas of personal injury law.

After an accident, a patient suffering from a traumatic brain injury might not immediately notice any concerning signs. Because of the lack of any noticeable symptoms, these patients might not be able to seek out medical attention right away. As such, it’s important to watch out for the following signs:

  • Confusion or disorientation
  • Loss of consciousness
  • Dilated pupils
  • Fatigue or drowsiness
  • Headaches
  • Dizziness, nausea, or vomiting
  • Loss of balance and coordination
  • Problems seeing, hearing, smelling, or tasting
  • Clear fluid in eyes or nose
  • Weakness of fingers or toes
  • Convulsions or seizures

Anyone experiencing these symptoms should seek out medical attention as soon as possible. According to the website of Williams Kherkher, traumatic brain injuries can cause serious damage, affect a person’s ability to function properly, and end in permanent disability or a long-term coma. It’s also crucial that affected individuals seek out legal counsel to learn more about options rewarded to them by the law.

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