Houston Product Liability Lawyer
Product Liability in Texas – The Brand’s Responsibility
Consumers have a reasonable expectation that the products they use every day are safe from defects. The law requires products to meet all safety standards. When a company sells products that prove defective or dangerous serious injury or even deaths can result from their negligence. Products can be unsafe or defective for a variety of reasons. They can have flaws of design, or in their manufacture, or a company can fail to warn users of potential safety hazards. Unfortunately, people are regularly injured by products they have come to use and rely on as normally safe. When a seat belt fails, prescribed medication is defective, or medical devices don’t operate properly often serious injury or even death results. The list of defective products is long and that includes over the counter medication, household products, toys, crushed roofs, airbags that fail to work. The list is nearly endless.
If you or a loved one has been injured because of a defective product, it’s important you understand your options for full compensation. At Brian White & Associates, we are effective and determined advocates for injured clients as the result of a defective product.
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What If You’ve Been Injured by a Defective Product?
If you’ve been injured by an unsafe product, keep any packaging, instructions, labels and the product itself. This is evidence that will be vital to proving your case. Defective product cases are usually very expensive and challenging to prosecute. Selecting a law firm with the resources and experience to investigate and prepare your case will be critical in winning the award for damages you deserve. Brian White is an experienced and aggressive Houston injury attorney who has the resources and experience to work the most complex dangerous produce cases. His reputation has been earned in winning significant awards for clients. Don’t hesitate to call in order to discuss all of your options under Texas State law. We will work hard to get exceptional results for you.
What If You’ve Been Injured by a Faulty Medical Device?
The medical devices your doctor gives you are supposed to improve your health, not create further damage. Unfortunately, it is an all too familiar occurrence to hear of defective medical devices causing life-changing injuries. If you have a medical device that has caused you harm, you may be eligible for a liability lawsuit. Some of the following devices have been known to cause issues:
- Metal Hip Replacements. Thousands of patients who received metal hip replacements have suffered further injury due to implant failures, cobalt toxicity, and metal poisoning. DePuy Hip replacements, a popular brand used in hip replacement surgery, has had several recalls.
- Drug coated stents (tubes inserted into arteries or blood vessels) have caused poisoning in some patients.
- Guidant defibrillators (or pacemakers) had a major recall in 2005.
- Mirena IUDs. Mirena IUDs have caused some women to suffer pierced uterine walls, ectopic pregnancies, infections, and device migrations.
- Transvaginal Mesh. A surgical patch used to correct pelvic organ prolapse, Transvaginal mesh has caused injuries to organs and mesh erosion.
- DaVinci Surgical Robots. These robots are used for surgery in otherwise hard to reach areas. Some robots have malfunctioned, causing pierced organs, infections, and burns.
Why Are Defective Medical Devices So Prevalent?
According to Consumer Reports, many medical devices do not undergo thorough testing. Unlike pharmaceutical companies, manufacturers of medical devices often are only required to file paperwork and pay a fee to the Federal Drug Administration. Though standards for these devices exist, the FDA is not extensive in the enforcement of their applications.
In addition to undergoing only minimal testing, medical research has found that most devices don’t even have a serial code – yet household appliances like coffeemakers and toasters do. This makes it extremely hard for doctors and researchers to track problems with particular devices.
In 2007, a Floresville, Texas woman began suffering symptoms of pelvic organ prolapse. Janet Holt went to her doctor who told her he would surgically implant a transvaginal mesh to correct the problem. Months later, Holt was feeling more intense pain than she had before the surgery and was unable to sit, stand or walk. Gradually, the mesh shifted and rejected itself, a pain which Holt equates to feeling “open cigarette burns with each step you take”.
After eight surgeries to remove the mesh, Holt was left with nerve damage in one leg, and is suing the manufacturer. A 2011 petition to the FDA to take the transvaginal mesh off the market resulted in the FDA finally acknowledging the damage. In 2012, after 10 years of being on the market, the transvaginal mesh device was studied and re-classed as a high risk class III device.
Devices can also cause issues that slip under the radar. In 2006, Stephen Tower, MD, underwent a DuPuy hip replacement surgery. Though the surgery was successful at first, Tower began noticing excruciating pain and worrisome symptoms within a year. He was in constant pain and was suffering symptoms including disturbed sleep, visual problems, mood swings, and hearing loss.
After multiple unanswered questions to DePuy engineers, surgeons, and sales reps, Tower began to do his own research. He found that metal debris from the implants was causing his chromium and cobalt levels to raise which indicate toxicity. He had the implant removed in 2009, just before DePuy recalled 93,000 devices.
Cases like these need to be addressed if the FDA is ever going to tighten regulations. If you have experienced any problems after a surgical implant of a medical advice, it is imperative that your voice is heard. An attorney who specializes in defective medical devices may be able to get you compensation for the difficulties this device has caused.
You Need a Houston Product Liability Lawyer
Call for a free consultation today. We never charge a fee until we win your case. The longer you wait to speak to an experienced attorney, the more difficult your case becomes to complete successfully. Product liability injuries have strict time limitations under the law to file your claim. Don’t compromise your rights to recover the compensation you need and deserve by waiting to act. We will listen to your concerns and answer your questions.