Defective Consumer Products
If a defective consumer product caused your injury or medical condition, contact the product defect and mass tort attorneys of Wallace Miller today. We can review the circumstances of the incident and determine whether you are entitled to financial compensation from the manufacturer. We might be able to represent you in an insurance claim or mass tort lawsuit.
You probably trust that the consumer products you use every day are safe. Most people don’t expect to sustain injuries while using a household appliance or personal hygiene product. Unfortunately, defects in various consumer products can lead to injuries, illnesses, and even death. The manufacturer could be liable if their negligence placed a dangerous product on the market.
At Wallace Miller, we understand the overwhelming nature of seeking medical treatment while pursuing legal action. Taking on both responsibilities might seem impossible. You can’t handle this by yourself. You can count on us to take over and complete every step of the legal process on your behalf. You should take the time to focus on your health and attend your doctor’s appointments so you can heal.
We will investigate and obtain the available evidence to prove who was at fault for your injury. Our legal team has experience fighting against large manufacturers and holding them accountable for their misconduct. You should not suffer the consequences of someone else’s wrongdoing. Let us be the advocate you need and seek the justice you deserve.
Call Wallace Miller at (312) 257-3887 today for your free consultation with one of our defective consumer products attorneys.
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Common defective consumer products
At Wallace Miller, we represent nationwide clients in various cases involving defective consumer products, including:
Roundup
Roundup weed killer is an herbicide that contains glyphosate. The International Agency for Research on Cancer classifies glyphosate as a probable human carcinogen. This means exposure to the toxic chemical could cause cancer in humans.
Paragard IUD
Teva Pharmaceuticals markets its intrauterine device, Paragard, as easy to remove. However, the device can fracture and cause a perforated cervix or uterus, pelvic inflammatory disease (PID), and infertility.
Paraquat
Only trained and certified applicators can use Paraquat. It is highly toxic and could lead to Parkinson’s disease after prolonged exposure.
Talcum powder
Roundup weed killer is an herbicide that contains glyphosate. The International Agency for Research on Cancer classifies glyphosate as a probable human carcinogen. This means exposure to the toxic chemical could cause cancer in humans.
Baby formula
Necrotizing enterocolitis (NEC) is a serious intestinal disease that can develop in premature babies who consume baby formula instead of breast milk. A range of complications can result from the disease, including abdominal infections, delays in development and growth, and short bowel syndrome.
Transvaginal mesh
Transvaginal mesh provides support to weakened or damaged tissue. It can treat the symptoms of pelvic organ prolapse and stress urinary incontinence. The defective device could cause complications, such as a perforated bowel and bleeding, that require additional surgeries.
JUUL
Researchers discovered harmful chemicals in JUUL, such as propylene glycol, formaldehyde, and cadmium. Inhaling these substances causes lung scarring and inflammation. Consistent exposure can eventually cause respiratory diseases and other medical complications.
3M earplugs
The dual-ended combat arms earplugs manufactured by 3M company are supposed to block sound and protect a soldier’s ears during use. However, tinnitus and other hearing-related problems can result after use because of a defect in the design.
CPAP machine
A CPAP machine is a device people can wear while they sleep to treat symptoms of sleep apnea. The manufacturer Philips Respironics recalled its machines due to a defect that caused the foam liners to break down. People can inhale harmful particles from the liners and suffer lung injuries, mesothelioma, or pulmonary fibrosis.
Firefighting foam
Perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) are two chemicals found in aqueous film-forming foam (AFFF). They don’t break down in the environment and can contaminate drinking water, food, and the air. Exposure to these chemicals can cause adverse health problems, including kidney cancer, thyroid disease, and liver damage.
Hernia mesh
Hernia mesh is an implant used to treat hernias. A defect prevents the implant from supporting damaged tissue and repairing the hernia. Mesh failure, device migration, and additional problems can lead to injuries.
Elmiron
Studies show prolonged Elmiron use can lead to vision-related conditions, such as pigmentary maculopathy. It can also increase the risk of hair loss, sleeping disorders, and gastroesophageal reflux.
Taxotere
Taxotere is a common chemotherapy drug that attacks and shrinks cancer cells. Studies found that secretions can interact with a patient’s tears and cause inflammation of the canaliculi. Over time, chronic infections can lead to Canalicular Stenosis, a permanent eye condition.
IVC filter
An IVC filter is a metal implant that traps blood clots so they don’t travel to a person’s lungs or heart. The U.S. Food and Drug Administration (FDA) received multiple reports of complications from the defective device, including tissue damage and organ perforation.
Proton pump inhibitors
Proton pump inhibitors, such as Prilosec and Nexium, reduce the amount of acid produced by glands in the stomach lining. They treat acid reflux, gastroesophageal reflux disease (GERD), stomach ulcers, and other conditions. Taking them could lead to esophageal cancer, kidney disease, or heart disease.
Penumbra catheters
Penumbra issued an urgent recall of its JET 7 Reperfusion Catheter with Xtra Flex Technology due to the risk of serious injury or death. Adverse events, such as distal tip fracture and device rupture, could lead to blood vessel damage, air embolisms, and blood clots.
Textured breast implants
The FDA identified a possible link between textured breast implants and breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). This type of lymphoma forms in the scar tissue capsule around an implant. The manufacturer of BIOCELL® textured breast implants and tissue expanders issued a voluntary recall on July 24, 2019, due to this risk.
Belviq
Belviq contains an active ingredient, lorcaserin hydrochloride, that affects brain signals that indicate hunger and cause a feeling of fullness. It can effectively treat obesity and other weight-related problems. However, research shows a potential link to different types of cancer, such as colorectal, lung, and pancreatic.
Zimmer hip implant
A range of defects can cause metal-on-metal hip implants to fail. The device can deteriorate and release metallic ions into the bloodstream. Joint swelling, tissue death, trouble walking, and hip pain are some of the adverse effects someone can experience from exposure to metallic ions.
Zantac
Studies show Zantac (ranitidine) can contain dangerous levels of N-Nitrosodimethylamine (NDMA), a probable human carcinogen. Frequent and prolonged exposure to NDMA can lead to liver failure, hepatitis, and various types of cancer.
Photo © Pixabay
Common types of defects in consumer products
Product liability is an area of law that holds manufacturers and sellers liable for supplying the public with defective products. Three main types of defects can injure consumers:
Design defect
A design defect occurs when there’s a flaw or defect in the design of a product. You must prove three main elements of a design defect to hold the manufacturer liable:
- The danger in the design existed before production started;
- The company should have known the defect could injure consumers; and
- The manufacturer could have used an alternative design to prevent the defect.
Manufacturing defect
A manufacturing defect results from a flaw, error, or problem during the manufacturing phase of a product. It makes the product inherently unsafe for use. Despite a safe design, the defect during manufacturing can cause injuries to the users.
Common errors while manufacturing a product include:
- Attaching Parts Incorrectly
- Using Toxic Substances
- Forgetting to Cut Sharp Edges Off After Using a Mold
- Knowingly Using Faulty Materials
Failure to warn
“Failure to warn” is a marketing defect that occurs when the manufacturer doesn’t include adequate warning labels. The labels must inform consumers of the potential risks of using the product. Failing to disclose the dangers can cause injuries or death even when people use the product as intended.
Common injuries from consumer product defects
Defective consumer products can cause various injuries ranging from minor to severe. Some people heal with adequate medical treatment, while others suffer permanent injuries that require ongoing medical care and assistance.
Injuries commonly resulting from defective consumer products include:
- Paralysis
- Choking
- Traumatic brain injury
- Cancer
- Lung damage
- Burn injuries
- Permanent scarring or disfigurement
- Infections
- Broken bones
- Psychological trauma
- Asphyxiation
- Electrical shock
- Toxic chemical exposure
- Respiratory disease
- Loss of limb
- Neck and back injuries
Holding manufacturers liable for consumer product injuries
It can be challenging to prove fault and hold manufacturers liable for someone’s injury. The manufacturer isn’t the only party that could be responsible for a defective product. The actions of other individuals and companies could also contribute to these defects. Other liable parties could include:
- Suppliers
- Wholesalers
- Manufacturers of parts
- Design teams
- Distributors or retailers
- Shipping companies
Wallace Miller can help you prepare your case. Determining who you should hold liable for your injury can be confusing. We have the resources to discover which party is at fault for the defective consumer product and pursue legal action against them.
Compensation for defective consumer products
You could pursue an individual lawsuit against the manufacturer for compensation. However, when a consumer product injures a large group of people, they can join together in a mass tort case.
Mass tort litigation involves numerous plaintiffs combining their cases into a single lawsuit. They bring one legal action against the same defendant for the injuries they sustained from the same defective product.
The compensation each plaintiff receives isn’t necessarily the same. You don’t split the monetary award equally. Instead, you receive an amount of money specific to the unique circumstances of your case.
For example, if you developed a terminal illness but someone else suffered minor broken bones, you would likely receive higher compensation than they would.
The compensation you recover in a lawsuit against the manufacturer could compensate you for your accident or injury-related losses, such as:
- Loss of enjoyment of life
- Medical bills
- Out-of-pocket expenses
- Mental anguish
- Pain and suffering
- Lost wages
- Lost earning capacity
- Damage to personal property
Photo © Pixabay
You might also be able to pursue punitive or exemplary damages. This type of financial award punishes the defendant for their actions instead of compensating you for your losses. Depending on state laws, you must provide clear and convincing evidence of particular misconduct, such as disregard for the safety of others or gross negligence.
Statute of limitations for defective consumer products
Most states impose a statute of limitations period of between one and five years for personal injury cases. You must follow this timeframe if you want to file a lawsuit against the manufacturer. The timeframe begins on the date of your injury and ends a specified number of years later. You could lose your right to pursue compensation through the legal system if the statutory period expires before you initiate your lawsuit in court.
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At Wallace Miller, our defective consumer products attorneys are proud of the reputation we have built over the years. We believe in representing injured clients against negligent manufacturers and other companies. When you hire us, we will provide the quality legal representation and support you deserve.
Wallace Miller knows the economic burden many people face after an injury. You might be unable to afford your medical bills and the costs associated with hiring an attorney. We take cases on contingency, so you don’t have to pay upfront fees or costs. We won’t collect any of our legal fees unless we secure compensation for you.
If you suffered injuries from a defective consumer product, call us at (312) 257-3887 for your free initial consultation. We can discuss the aspects of your case and advise you about whether you qualify for a mass tort lawsuit against the manufacturer.
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