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.
Healthcare giant Johnson & Johnson (J&J) has been battling thousands of lawsuits against women who developed ovarian cancer from using the company’s baby powder products. However the company was dealt a monumental blow when plaintiffs’ were successful in obtaining the largest baby powder verdict to date. Jurors in Missouri determined J&J hid the cancer risks of baby powder from consumers and awarded 22 women $4.69 billion damages.
Since the 2010 approval of the Attune Knee Replacement System, the U.S. Food and Drug Administration (FDA) has received hundreds of reports of device failure. For many patients, the Attune implant is failing after only a few years, or in some cases, just months after implantation. Artificial joints on average last approximately 15 years before needing replacement, but Attune implant failures are causing hundreds of additional surgeries.
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.
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.