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.

Read More