Product Liability

Defective and dangerous products.

Product liability is the type of consumer law that holds manufacturers and those that make products available to the public responsible for injuries and deaths that grossly negligent dangerous and defective products cause.

It is not uncommon that the public sees a manufacturer who appears to act as if settling some lawsuits is acceptable because it will cost less money instead of recalling and fixing the defective and dangerous product.

An experienced and effective personal injury trial lawyer can help.

Product liability cases are complex and can be very difficult. Product liability cases are related to personal injury law and trial law.

Dangerous and defective products effect all ages from "Toys That Kill," asbestos, to automotive recalls for tires, child booster car seats, prescription medication, medical devices and implants, infant cribs to the recent Johnson & Johnson DePuy hip replacement implant recalls. The DePuy hip implant recall is yet another instance where the company knew for several years of the problems with the implants, but only recently recalled the DePuy implant.

More than two years after the Food and Drug Administration began receiving complaints about the failure of a hip replacement implant made by the DePuy Orthopaedics unit of Johnson & Johnson, the company said Thursday that it was recalling two kinds of hip implants. DePuy said that it had made the decision to withdraw the products because many patients required a second hip replacement after the company’s implants had failed. [...] In one New York Times article, some orthopedic experts expressed dismay that DePuy had not halted sales of the devices earlier. About 12 to 13 percent of patients needed a second hip replacement within five years of receiving an ASR implant [...]
8/26/2010 New York Times: Johnson & Johnson Recalls Hip Implants By NATASHA SINGER

Some may have to have another hip replacement surgery much sooner then the standard for a hip replacement should be. Others may suffer reduced mobility even after this additional hip replacement surgery because of damage the DePuy hip implant caused to the soft tissue in the hip socket. Pain and suffering in addition to physical injury. Patients may not only need a second hip surgery and still suffer reduced mobility, skin necrosis and even high levels of cobalt and chromium ions in the blood.DePuy and Johnson & Johnson want you to think this is acceptable. In fact, there are two separate DePuy hip implant devices that are being recalled, one of which was never approved by the FDA and DePuy even received an official warning letter from the FDA in August 2010.

Unlike new drugs, many of which go through a series of clinical trials before receiving approval from the Food and Drug Administration, critical implants can be sold without such testing if a device, like an artificial hip, resembles an implant already approved and used on patients [...] But many patients soon developed inexplicable pain, and surgeons, when replacing the implant, discovered mysterious masses of dead tissue near the thighs of some patients [...] And tests of those patients showed that they had elevated levels of cobalt and chromium ions, the A.S.R.’s constituent metals, in their blood, a sign of edge-loading.

December 16, 2010 New York Times "The Implants Loophole" By BARRY MEIER