Category: Product Liability

How Does a Recall Affect a Product Liability Claim?

How Does a Recall Affect a Product Liability Claim?

If a defective product injures you, you might wonder if the product was subject to a recall. Suppose you search for a recall and discover the product was, in fact, recalled. If so, the recall could be used as evidence in a product liability claim, though it doesn’t automatically prove liability for damages.

How Does a Product Recall Work in the United States?

Manufacturers recall products for many reasons, including reports of adverse events. They might voluntarily recall a product or initiate a recall after prompting by a federal agency. Federal agencies that recall products include the U.S. Department of Agriculture, the U.S. Food and Drug Administration, the National Highway Traffic Safety Administration, and the U.S. Consumer Product Safety Commission

A notice is sent to sellers and distributors to immediately remove the product from the market. Recalls may be published online, provided to the media, and listed on various government websites. In some cases, recall notices might be sent to known customers.

The recall notice identifies the product by make, model, and lot number. The notice might also explain the dangers the product poses and any known adverse events. Finally, the recall provides information about what the consumer should do, such as return the product or throw the product away.

Does a Recall Automatically Make a Manufacturer Liable?

Some state laws might allow recalls to be entered into evidence in a product liability case. Other states have laws that make recall notices inadmissible as evidence. In either case, the recall itself does not create liability for damages caused by a defective product

On the other hand, the recall does not automatically relieve the manufacturer from liability. The manufacturer might use the recall as a defense to product liability claims by proving the injured party received a recall notice and continued using the product. However, if a person is injured because of a defective product, a broadly issued recall does not absolve the manufacturer of liability. 

Instead, the plaintiff must prove the elements of a product liability claim. 

What Are the Legal Elements of a Product Liability Claim?

Product liability is the legal doctrine that holds a party liable for damages caused by a defective product. A product liability claim might be based on negligence, but many product liability cases are based on strict liability. That means the manufacturer and other parties can be liable for damages regardless of whether they intended to create a defective product or knew it was defective.

Generally, you must prove the following legal elements of a product liability lawsuit to win:

  • The product had a defect that made it unreasonably dangerous;
  • You used the product in a manner that a reasonable person would have used the product;
  • The defect was the proximate and direct cause of your injury; and,
  • You sustained damages because of the defect.

Product liability claims typically fall into one of three categories: design defect, manufacturing defect, and failure to warn (marketing defect). 

Investigating and gathering evidence to prove your personal injury case can be challenging. Product liability claims are incredibly complex personal injury cases. It is best to consult an experienced product liability lawyer as soon as possible after a defective product causes an injury.

Damages You Can Receive for Injuries Caused by Defective Products 

Generally, recalls do not have a substantial impact on product liability claims. If you prove the legal elements of a product liability case, you could receive compensation for your:

The value of your product liability claim depends on several factors. The severity of your injury and whether you could be partially to blame for your injury are two factors used to value damages. 

What Should I Do if a Product Has Been Recalled?

If you sustained injuries, seek medical treatment immediately. Be sure to tell the doctor that a product caused your injuries. Medical records are essential for winning a product liability lawsuit. 

Read the entire recall notice carefully to determine the dangers associated with the product. Secure the product safely and contact a product liability lawyer immediately. The attorney can advise you if you need to return, dispose of, or preserve the product.

Can I File a Valsartan Lawsuit?

Can I File a Valsartan Lawsuit?

Many people who have taken the blood pressure medication Valsartan may wonder if they can file a Valsartan lawsuit. If you have taken Valsartan and been diagnosed with cancer, you may have a legal claim for damages. The best way to know whether you should file a Valsartan lawsuit is to seek advice from an experienced personal injury lawyer.

What Are Valsartan Lawsuits?

Valsartan is used to treat high blood pressure and congestive heart failure. Valsartan lawsuits are claims filed by consumers who took the blood pressure medication and subsequently developed cancer. The lawsuits seek damages, including, but not limited to, compensation for:

The lawsuits allege that from 2012 to 2018, many batches of Valsartan were contaminated with NDMA. NDMA or N-nitrosodimethylamine is classified as a probable human carcinogen. The U.S. Food and Drug Administration (FDA) announced a recall of Valsartan tablets on July 13, 2018, because they could contain NDMA. 

It was believed the dangerous impurity was introduced to the finished products during the manufacturing process. The FDA continues to investigate Valsartan and other drugs that may be contaminated with NDMA. 

Because of the large number of Valsartan lawsuits filed against various drug manufacturers, the courts consolidated these cases into a multi-district litigation or mass torts action based in New Jersey. It is not a class-action lawsuit. Instead, each person files an individual lawsuit against the drug manufacturer and other parties responsible for their injuries and damages. 

What Types of Cancer or Diseases Are Associated with Contaminated Valsartan?

Numerous studies and sources link NDMA to cancer in humans, including the World Health Organization and the U.S. National Library of Medicine. A Danish study from 2018 revealed that exposure to NDMA can cause cancer of the colon, liver, pancreas, stomach, and rectum. 

Valsartan contaminated with NDMA is related to several diseases. NDMA has been shown to cause the following conditions in animals:

  • Liver cancer
  • Colorectal cancer
  • Multiple Myeloma
  • Prostate cancer
  • Gastric cancer
  • Pancreatic cancer
  • Leukemia
  • Esophageal cancer
  • Non-Hodgkin’s Lymphoma

People who receive too much NDMA may also exhibit several symptoms. Signs of overexposure to NDMA could include headaches, fever, dizziness, vomiting, jaundice, and impairment of the lungs, kidneys, or liver. Valsartan containing NDMA can cause severe side effects, cancer, and other conditions. Seeing a doctor as soon as you notice any symptoms or signs of a disease is essential to protect your health.

What Are the Legal Grounds for a Valsartan Lawsuit?

The legal grounds for a Valsartan lawsuit depend on the specific circumstances of your case. However, most lawsuits are based on allegations of a manufacturing defect or improper labeling of medication. 

Manufacturing defects occur when a product becomes unsafe because of negligence and mistakes during the manufacturing process. The product as designed is safe to use. However, the product becomes dangerous to use because of errors during the manufacturing process. 

Valsartan is safe to use when it is compounded (manufactured) correctly. However, numerous batches of Valsartan were contaminated with NDMA during the manufacturing process. As a result, the tablets in those batches contain cancer-causing agents. 

Furthermore, the labels on the contaminated batches of Valsartan do not contain warnings that the medication could contain carcinogens. Had the labels included a warning that there was a risk the medication could contain NDMA or other carcinogens, patients would have likely chosen not to take the medication. 

Both legal causes of action are straightforward claims to prove in court. Under product liability laws, manufacturers are strictly liable for failing to include adequate warnings and manufacturing defects. 

Strict liability means you do not need to prove that the manufacturer intended to cause anyone harm. Instead, you only need to prove that the manufacturer’s conduct resulted in harm and damages. 

How Do I Choose a Valsartan Lawyer to Handle My Case?

Search for an attorney who has experience handling Valsartan cases. Attorneys who represent clients in mass tort cases against large pharmaceutical companies have the resources and skills necessary to handle a Valsartan lawsuit.

Also, should avoid personal injury lawyers who ask for payment upfront. Most reputable personal injury lawyers accept mass tort cases on a contingency fee basis. A contingency fee is based on a percentage of the money the attorney recovers for your case. You do not owe any attorneys’ fees unless the attorney recovers money for your claim.

Attorneys with experience going up against big pharma understand what is necessary to pursue Valsartan claims. They also know what it takes to win these types of personal injury cases.

Monsanto Continues to Sell Roundup in California, Despite Evidence Suggesting Cancer Link

For decades, controversy has surrounded Roundup weed killer, one of the most widely-used pesticides in the world. Monsanto, the pesticide manufacturer, maintains that its product is perfectly safe. However, several scientific studies seem to suggest that Roundup isn’t safe. In fact, one recent study revealed that exposure to Roundup increases the risk of developing cancer by as much as 41 percent.

There may also be hard evidence to support these scientific studies. Many individuals claim to have developed cancer after being exposed to Roundup and its active ingredient, glyphosate. Despite this information, Monsanto continues to market and sell Roundup in California and other states across the country.

Companies Have an Obligation to Warn Consumers About Risks

When a company sells or markets a product in California, it has to make sure that the product is safe. In fact, under California state product liability laws, companies can be held strictly liable harm caused by defects in their products. In other words, a company doesn’t necessarily have to know that a product is dangerous or defective to be liable for a consumer’s injuries.

There are three main types of product defects: design, manufacturing, and marketing.

  • Design Defect. A design defect exists when a product is dangerous because of the way it was designed. Is the product unnecessarily or unreasonably dangerous? Is there a reasonable and safer alternative for the product’s design? If so, a company may be liable for harm caused by a design defect.
  • Manufacturing Defect. A manufacturing defect exists when a product is not manufactured according to its blueprints and design. In other words, there is an issue in the manufacturing process that prevents the product from being created as intended.
  • Marketing Defect. A marketing defect exists when a product lacks necessary warnings of known or potential hazards, dangers, or risks.

Companies can also be liable if they knew or should have known that their product was unreasonably dangerous or carried any health risks. Consumers deserve to be fully informed before using a product. If a consumer isn’t made aware of risks associated with the use of a product, they can’t make an informed decision. As a result, their health and safety can be put in serious jeopardy.

Consumers injured by defective or dangerous products can file product liability lawsuits to recover compensation for harm they suffer.

Monsanto Facing More Than 11,000 Roundup Injury Lawsuits

After developing cancer and other health issues, many individuals decided to file product liability lawsuits against Monsanto. As of March 2019, the company has been named in more than 11,000 Roundup injury lawsuits.

The vast majority of these cases were initiated after Monsanto lost the first Roundup injury case to go to trial. There, a jury ordered the company to pay a California man $289 million in compensatory and punitive damages.

The jury believed that the man developed non-Hodgkins lymphoma after being exposed to the company’s controversial pesticide. It also believed that Monsanto concealed information about the health risks associated with glyphosate and failed to warn the man about those risks.

Another Roundup injury trial is currently underway. There, another California man sued the company after he also developed non-Hodgkins lymphoma after being exposed to Roundup weed killer. A similar result in this trial could force Monsanto’s hand and encourage them to settle other pending lawsuits.

Anyone injured because of Roundup exposure has the right to pursue compensation. It’s important to find an experienced personal injury lawyer to understand your legal options. Contact our legal team today to learn more.