Defective Products – Nashville Personal Injury Attorneys | Hendersonville TN https://www.bednarzlaw.com Wed, 01 Aug 2018 20:02:45 +0000 en-US hourly 1 https://wordpress.org/?v=5.4.13 How do you determine fault in a defective product? https://www.bednarzlaw.com/how-do-you-determine-fault-in-a-defective-product-case/ https://www.bednarzlaw.com/how-do-you-determine-fault-in-a-defective-product-case/#respond Wed, 01 Aug 2018 20:02:18 +0000 https://www.bednarzlaw.com/?p=616 How do You Determine Fault in a Defective Product Case?

Experienced Nashville product liability attorneys, Bednarz Law protects you when you are injured due to a defective product.

When you buy a new product, such as new furniture for your home, a new car, or toys for your children, you take it for granted the product will work as it is supposed to. Unfortunately, if it is defective, it can end up being dangerous, causing serious and even life threatening injuries. As experienced Nashville product liability attorneys, we can help you hold negligent product designers, manufacturers, and distributors accountable in these situations. The following highlights how common these types of cases are, and how we can help you prove fault in your claim.

The Danger of Defective Products

Products that enter the United States for sale and distribution are required to undergo rigorous testing and certification to ensure their safety. The Consumer Product Safety Commission (CPSC) oversees this process, and is charged with protecting American consumers against defective and dangerous products that could result in injuries or even death.

Unfortunately, despite the CPSC’s established product standards and rigorous oversight, product defects continue to negatively impact the health and safety of consumers, causing serious injuries for thousands each year. When they do, product manufacturers and others involved in the design or distribution process can be held accountable. According to the Insurance Information Institute (III), an average of more than $5 million dollars is paid out to individual consumers as the result of these claims each year.

Placing Blame for Defective Products

In determining who is to blame for defective products, there are several key questions to consider:

  • Is the defect related to the basic design of the product, or is it due to a lack of detailed instructions and safety warnings, which should be supplied to the consumer by the vendor or distributor?
  • Is the product labeling appropriate, such as in case where toys are marked as safe for a specific age range?
  • Who supplied the product’s parts? While one manufacturer may be listed on the product packaging, they may have gotten parts from a variety of suppliers.

An example of this is the Takata airbag recall. The National Highway Traffic Safety Administration (NHTSA) recalled tens of millions of vehicles in which the airbags were installed, due to safety defects that caused the airbags to explode or inflate improperly. While the Takata Corporation is legally liable for damages suffered by consumers who were injured by the product, individual automobile manufacturers can also be held responsible for failing to alert consumers to the dangers and for not taking actions to remedy the situation.

Injured by a Defective Product? Contact Bednarz Law Today

If you or someone you love was injured due to a defective or dangerous product, contact Bednarz Law and request a one-on-one consultation with our Nashville product liability attorney. We can advise you on how to hold those responsible for your injuries accountable so that you can get compensation for your injuries.

]]>
https://www.bednarzlaw.com/how-do-you-determine-fault-in-a-defective-product-case/feed/ 0
EpiPen Recall https://www.bednarzlaw.com/epipen-recall/ https://www.bednarzlaw.com/epipen-recall/#respond Tue, 14 Nov 2017 14:21:52 +0000 https://www.bednarzlaw.com/?p=498 FDA Warns of Malfunctioning EpiPens and What’s Behind EpiPen Recalls

 Concerns surrounding defective EpiPens come to light in warning letter sent by FDA.

Just last month, the Food and Drug Administration (FDA) issued a warning letter to Meridian Medical Technologies, a unit of Pfizer, outlining several key concerns regarding defective EpiPens and how the company seemingly continues to mishandle consumer complaints. This is extremely alarming considering EpiPens are used in the event an individual is having a severe allergic reaction. A malfunctioning EpiPen can easily mean that the individual in need would suffer serious or even fatal injury at the hands of the defective product.

The FDA was particularly concerned with the company’s failure to properly investigate reports of malfunctioning EpiPens. Consumers of EpiPens had apparently sent the company defective EpiPens. Some such defective EpiPens were involved in patient deaths or led to a patient becoming extremely ill after it failed to function properly. Many of the consumer complains concerned a mechanism in the EpiPen that is supposed to insure that it fires and delivers a proper dose of epinephrine to stop an allergic reaction. The FDA reports that Meridian Medical not only failed to properly investigate these reports, but also failed to recall bad batches of EpiPens and follow-up on problems found.

The warning letter sent by the FDA specifically notes that during an inspection that took place earlier this years, Meridian employees stated that they did not examine the “vast majority” of defective devices sent back to them by consumers. Meridian received 171 of these defective devices between 2014 and 2017. While Meridian has issued recalls of some potentially defective batches of EpiPens, about 80,000 were recalled in the Australian market this year, the FDA warnings seem to let Meridian know that not enough has been done for the company to ensure they are putting a safe product on the market.

Companies have a duty to the public to make every reasonable effort to ensure they are putting out safe products. People are literally putting their lives in the hands of companies like Meridian. IMS Health data reports that 3.6 million people are annually prescribed EpiPen products. Schools carry them in cases of emergencies. Consumers depend on a reliable product in the direst of circumstances. When companies fail to take proper precautions in developing and manufacturing their products and people are injured as a result of the defective product, the law gives those injured individuals the right to seek compensation for their losses.

If you or a loved one has suffered due to a defective EpiPen, the dedicated Nashville personal injury attorneys at Bednarz Law are here to fight for you. The effects of a defective EpiPen can be devastating. Serious illness or even death may be the result. While nothing can really replace what has been lost, our attorneys are committed to getting you the monetary compensation that will help you pay expenses and get your life back on track. Contact us today by calling 615-590-7276 or go online.

]]>
https://www.bednarzlaw.com/epipen-recall/feed/ 0