Sellers and manufacturers have a duty to provide working and properly labeled products to consumers. If a drug, device, vehicle or other type of product has caused you harm then you may be able to recover compensation through a product liability suit.
EpiPens have been in the news lately, and not for their life-saving properties. From accusations of price gouging to a recall in Singapore over concerns regarding defects, the device has been getting a lot of flak over improprieties and more. Now, there's more potentially bad press on the horizon as the Federal Drug Administration (FDA) has accused Pfizer, which manufactures the product for the drugmaker Mylan, of failing to properly investigate accusations of malfunctioning EpiPens, according to a recent story by the New York Times.
Johnson & Johnson has been making household products for for more than 100 years. Consumers here in Kentucky and across the country tend to trust that the products the company makes will not harm them, but it appears that at least one of its products may contain toxic chemicals that could cause ovarian cancer in women after prolonged use. At least four cases in one state and one recent case in another state resulted in findings that the company's Baby Powder and Shower-to-Shower talc products are dangerous to women.
How many Kentucky residents have gone to extremes to lose weight? Many more have trusted their doctors to provide them with a safe treatment to help them on their journeys. If unsuspecting patients receive (and perhaps unsuspecting doctors use) defective medical devices, the quest to lose weight could turn deadly.
Rules, regulations and laws govern the safety protocols that manufacturers and producers are supposed to use to ensure that what you buy will work properly and not cause you injury. While many companies strive to adhere to these requirements, hazardous consumer products still make it into the stores here in Kentucky. If you or a loved one suffered serious injuries due to one of these products, you may be able to seek restitution for the damages you sustained as a result.
Many Kentucky residents will agree that going to the grocery store is like playing the lottery. In some cases, you never quite know what you are going to get. Some people choose the products they buy based on nutrition content, taste or mood. What no one feels they need to do is weed out unsafe products that could make them sick or even cause death.
We’ve been looking in recent posts at the topic of proving liability for defective products. As we’ve noted, product liability law varies from state to state and Kentucky law is relatively favorable to businesses compared to some states.
In our last post, we mentioned that there is a presumption under Kentucky law that a product is not defective if it meets industry standards in terms of design, manufacture and testing at the time of design or manufacture. If a plaintiff is able to overcome this presumption and prove that that a business failed to abide by these standards, it may be able to make a case for product liability.
Last time, we began looking at the topic of distracted driving, and particularly at the growing pressure being put on cell phone manufacturers to include software on their products to lock out phone functions that commonly lead to distracted driving, such as texting. As we noted, this pressure is coming both from federal regulators and is being felt in the courts.
Because of the Food and Drug Administration, we expect that the food, drug and cosmetic products we see on store shelves are safe to use. If they are harmful, we expect proper labeling that indicates the danger and risks so that we as consumers can make an informed decision about whether or not to buy the product.