Some or the other product makes news every day because lawsuits are filed against its manufacturer. The latest U.S. PIRG Education Fund release disclosed that it recalled 219 products in 2021. Why? Because over 6,000 Americans were sickened or injured after using those products.
Many times, defective products result in death. What do you do if you’ve used a defective product before its recall? Well, you file a lawsuit. The law gives you the right to recover damages from the manufacturer for the injuries sustained.
If you’re not sure how to seek compensation in product liability lawsuits, this guide will help you.
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Product Liability Lawsuit Examples
A few examples of product liability lawsuits are as follows:
1. Zantac Lawsuit
In 2020, the U.S. Food and Drug Administration requested manufacturers to withdraw over-the-counter and prescription ranitidine drugs (Zantac) from the market. Ranitidine medications, also known by the brand name Zantac, contain n-nitrosodimethylamine (NDMA), which is considered a possible human carcinogen. A recent NIH study has discovered a link between gastrointestinal cancers and ranitidine use.
Since light has been shed on these findings, several lawsuits have been filed against the manufacturers and sellers of Zantac.
2. Roundup Lawsuit
Roundup weed killer is quite effective in killing pesky weeds from the garden. However, recent findings suggest it causes cancer. Glyphosate, the active ingredient in Roundup weed killer, is categorized as carcinogenic to humans. Non-Hodgkin’s lymphoma is the most common cancer associated with Roundup.
Over thousands of lawsuits have been filed against Monsanto, the manufacturer of Roundup. Monsanto has already paid 11 billion dollars in settlements. Still, there are tens of thousands of cases yet to be settled.
3. Delsam Pharma and EzriCare Artificial Tears Lawsuit
Global Pharma Healthcare voluntarily recalled Delsam Pharma and EzriCare’s Artificial Tears Lubricant Eye Drops on February 2.
Around 55 cases of discomfort or adverse reactions were reported at the time of recall. Among them are permanent vision loss, eye infections, and, even worse, death from the bloodstream infection.
According to Global Pharma Healthcare, individuals who use contaminated eye drops are at risk of vision loss. Why? Because these eye drops contain Carbapenem-Resistant Pseudomonas Aeruginosa (CRPA), a bacteria that can cause infections with moderate to severe health issues.
Following the revelations, a Pennsylvania woman, Donna Fike, filed a product liability lawsuit against the manufacturers of recalled eye drops.
In the EzriCare Artificial Tears lawsuit, she claimed to have developed a severe eye infection after using EzriCare Artificial Tears. As a result, she had to get her eye replaced with a plastic implant through a surgical procedure. The defendants in her complaint were Global Pharma Healthcare Private, Ltd., Ezrirx, LLC., EzriCare, LLC., Amazon.com, and Aru Pharma, Inc.
Washington, Utah, New York, New Jersey, Florida, Connecticut, and Colorado are a few countries where the bacterial infection was reported, reveals TorHoerman Law.
Seeking Compensation by Filing a Product Liability Lawsuit
If you’ve suffered adverse reactions due to a defective product, these steps will help you seek compensation from those responsible:
1. Seek Medical Attention
First things first, seek medical attention for the injuries you’ve sustained after using a defective product. Make sure you share details of your injury with your healthcare provider so that they can determine the cause. This will also help them verify if your medical condition is due to the defective product you used. Any medical treatment you seek after sustaining an injury will strengthen your claim.
2. Check the Statute of Limitations
Finding out exactly how much time you have to file a lawsuit against the defective product’s manufacturer is important. In case of defective product injury, you should take action right away. You may lose the right to file a claim if you wait too long. If the makers of the defective product have already agreed to a settlement, find out the last date to make a claim.
3. Get in Touch With a Product Liability Lawyer
While there’s no harm in pursuing a lawsuit on your own, there is no guarantee you will win the case. That is why it’s best to seek advice from an experienced product liability attorney. As they are well-versed in the intricacies of law, they will create the best case possible. That way, you will receive fair compensation.
4. Gather Evidence
Medical bills won’t be sufficient to recover damages for the injury sustained. Videos, photographs, and, of course, witnesses present when the harm occurred will make your case strong. Also, do not dispose of the defective product that caused the injury. Keep it safe, as it will serve as a crucial piece of evidence.
What Next?
If you or anyone you know has suffered an injury or adverse health effects after exposure to a defective product, you’re eligible to file a product liability lawsuit. But before that, seek medical attention. Not only will it help you build a solid case, but timely medical treatment will also prevent the damage from aggravating. Navigating a product liability lawsuit isn’t easy. That is why it’s best to consult a legal professional.