Pharmaceutical science is a massive industry, contributing to improved health and extended life for many and generating billions of dollars for big drug companies. Many drugs that make it to market have unforeseen and often deadly consequences that manifest years after FDA approval. There are few things more catastrophic to an individual than becoming ill or injured by a product that was supposed to improve their lives. Even drugs that have been approved for over the counter sale have proven to be injurious or have deleterious effects on people who follow usage guidelines properly. The profit margins on successful pharmaceuticals that treat common ailments are staggering, so drug companies are developing different compounds and techniques at a more rapid pace than ever before, often with unwanted results. Many products that have been on the market for years are now found to be carcinogenic with long term use, many have other health threatening cumulative effects. Consumers who find themselves injured or sick as a result of legitimate use of drugs are entitled to compensation from the drug manufacturer, or possibly their doctor if the drug was prescribed incorrectly. WJD Law is ready to help you, the injured party, seek compensation for your loss caused by these bad drugs
Medical Devices
Health care has made huge strides in prolonging and improving lives with the development of new and improved medical devices. The number of the populace dependent on devices to sustain them or help them function properly grows daily. Whether it be life saving devices such as stints, pacemakers, defibrillators, insulin pumps, etc. or replacements for worn out joints, or something as simple as a mesh screen to repair a hernia, more and more people find themselves relying on devices to improve their lives. The development of reliable, safe devices are intensely complex feats of engineering and mistakes are bound to occur. When medical devices malfunction or cause unexpected harm, the user is often entitled to be compensated for their loss or injury, just as if harm was caused by any other product. There are a wide variety of circumstances for which compensation is attainable. Joint replacement devices which wear out or break short of their expected life spans, pumps that malfunction, batteries whose lifespan is miscalculated or improperly monitored, products that have been improperly engineered or tested, all of these and more could be defects for which compensation is attainable. WJD Law has experts at the ready and is always up to speed on the latest problems emerging with medical technology.
Defective Products
Defective products are defined as products which have been incorrectly manufactured. If the flaw has caused harm or injury then the harmed or injured party may have a valid claim against the manufacturer of the product. Some extreme examples of this may be things like an automotive tire which blow without reason, lawn mowers which could break and throw projectiles, improperly wired appliances that could cause a fire, etc. The severity of harm caused is of course a major consideration in whether or not it is worthwhile pursuing action, however the case is often that a great many flawed products make it to the end of the consumer chain which may result in class action suits even if the flaw is not seriously dangerous to the end consumer.
Unsafe Products
Products that are not defective, and are produced correctly, but could be hazardous under circumstances likely to occur with normal use are considered to be unsafe if a reasonable effort is not made to inform the consumer. These cases are commonly referred to as 'Failure to Warn'. If, for example, a rechargeable battery operated appliance could catch fire or explode if left on the charger for too long, but this information was omitted from the operating instructions, then that product would be considered unsafe. There are obviously many products on the market which could cause injury if improperly used. The product must present a hazard or problem that is likely to occur within the parameters of normal usage. If you used your toaster to reheat pizza and it caught fire, the manufacturer has no responsibility to inform you that that might happen, however a cleaning solution that could produce noxious gases if combined with other types of cleaning products could be reasonably expected to carry that warning.
Design Defect
Sometimes a product comes to market which has been improperly engineered or some element of safety has been completely overlooked from it's inception. Products which are not incorrectly manufactured, but inherently flawed and hazardous to use are considered to come under the legal definition of design defects. A popular example is the small SUV of a notable make which rolled over when cornering at not unreasonable speed. It is expected that the design and engineering of a product coming to market take into account all normal circumstances in which a product is to be used, and design the product to be reasonably safe for the consumer to use notwithstanding unusual happenstance. If a product makes it to the consumer and is unsafe to use, then the design defect becomes actionable and a valid claim for damages or injuries caused may be brought against the manufacturer or the designer.
An appliance caught fire and caused propery damage, do I have a case?
It depends on the circumstances. If a design flaw caused the malfunction or if the device functions improperly under normal usage, then compensation for the incident may be recoverable.
My doctor prescribed medication has been in the news as causing serious heath problems, what should I do?
The first thing to do is to immediately contact your doctor to see if you should stop using it or get a different medication to replace it. The next is to get yourself checked out, if your health has been adversely affected, contact a lawyer immediately to ascertain the correct steps to document your injuries.