While prescription drugs and medical devices can cure medical conditions and save lives, they can also cause harm. Defective drugs and devices are known to cause severe adverse effects and death.
Fidelma Fitzpatrick has been named lead counsel of the Bayer Essure California state court. Alameda County Superior Court Judge Winifred Smith appointed her to head a five-member plaintiffs executive committee in the Essure litigation last month. Smith’s order was made public on Jan. 6. About 50 lawsuits filed in California on behalf of more than 800 women allege Bayer failed to disclose its Essure contraceptive device could cause chronic pain, bleeding, and unintended pregnancies, among other side effects.
A man who suffered an adverse reaction after his hernia was patched with a polypropylene mesh product files suit this week in federal court claiming the product’s maker, Atrium Medical Corp. (Atrium), was negligent and hid the device’s dangers. Atrium was found in 1981 and delivers over 2.7 million medical products a year, one of which is its C-QUR polypropylene mesh with Omega 3 gel coating, more commonly known as fish oil.
Mirena is an intrauterine device (IUD) inserted to prevent pregnancy. The Mirena birth control implant releases the prescription medication levonorgestrel. In addition to previous lawsuits filed over other side effects, Bayer now faces at least 116 Mirena Pseudotumor Cerebri lawsuits in 17 federal jurisdictions. Bayer not only makes Mirena, it also makes troubled contraceptive device Essure.
When foods, drugs, medical devices, or cosmetics are found to be defective and hazardous, the United States Food and Drug Administration (FDA) will issue a recall. Since 2012, the FDA has recalled nearly 4,500 drug products for various reasons.
In the United States, a tort refers to a, “body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others.”
An MDL stands for multidistrict litigation and is a special legal procedure conducted in federal court that is designed to quickly conduct the handling of complex cases, which can include dangerous drug and medical device lawsuits.
It means the manufacturer made an error either in the design or the fabrication of a product that causes it to not work as intended. This can be especially dangerous in many cases, such as those of faulty medical devices and prescription drugs.
A defective design in a product is one that is so great, the product cannot be utilized for the purposes intended or is even made hazardous as a result of the defect, imperfection, or design flaw. In the case of medical devices, this can be a deadly mistake.