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Chicago Personal Injury Lawyer | Panio Law Offices

Defective Products – Failure to Warn

Winning a successful defective products claim can be very complex when the defect is not necessarily in the design or the production of the product in question, but in the marketing and promotion of the item.

The fact is that some products are inherently dangerous. Chainsaws, electric heaters and many painkillers are in and of themselves very dangerous products sold in the retail space every day, but if the manufacturer does not take ample steps to ensure that the consumer is made aware of their inherent dangers, they and other arms of the distribution chain could be on the hook for defective products personal injury damages.

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Defective Products – Manufacturing Defects

When defective products cause injury the injured party is often entitled to compensation from the responsible party. Whether that responsible party is the manufacturer, or the distributor, the seller or the marketing company that promoted its use, the fact is there is a responsibility on the part of anyone in the chain of distribution for commercial products to protect the consumer public where necessary.

If you have been injured by a defective product, it is very important that you personal injury claim be based on the appropriate legal theory. If not, while you may be entitled to compensation, you may have a great bit of difficulty in recovering it.

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Defective Products – Defective Design

Defective products claims are often difficult to pursue when you don’t understand the legal theories defective products liability is based on.

In this post, we discuss the second of three distinct legal theories upon which defective products claims are based. A defect in a product’s design, can often cause great harm because of the wide distribution of many products on the market today.

This kind of defective products liability often leads to the many class action lawsuits, we hear about every day. When a medication, for example, is produced and sold without a clear understanding of its longterm effects, injuries may result that could lead to a personal injury claim based on a defect in a product’s design.

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Pharmaceutical Drug Defective Product Claims: Who to Sue

Because there is a large chain of distribution for pharmaceutical drugs on the market today, there are many hands that may be held responsible when a defective products claim is brought. (See the types of pharmaceutical drug defective product claims typically made) That chain of distribution begins at the laboratory or manufacturing facility and ends with the consumer. Understanding who is involved in the process is important when bringing a pharmaceutical drug defective products claim:

The Manufacturer: Often large firms, pharmaceutical manufacturers are often the first subjects of a defective products claim. They are typically primarily responsible for the product’s makeup and presence on the market. It is important to recognize also that these firms often have deep pockets and can retain teams of lawyers to defend against defective products claims.

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Products Liability Vs. Medical Malpractice

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When a patient is injured by a medical device in a hospital or medical treatment setting, the most immediate response is typically to seek damages in a defective products claim. However, it may also be true that damages may be awarded in connection with medical malpractice as a result of the incident.

The good thing is that claimants do not have to choose which to pursue: products liability or medical malpractice. Claimants are eligible to fight for damages under all available legal theories. As such, it is very important to understand when you are eligible for multiple awards or for damages under multiple legal theories.

In the case of a patient injured by a medical device in the course of treatment, it is important to make the distinction between the two legal theories at play.

Products Liability

Under the theory of products liability: (1) a claimant must have been injured; (2) the defective  medical device must have been defectively designed or manufactured or packaged/promoted with language that failed to properly warn of any inherent danger related to the device’s use; and (3) the defect or improper marketing was identified as the cause of your injuries.   

To successfully win a products liability claim, it is important to understand that you are not entitled to damages if you were never actually injured by the defective device.

Medical Malpractice

In the context of an injury caused by a defective medical device, medical malpractice typically comes into play when the physician, nurse or technician improperly operates the medical device or even fails to recognize that the device is defective when other qualified medical professionals in their position would have understood that it posed a significant danger to the patient.

There are many ways a medical professional commit medical malpractice, but essentially, when a medical professional, be it a doctor or a nurse or EMT, fails to carry out the standard of care as recognized by the medical industry (and identified as common to other qualified medical professionals in the same circumstance), any resulting injuries may entitle the patient eligible to  medical malpractice damages.

It is advisable that you seek the counsel of an experienced medical malpractice attorney like those of Panio Law Offices. We are very experienced in negotiating personal injury claims and litigating medical malpractice cases. Our attorneys know well the intricacies of Illinois medical malpractice law. We will work assiduously to ensure you are awarded all of the damages to which you are entitled.

Call us at 888.799.7561. We can help!

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