Product Liability Attorney in Miramar Beach, FL
Product liability attorneys at The Foster Firm investigate cases involving automobile, heavy equipment, consumer products and worker's compensation related claims across Florida.
Our Product Liability Attorneys would like to review any case involving catastrophic injury or death.
Auto manufacturing claims
From defective tires to airbags, if a manufacturer is aware of a problem, they have an obligation to alert consumers to the potential danger. The largest automotive recall in history centers on the defective Takata airbags found in millions of vehicles manufactured by BMW, Chrysler, Daimler Trucks, Ford, General Motors, Honda, Mazda, Mitsubishi, Nissan, Subaru and Toyota. These particular defects frequently resulted in lacerations and blunt force trauma or even death. Lesser known but equally dangerous manufacturing defects can also cause catastrophic injury or death in tractor trailer or other heavy equipment which are often not required to contain many of the same protections for occupants as smaller passenger cars. We would like to review any case involving catastrophic injury or death.
Pharmaceutical products
Lawsuits filed against Johnson & Johnson subsidiary Janssen Pharmaceuticals and Bayer Corp. over the blood thinner Xarelto have been consolidated in Lousinana Federal Court, following recent suits such as the $650 million Pradaxa settlement and the Vioxx litigation resulted in a $4.85 billion settlement. The FDA has issued warnings after finding a link between the condition ketoacidosis and the drug Invokana(canagliflozin) and has received nearly 500 reports of birth defects linked to use of the drug Zofran(ondansetron), even though there have been no controlled studies for the latter, researchers continue to link these widely prescribed drugs to life threatening side effects. Investigations continue for some commonly used drugs, particularly, Viagra (sildenafil), Risperdal, many proton pump inhibitors (PPIs) both prescription and over-the-counter types as well as many Testerone Replacement Therapies such as the prescription topical treatments Androgel, Testim and Axiron as researchers have found significant risks, serious complications, permanent impairments and risk of death as related to use of these drugs. Contact this office.
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On-the-job product liabilty
More times than is realized, a worker's compensation claim investigation, leads us to discover that a defective machine may actually be the cause of the injuries. As often overlooked, are exposure to dusts, fibers, metals, chemicals, vapors, food flavoring additives or other tiny particles in the workplace, which can result in grave diseases, lung transplants or death. Numerous cases are currently being investigated involving severe lung disease including any of the following diagnoses: any interstitual lung disease, pulmonary fibrosis (whether idiopathic or not) silicosis, black lung, bronchiolitis, obliterans, sarcoidosis, berylliosis or chronic beryllium lung disease, metal lung disease, hypersensitivity pneumonitis, pneumoconiosis, non-smoker's lung cancer and emphysema. Plaintiff's across the country have filed lawsuits after having been diagnosed with Non-Hodgkin's Lymphoma after using commercial grade Round-up, Monsanto's herbicide; Acute Myeloid Leukemia, myelodysplastic Syndrome, lymphomas and aplastic Anemis as a result of exposure to the toxic chemical 'Benzene'; or Mesothilioma (pleural, peritoneal or pericardial) or asbestos diseases after exposure to asbestos. Due to certain statute of limitations for bringing a claim of this nature, it is important to contact a Product Liability Attorney as soon as possible if you believe a condition or diagnoses is as a result to exposure in the workplace.
Medical Devices
In February 2016, a jury found Johnson & Johnson knew of the cancer risks associated with its talc products, but failed to warn customers. A jury awarded an injured party $72 million after their family member died of ovarian cancer after using their talc containing products for more than 30 years. The FDA has made known the risks and complications of several medical products such as a device called a power morcellator used by physicians to break up tissue for various uterine procedures. This device has been shown to cause the development of a type of uterine cancer. The transvaginal mesh frequently used to treat pelvic organ prolapse can cause pain, infection, organ perforation and urinary problems, as stated by the FDA in recent reports. Very recently another product has been recalled, the Ethicon Physiomesh Flexible Composite hernia mesh, claims for this product are currently being reviweed by our office. Other devices linked to complications include retrievable IVC filters, the 3M Bair Hugger warming blanket and metal-on-metal hip replacement parts, specifically, DePuy Orthopaedics ASR XL and the DePuy ASR Hip Resurfacing System, the Stryker Rejuvenate and ABG II modular neck stems, the DePuy Pinnacle, the Zimmer Durom Cup, the Wright Conserve and the Biomet M2A "38mm" and M2A-Magnum hip replacement systems, some of which have been recalled and of which are currently being investigated. Contact this office for a review of possible claims concerning any of these products.