If you used a consumer product and sustained an injury due to a defect, contact the class actions and commercial litigation attorneys of Wallace Miller immediately. We could represent you in a claim against the negligent manufacturer or another party responsible for the defective product. You might be entitled to compensation for your injury and medical expenses.
Consumer products, such as prescription medications and household chemicals, can contain defects. These defects make products inherently dangerous for consumers to use. The risk of an injury increases whether the manufacturer makes an error while designing, manufacturing, or marketing a product.
Manufacturers are supposed to supply the public with products that meet safety and quality standards. An error or flaw during the manufacturing process could create a product that can harm the user even if they use it as intended. Consumers have a right to pursue legal action against the negligent company for compensation when that happens.
At Wallace Miller, our consumer protection and defective product lawyers know the challenges you face. You must treat your injury but also deal with an ongoing case. We can relieve your burden by handling every legal aspect of the process so you can focus on healing. Let us be your advocate and fight for the justice you deserve.
Call Wallace Miller at (312) 261-6193 or fill out our online questionnaire for your free consultation today.
Common Types of Defective Products
You can encounter a defective product at any point in your daily routine and suffer an injury or illness from an existing defect. The most common defective products include:
- Roundup – Roundup weed killer is an herbicide that contains glyphosate. The International Agency for Research on Cancer classifies glyphosate as a probable human carcinogen. This means exposure to the toxic chemical could cause cancer in humans.
- Hernia mesh – Hernia mesh is an implant used to treat hernias. A defect prevents the implant from supporting damaged tissue and repairing the hernia. Mesh failure, device migration, and additional problems can lead to injuries.
- IVC filter – An IVC filter is a metal implant that traps blood clots so they don’t travel to a person’s lungs or heart. The U.S. Food and Drug Administration (FDA) received multiple reports of complications from the defective device, including tissue damage and organ perforation.
- Penumbra catheters – Penumbra issued an urgent recall of its JET 7 Reperfusion Catheter with Xtra Flex Technology due to the risk of serious injury or death. Adverse events, such as distal tip fracture and device rupture, could lead to blood vessel damage, air embolisms, and blood clots.
- 3M earplugs – The dual-ended combat arms earplugs manufactured by 3M company are supposed to block sound and protect a soldier’s ears during use. However, tinnitus and other hearing-related problems can result after use because of a defect in the design.
- Paraquat – Only trained and certified applicators can use Paraquat. It is highly toxic and could lead to Parkinson’s disease after prolonged exposure.
- Talcum powder – Talc is a naturally occurring mineral used in many consumer products. Researchers discovered asbestos contamination in talc-based products, such as talcum powder. Long-term exposure can cause mesothelioma, lung cancer, and other forms of cancer.
- Paragard IUD – Teva Pharmaceuticals markets its intrauterine device, Paragard, as easy to remove. However, the device can fracture and cause a perforated cervix or uterus, pelvic inflammatory disease (PID), and infertility.
- Elmiron – Studies show prolonged Elmiron use can lead to vision-related conditions, such as pigmentary maculopathy. It can also increase the risk of hair loss, sleeping disorders, and gastroesophageal reflux.
- Taxotere – Taxotere is a common chemotherapy drug that attacks and shrinks cancer cells. Studies found that secretions can interact with a patient’s tears and cause inflammation of the canaliculi. Over time, chronic infections can lead to Canalicular Stenosis, a permanent eye condition.
- JUUL – Researchers discovered harmful chemicals in JUUL, such as propylene glycol, formaldehyde, and cadmium. Inhaling these substances causes lung scarring and inflammation. Consistent exposure can eventually cause respiratory diseases and other medical complications.
- Textured breast implants – The FDA identified a possible link between textured breast implants and breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). This type of lymphoma forms in the scar tissue capsule around an implant. The manufacturer of BIOCELL® textured breast implants and tissue expanders issued a voluntary recall on July 24, 2019, due to this risk.
- Firefighting foam – Perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) are two chemicals found in aqueous film-forming foam (AFFF). They don’t break down in the environment and can contaminate drinking water, food, and the air. Exposure to these chemicals can cause adverse health problems, including kidney cancer, thyroid disease, and liver damage.
- CPAP machine – A CPAP machine is a device people can wear while they sleep to treat symptoms of sleep apnea. The manufacturer Philips Respironics recalled its machines due to a defect that caused the foam liners to break down. People can inhale harmful particles from the liners and suffer lung injuries, mesothelioma, or pulmonary fibrosis.
- Belviq – Belviq contains an active ingredient, lorcaserin hydrochloride, that affects brain signals that indicate hunger and cause a feeling of fullness. It can effectively treat obesity and other weight-related problems. However, research shows a potential link to different types of cancer, such as colorectal, lung, and pancreatic.
- Baby formula – Necrotizing enterocolitis (NEC) is a serious intestinal disease that can develop in premature babies who consume baby formula instead of breast milk. A range of complications can result from the disease, including abdominal infections, delays in development and growth, and short bowel syndrome.
- Zantac – Studies show Zantac (ranitidine) can contain dangerous levels of N-Nitrosodimethylamine (NDMA), a probable human carcinogen. Frequent and prolonged exposure to NDMA can lead to liver failure, hepatitis, and various types of cancer.
- Proton pump inhibitors – Proton pump inhibitors, such as Prilosec and Nexium, reduce the amount of acid produced by glands in the stomach lining. They treat acid reflux, gastroesophageal reflux disease (GERD), stomach ulcers, and other conditions. Taking them could lead to esophageal cancer, kidney disease, or heart disease.
- Zimmer hip implant – A range of defects can cause metal-on-metal hip implants to fail. The device can deteriorate and release metallic ions into the bloodstream. Joint swelling, tissue death, trouble walking, and hip pain are some of the adverse effects someone can experience from exposure to metallic ions.
- Transvaginal mesh – Transvaginal mesh provides support to weakened or damaged tissue. It can treat the symptoms of pelvic organ prolapse and stress urinary incontinence. The defective device could cause complications, such as a perforated bowel and bleeding, that require additional surgeries.
If you sustained an injury from any defective consumer product, do not hesitate to contact Wallace Miller. Our consumer protection and defective product lawyers know how to build cases against negligent manufacturing companies. We can review the circumstances of your case and determine whether you’re entitled to compensation.
Common Types of Defects in Consumer Products
Products can become defective for multiple reasons. The most common types of defects include:
- Design defect – A design defect happens during the design, planning, or development stage of a new product. The defective design makes the product inherently unsafe for people to use.
- Manufacturing defect – A manufacturing defect occurs during the making of the product. A flaw, defect, or error creates a dangerous product despite following a safe design to create the product.
- Failure to warn – Marketing defects involve a manufacturer’s failure to provide adequate instructions about using the product or warn the public of the risks associated with using it.
You can pursue legal action for your injury due to any type of product defect. It’s critical to show evidence of the defect and that it contributed to your injury. Without evidence, you can’t prove you deserve compensation from the manufacturer for your medical bills and other expenses.
Common Injuries Associated with Defective Products
Product defects can cause various injuries, complications, and medical conditions, including:
- Burn injuries
- Lung damage
- Liver damage or failure
- Spinal cord injuries
- Tissue and nerve damage
- Permanent scarring
- Hair loss
- Broken bones
- Exposure to toxic substances
- Respiratory illnesses
- Significant disfigurement
- Vision loss
- Birth defects
- Cardiovascular disease
- Hearing loss
- Blood clots
Psychological injuries are also possible. The physical injury a person sustains might heal entirely with adequate treatment. However, the emotional or mental damage of the incident can linger. Some people develop mental illnesses, such as depression or anxiety. Post-traumatic stress disorder (PTSD) and phobias are also common after using a defective product that causes severe or debilitating injuries.
Compensation for Defective Products
You could file a claim with the at-fault manufacturer’s insurance company and seek a settlement to cover your medical care, out-of-pocket expenses, and other incurred costs. You might also be able to pursue a lawsuit and take your case to court.
If you meet specific requirements, you could join a class-action lawsuit against the manufacturer. Class actions allow a group of people to combine their cases into one lawsuit against the same defendant. Each plaintiff must have the same or similar injuries due to the same party’s negligence.
The compensation you receive in a lawsuit could compensate you for your injury-related losses, such as:
- Medical bills
- Loss of enjoyment of life
- Out-of-pocket expenses
- Pain and suffering
- Lost wages
- Lost earning capacity
- Emotional distress
- Disfigurement or scarring
You could also recover punitive or exemplary damages. To receive this form of compensation, you must show clear and convincing evidence of a specific action displayed by the defendant. State laws provide the parameters for pursuing this monetary award in a lawsuit.
Statute of Limitations for Defective Products
The statute of limitations varies from one state to the next. This is the timeframe a person has to file a lawsuit against another party. Most states have statutes that allow from one to five years for defective product cases. You must initiate your lawsuit within the timeframe to seek compensation for your injury.
Wallace Miller proudly represents clients injured by the wrongdoing of others. We believe in fighting for people who need legal representation and helping them stand up to negligent manufacturing companies. You can count on us to protect your rights and aggressively pursue the maximum possible compensation. We will try to find a way to hold the manufacturer liable for the harm they caused.
If you suffered an injury from a defective product, call Wallace Miller at (312) 261-6193 or fill out our online questionnaire for a free consultation with one of our experienced and trusted consumer protection and defective product lawyers.