LaFollette Dangerous Drug & Defective Medical Device Lawyer
Tennessee Product Liability Attorney Serving Clients Injured By Dangerous Drugs and Defective Medical Devices in LaFollette
Did you recently suffer injuries caused by a dangerous drug or a defective medical device? When patients suffer harmed because of a safety issue in a medication or a medical device, those patients may be able to file product liability lawsuits in order to seek compensation. Like many injured plaintiffs, you likely learned about the dangerous drug or defective medical device after experiencing an injury or learning about a product safety recall. Before product recalls are issued, many consumers often sustain severe and life-threatening injuries from those products.
Given that many medications are essential for a patient’s health, it can be difficult to know what to do after learning that a drug you rely on has been subject to a recall. And since so many medical devices are implants that require surgery, determining your path forward after a device has been recalled can be extremely difficult. Many patients require multiple surgeries in order to correct the harm caused by a defective medication or device. An experienced LaFollette dangerous drug lawyer can get started on your case today.
Types of Product Liability Claims in LaFollette
Product liability claims are a type of personal injury lawsuit that a patient may be able to file after suffering harm from a dangerous drug or defective medical device. The Cornell Legal Information Institute (LII) explains that product liability law “refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by the product.”
Generally speaking, there are three different kinds of product liability claims that may arise from a dangerous drug or defective medical device injury:
- Design defect: Some prescription drugs and medical devices have flaws or defects in their design. For instance, the chemical makeup of a particular drug might actually be defective and harmful, or the design of a hip implant could have a flaw. In other words, the product may be manufactured and marketed exactly as designed, but it already had a defect in its design that posed injuries to consumers. This is known as a design defect.
- Manufacturing defect: Some drugs and medical devices may be designed perfectly, but a flaw or defect occurs during the process of manufacture. For example, a drug might be manufactured in a facility where it is contaminated, or a medical implant might be manufactured in a way that makes it unstable. To be clear, there is no defect prior to the product’s manufacture, but instead the defect or injury-producing flaw occurs during the process of manufacturing the item. This is known as a manufacturing defect.
- Marketing defect: Sometimes drugs and medical devices are designed and manufactured properly, but there is a problem with the way the company markets the product. In other words, the company might fail to warn consumers about a particular hazard or danger associated with use of the product. For instance, a pharmaceutical company might fail to warn consumers about a particular drug interaction. Or, for example, a device manufacturing company might fail to inform patients that the device may fail if it is used in a manner that is foreseeable but is slightly different from how the device was designed to be used. This is known as a marketing defect.
Seek Advice from an Aggressive LaFollette Dangerous Drug & Defective Medical Device Lawyer
Tennessee law (T.C.A. § 28-3-104) usually gives injury victims one year from the date of the injury to file a claim for compensation. A dedicated LaFollette dangerous drug and defective medical device lawyer can speak with you today about your case. Contact Fox Willis Burnette, PLLC to learn more.