We all use mass-produced products every day. We rely on manufacturers to have completely tested and determined the safety of their products before selling them to us. If a product is defective, you may be entitled to financial compensation if the defective product causes you personal injury. At the Hickey Law Firm, P.A., located in Miami, Florida, our experienced product liability lawyers can help ensure that your rights are protected in the event of an injury.
If you or someone you love has been injured or killed as a result of a dangerous and defective product, we urge you to call Hickey Law Firm, P.A. today at 855-375-3727. We can review your case free of charge and devise an effective course of action. Rest assured that we will work tirelessly on your behalf to hold the responsible party liable and make sure that the product is made safer in the future.
- Types of Product Liability Cases
- Defective Product Types
- Takata Airbag Recall
- General Motors Car Recalls
- Pradaxa® Lawsuits
- Proton Pump Inhibitors Cases
- Low Testosterone Treatment Lawsuits
- Power Morcellator Lawsuits
- Proving a Product Liability Case
- Compensation in a Product Liability Case
Types of Product Liability Cases
Companies who design and manufacture goods have a responsibility to make sure that their goods and services adhere to established principles of safety and quality. When you purchase a defective product, not only can you feel cheated out of your hard-earned money, but the cost of injury can place a substantial financial burden on you and your family.
Manufacturers and designers have a legal obligation to ensure that products are designed correctly, that they have passed quality control tests, that no dangerous or defective products enter the market, and, if necessary, that each product has a warning label that is easy to locate and understand. Product liability cases typically fall into one of the following categories:
- Design defect: If a product is inherently dangerous, regardless of whether or not it’s being used properly, then it has a design defect. Examples of a design defect would be a car that rolls over at relatively low speeds or an all-terrain forklift that, when it rolls over, fails to protect the operator from injury.
- Manufacturing defect: A product may have a manufacturing defect if the product differs from the original design as a result of the manufacturing process, or if the materials used or methods of construction weakened the product in some manner. The use of improper materials or poor quality control standards can cause manufacturing defects.
- Failure to warn or instruct: If a product can injure or harm someone as a result of being used for its intended function, or in a manner that the manufacturer or designer should have foreseen, the manufacturer or designer is responsible for warning the consumer of such risks. If a ladder manufacturer fails to warn consumers about the risks of using the top step, for example, they may be considered liable for any injuries that occur as a result.
Defective Product Types
Defective products can affect you in serious ways, causing horrible injuries, illness, and death. Our Miami defective product attorneys have experience with the entire gamut of defective product cases. There are many types of products that can have defects which result in injury, a list of the most common includes:
- Defective airbags
- Recalled vehicles
- Defective tires
- Seat belt injuries
- Forklift rollover injuries
- Gas tank explosions
- Defective children’s products
- Defective medical devices
In the sections below, we’ll highlight a few examples of these types of defective products and how they can affect you.
Takata Airbag Recall
Nearly 8 million vehicles made by multiple automakers are being recalled due to defective airbags that can explode and cause extreme harm and even death. The airbags are made by the manufacturer Takata and are currently installed in vehicles from more than 10 different automakers. To date, the defective Takata airbags have been found responsible for five deaths and over 100 injuries.
According to different automakers, the airbags can explode without warning due to deterioration in the airbag’s propellant. This deterioration can cause the airbags to combust even if the vehicle has not been in an accident. It has also caused airbags to malfunction when a vehicle is in an accident, so the victim suffers shrapnel and explosion damage rather than being protected by their airbag.
The automakers believe the deterioration of the airbag propellant is more common in severely humid locations. While the National Highway Traffic Safety Administration (NHTSA) has called for a nation-wide recall on these airbags, the current recall is regionally-focused upon areas of high humidity.
So far, Honda is the only automaker that has extended their recall to include all geographical locations, and the NHTSA is urging other automakers to do the same. There have been injuries and deaths caused by Takata airbags in non-humid areas and humid areas alike.
The Takata airbag recall includes vehicles made between 2002 and 2008 by the following automakers:
- General Motors
There have been reports that there are severe delays in getting your recalled Takata airbag replaced, so do not delay in determining whether you’re driving a safe vehicle or not. In order to confirm if your vehicle is on the recall list, you can choose your automaker and enter your vehicle’s VIN number at this website that is provided by the NHTSA.
General Motors Car Recalls
The attorneys at Hickey Law Firm, P.A. handle cases involving serious injuries caused by GM defects. According to the NHTSA, the GM Recalls include:
- All 2005-2010 Chevrolet Cobalt
- 2007-2010 Pontiac G5
- 2003-2007 Saturn Ion
- 2006-2011 Chevrolet HHR
- 2006-2010 Pontiac Solstice
- 2007-2010 Saturn Sky
Pradaxa® is a blood thinner that was approved by the Food and Drug Administration (FDA) in 2010 to help prevent strokes among patients with atrial fibrillation, a condition in which blood clots develop around the heart. Pradaxa® is a new anticoagulant that works by attaching to clotting agents and reducing the blood’s ability to clot and cause a cardiac stroke. However, a number of internal bleeding injuries were reported to the FDA and 260 Pradaxa® related deaths were reported worldwide.
Despite its benefits, dangerous complications began surfacing just 10 months after Pradaxa® hit the marketplace. Common Pradaxa® injuries include:
- Kidney issues and failure
- Heart attacks
- Brain hemorrhaging
- Gastrointestinal bleeding
- Liver dysfunction
Like all blood thinners, Pradaxa® carries the risk of excessive bleeding. However, Pradaxa® does not have an antidote unlike other traditional blood thinners and the only option is emergency dialysis. This often comes too late making Pradaxa® incredibly dangerous and deadly if excessive bleeding occurs.
If you are taking Pradaxa®, it is important that you recognize the warning signs of internal bleeding:
- Muscle fatigue or weakness
- Unusual or persistent headaches
- Menstrual bleeding that is heavier than normal
- Urine that is pink or brown in color
- Frequent nosebleeds or bleeding from the gums
- Joint pain or swelling
- Red or black-colored stools
Patients aged 75 or over are at the greatest risk for complications associated with Pradaxa®. If you have recurring stomach or intestinal bleeding or have pre-existing kidney issues, you may at higher risk for Pradaxa® complications as well. Patients with a long-term history of using aspirin or non-steroid anti-inflammatory drugs (NSAIDs) may also be highly susceptible to excessive bleeding or kidney and liver complications caused by Pradaxa® use.
If you have suffered a Pradaxa® injury, talk to a knowledgeable injury attorney to discuss your legal options to obtain compensation in a potential Pradaxa® lawsuit.
Proton Pump Inhibitors Cases
At least 20 percent of Americans have been diagnosed with Gastroesophageal reflux disease (GERD). Proton Pump Inhibitors (PPIs) such as Prilosec and Nexium are often used to reduce heartburn and treat GERD. However, in recent studies PPIs have been proven to significantly increase the risk of harmful side effects including kidney failure and chronic kidney disease.
PPIs can be ordered by prescription, and even purchased over the counter. Examples of these medications include:
In the study conducted by Dr. Ziyad Al-Aly, associate chief of staff for research and education at the VA Saint Louis Health Care System, patients who took PPIs were found to have a 96% increased risk of developing kidney failure and a 28% increased risk of chronic kidney disease over a period of five years when compared to the patients who took alternative medications for their medical condition.
Altogether, this type of drug can cause a myriad of health concerns, including:
- Kidney disease/dysfunction
- Heart problems/disease
- Kidney infection
- Loss of bone density
- Bone fractures
In the past, PPIs have been linked to cases of acute kidney inflammation, which can go unnoticed and eventually lead to chronic kidney disease.
Low Testosterone Treatment Lawsuits
If you've suffered heart problems after taking low testosterone therapy products, you may be entitled to compensation. The FDA recently issued a warning for several prescription testosterone drugs after discovering that they heighten men's risk of heart attack, coronary artery disease, stroke, deep vein thrombosis, blood clots, and more.
The low testosterone drugs that fall under the FDA's safety warning include:
- Depo Testosterone
A 2013 study performed on around 9,000 male veterans confirmed that these products double the risk of heart attack in men 65 years old and older after being used for three months. Meanwhile, men under the age of 65 who have a history of heart disease have triple the risk.
Power Morcellator Lawsuits
A power morcellator is a medical device used by physicians to remove growths from the uterus, kidney, or spleen. Oftentimes, a power morcellator is used when performing a hysterectomy or myomectomy. They're used to remove benign growths, oftentimes called fibroids, which are considered non-cancerous.
Power morcellators have been found to uproot cancerous cells within the abdomen that otherwise would have remained dormant. This causes the cancerous cells to spread and implant elsewhere and has been found to cause rare forms of cancer. The FDA estimates that 1 out of every 350 women that had a power morcellator used for a hysterectomy or myomectomy will develop a rare type of uterine cancer known as uterine sarcoma.
In April of 2014, the FDA discouraged the use of power morcellators on fibroids because of the increased chances for cancer. Johnson & Johnson stopped selling all of their laparoscopic power morcellators soon after this announcement.
If you or a loved one had a power morcellator used on you for hysterectomy, myomectomy, or any other type of surgery and now have cancer, you may have recourse to file a lawsuit.
Proving a Product Liability Case
In order for our Miami product liability attorneys to establish that a product was to blame for your injuries or the loss of a loved one, we have to prove that the design or creation of the product was flawed. This requires a thorough examination of what caused your injuries.
If there's already a recall on your product, then we can use that information to help us in our case. A defective product case may be due to something as small as a part on your car or defect in a child's toy and as large as a malfunctioning airbag or prescription drug that doesn't do what it's supposed to do.
Defective product claims can be made against the following:
- Parts manufacturer
- Assembly manufacturer
- Company that packaged the material
After we determine who was at fault for the injuries you sustained because of the defective product, our lawyers will work to determine which type of defective product case you have.
We may sue for damages involving the negligence in the creation of the product, that the companies involved in the production and sale of the defective product are liable for your injuries, or for a breach of warranty if your product was within its warranty and you were operating it for its intended use.
Compensation in a Product Liability Case
Depending on the circumstances of the case, you may be eligible to obtain compensation for:
- Medical and rehabilitation costs
- Loss of wages (including future wages)
- Limited earning capacity
- Pain and suffering
If you have lost a loved one as a result of a product defect, a compassionate Miami and Fort Lauderdale injury attorney from our law firm can help your family file a wrongful death claim.
Contact Our Experienced Product Liability Lawyers
At the Hickey Law Firm, we have years of experience helping our clients fight against companies that produce defective products or dangerous drugs. We'll analyze your case for free to determine if you have recourse to file a lawsuit and if we believe there is compensation to be received. After that, we will move forward to aggressively represent you and your family against the companies responsible for your injuries or the loss of your loved one.
If you would like to learn more about your defective product lawsuit, give us a call at 855-375-3727 to schedule your free case evaluation. We are proud to serve clients in Miami and the surrounding Florida communities.