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A products liability lawsuit involves an injury caused by a dangerous or defective product. This can involve dangerous drugs like Xarelto, or defective artificial hips like the Pinnacle ASR metal-on-metal hip manufactured by DePuy, or it can involve seemingly harmless household products that possess hidden dangers. There are various factors that will determine if a company is liable for a product that caused an injury including the following:

  • Whether the product was defective.
  • Whether the product works for the purpose for which it was designed without causing personal injury.
  • Whether the company knew or should have known of a hidden or less-than-obvious danger.
  • Whether the manufacturer adequately warned potential plaintiffs of potential dangers.
  • Whether the type good is covered the under Uniform Commercial Code (U.C.C) as adopted by Massachusetts.
  • Various other reasons not included in this list. Products Liability

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There are many drugs and other medical products on the market that we assume are safe.  The problem is that much of the research that “proves” a product’s safety actually comes from drug companies with a financial stake.  Long-term, independent studies on the safety of these medications are often sorely lacking. That’s why in so many cases, the truth of a medication’s side effects doesn’t become known until it is widely distributed to the general public.

However, there are some cases in which product manufacturers are aware or should have been aware their product failed to meet key safety standards.

Product Liability LawyerIf a pharmaceutical company knows or has reason to know of a defect in their products and either hides the results of tests performed, or chooses to be willfully-blind of a potential averse event (side effect) due to failure to conduct adequate testing, this can be the basis for filing a Boston defective drug lawsuit against the drug manufacturer.  Continue reading

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Defective artificial hip implants are a major problem in the U.S. and the issue is only becoming more exacerbated as million more Americans are seeking artificial hip surgery.  It has become one of the top surgical procedures in the U.S. with hundreds of thousands of artificial hips implanted each year. According to the U.S. Centers for Disease Control (CDC), in one recent year alone there were 310,000 artificial hips implanted. This number is expected to rise in years to come with more younger patients choosing to undergo the procedure so they can attempt to lead a more active life.

defective hip implants Boston While none of these artificial hips will last forever, some are failing far sooner than promised, in some cases with serious or dangerous side effects. We have seen far too many cases where medical device manufacturers are rushing a product to market to make money when they knew or should have known the device was faulty. This is the reason for so many defective artificial hip implant lawsuits in Boston and across the nation each year. Continue reading

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Testosterone replacement therapy (TRT) drugs are pervasively over-prescribed, according to many researchers and medical professionals. This is true even though TRT drugs can lead to serious and potentially fatal medical conditions including stroke and heart attack.  Testosterone therapy was first introduced nearly 40 years ago as a drug to treat a serious, but rare, medical condition known as hypogonadism. Over the past decade or so, testosterone replacement therapy has become one of the most-used elective medications, as hundreds of thousands of men have become convinced that taking testosterone will serve as a panacea for most if not all of the symptoms of normal male aging.

Boston Products Liability LawyersIt all starts with a commercial on the radio or on a click bait ad on the web that asks men if they have experienced a  loss of libido, general fatigue, joint pain, weight gain, loss of muscle tone, and a variety of other conditions that normally happen to men as they get older.  The ad them tells them if they take testosterone replacement therapy, they will feel much better and most of these so-called symptoms of a low testosterone count will get better, or go away entirely. Continue reading

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Despite the numerous claims of great benefits from medical device manufacturers (including DePuy, now a subsidiary of Johnson & Johnson), it has become quite clear the metal-on-metal hip implant does not work as advertised. These metal on metal hip implants were designed to be smoother than implants made of traditional materials, but in reality, there were various problems with these implants that resulted in tremendous amounts of pain and suffering and eventually a total device failure in some cases.

Boston Products LiabilityThe DePuy Pinnacle or DePuy ASR hip implant has been the focus of many lawsuits as it controlled a lot of the hip implant market share, but it was not the only metal on metal hip on the market.  Continue reading

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Food service businesses and food product manufacturers both have a responsibility to ensure the the items they serve and sell are reasonably safe for public consumption. Plaintiffs in these cases must show the manufacturer or food provider was not reasonably careful in distributing the product, and that the illness or injury suffered was causally connected to that breached duty of care.

If a person goes to a restaurant, consumes food that was negligently handled and becomes sick with food poisoning, that generally falls under the auspices of general negligence. On the other hand, if you purchase a prepackaged food item and become sick due a manufacturing or production defect, we are likely dealing with a products liability matter. That difference is important because pursuant to the Massachusetts version of the Uniform Commercial Code (U.C.C.), this transaction falls under what is known as the sale of goods, and special rules apply.  The U.C.C. was adopted by our state is found in Chapter 106 of the Massachusetts General Laws (M.G.L.).

According to Reuters, a French manufacturer of baby formula has just issued a full-scale international recall of baby food products. This is a major recall because the French company is one of the world’s larges makers of baby formula. The reason for the recall is because of alleged salmonella poisoning.  It has been reported that 26 babies have already been sickened as a result of consuming formula that was tainted with salmonella. tainted food lawyer Continue reading

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Patients with a serious medical condition known as atrial fibrillation, also known as “Afib,” a type of irregular heartbeat, are generally required to take a prescription blood thinner or oral anticoagulant medication.  Blood thinners have been on the market for decades, and the most popular one is Warfarin, invented in late 1940s and approved for use in the U.S. in 1954.  Pradaxa is a newer type of oral anticoagulant that can lead to serious and irreversible damage, and the company failed to warn of these dangers.

Products Liability cases BostonWarfarin was originally sold under the brand name Coumadin but has been a relatively lost cost generic for many years. While it is generally safe and effective, it can lead to internal bleeding if the dosage is not correct.  These risks can be curtailed by having routine blood work to determine how the drug is working and avoiding certain foods. If there is an adverse event, doctors are able to quickly reverse the side effects with the use of an antidote. Continue reading

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A number of medical device manufacturers have produced defective hip implants, but one of the most troubling is a company called DePuy, which produced the DePuy Pinnacle metal-on-metal hip.  The product has been plagued with problems almost since the outset.

DePuy is a major manufacturer of durable medical equipment, including artificial joints such as hips and knees.  The company has since been acquired by Johnson & Johnson and became the DePuy Orthopedics Division of Johnson & Johnson. It was this successor company that was named a defendant in a product liability lawsuit that recently resulted in a $147 million jury verdict in a defective hip implant lawsuit according recent news article from Reuters.

Six Plaintiffs Collectively Awarded $147 Million Verdict in DePuy Hip Injury Case

defective knee replacement lawyerThis most recent DePuy lawsuit was heard in the U.S. District Court in Dallas Texas, with relief sought by six plaintiffs who suffered serious injuries as a result of their use of the defective Pinnacle hip.

This was the third jury verdict against this defendant in connection with injuries cased by the DePuy Pinnacle hip implant device. This is one of an estimated 9,700 cases pending against Johnson & Johnson for the Depuy defective hips. Although the company won the first bellwether trial, it has subsequently continued to lose, with many juries concluding the company liable. A spokeswoman has promised long-term commitment to vigorous defense of these cases, but if verdicts like this continue, it’s likely we’ll see an uptick in settlements.

This type of complex litigation requires an experienced legal team with extensive resources.  Continue reading

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Dangerous around the household that can cause injury to small children can include things like household chemicals such as liquid drain cleaner, cleaning products, sharp edges, electrical outlets, the strings used to raise vertical blinds and similar items. However, furniture can also pose a serious risk to small children when it is defectively designed, lacking features to ensure it is properly secured. If a product is defectively designed, or a hidden hazard is not conveyed to the consumer before an injury occurs, it can be grounds for a product liability lawsuit.

Boston products liability lawyer According to a recent news article from CNN, an eight child has died from as a result of a toppled dresser from IKEA.  These dressers are the very popular MALM style units that come in a variety of sizes ranging from three to six drawers. These dressers were recalled in 2016, but injuries and deaths are still occurring.

It’s important to point out that a recall does not insulate a manufacturer from liability. However, the recall also can’t be used as proof positive the product was defective, as lawmakers and courts did not want to dissuade product makers from warning the public about potential dangers. That said, details that emerge following a product recall can be useful in a product liability lawsuit.  Continue reading

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When you buy a product, you expect that it will work for the purpose in which it was intended. In some cases you end up  with a defective product and are annoyed and have to try get your money back.  When the product is not only defective but also dangerous, this can lead to serious personal injury and the need to file a Boston products liability lawsuit.
Boston Products Liability According to a recent news article from Fox News, Kidde, one of world’s largest manufacturers or fire smoke alarms and fire safety equipment has issued a recall on over 38 million fire extinguishers. The two models of handheld fire extinguishers are among the most popular models and the recall states that these products may fail to work as designed during a fire emergency.

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