If you’re planning on filing a lawsuit, you probably have what you believe to be evidence that you were wronged in some regard. Understanding evidence, however, does take some real legal knowledge. In fact, you may find that, upon meeting with your attorney, they don’t really believe that the things you consider to be evidence […]
Featured
Police Sued Over Privacy Violations
CNN reported that a police department in Washington is facing a lawsuit over violating the rights of inmates. The reporting details that 11 women and 1 man are suing a police department over alleged instances where the inmates—who were all arrested on suspicion of drunk driving—were recorded while they were undressing and using the toilet. […]
Frivolous Lawsuits Get too Much Publicity
The idea behind a lawsuit is to give a person who was wronged because of another person’s negligence away to get compensated. This can include suing manufacturers for putting dangerous products out on the market when they should’ve known better, suing motorists who are prone to driving dangerously and end up hurting or killing someone […]
Dog Bites and Liability
Unfortunately, many dog owners are not responsible with their animals. In fact, it’s quite reasonable to argue that the biggest cause of dog bites has nothing to do with dogs, but with the people who are in charge of taking care of those dogs. There are differences on a state-by-state basis as to how much […]
Daycare Worker Arrested for Raping Children
For parents with children in daycare, a nightmare scenario seems to be unfolding in Ohio. According to NewsOK, a daycare worker has been arrested on two counts of rape. The woman, according to the article, had engaged in sexual conduct with an infant and made a video of herself doing it. Police claim that they […]
Class Action Against LinkedIn Reveals Importance of TOS
If you’ve gotten emails that appear to be from a friend of yours but that were actually from LinkedIn giving a pitch for the website, you’re not alone. In fact, a lawsuit has been filed against the business social networking website alleging that the company breaks into email accounts, uses the contact list to send […]
Can You Sue a Company for Mishandling Your Information?
Today, it’s not uncommon for companies with whom people do very casual business – cellular phone companies, Internet service providers, etc. – to have some very sensitive information about their clients. For example, Social Security numbers are routinely used as forms of identification and many companies require that information in order to open an account. […]
Why Do Personal Injury Attorneys Turn Down Cases?
There are instances when a personal injury attorney may turn down your claim. This may leave you wondering if there is any hope for justice but, keep in mind the fact that civil lawsuits are not really about justice; they’re about compensation. If you’ve been turned down as a client by an attorney, some or […]
How Do You Sue on Behalf of a Child
Some of the largest jury awards are actually handed out to children. These occur in cases involving medical malpractice during birth, car accidents that permanently damage a child and in other cases. Obviously, a child cannot enter into a contract or take any other legal action of their own accord. Parents are the ones who […]
Fosamax Linked to Fractures According to Study
Fosamax may be linked to atypical femur fractures, according to a study. The Archives of Internal Medicine published a study in May of 2012 that showed a link between bisphosphonate drugs and fractures. Fosamax has already been implicated in over 3,000 lawsuits, according to an article published in the Wall Street Journal. The lawsuits have in common allegations that using the drug caused patients to suffer bone decay and fractures.
Osteonecrosis
Osteonecrosis of the jaw is one of the most common reasons that people have elected to sue over Fosamax. This drug is used to treat postmenopausal osteoporosis and has been in use since it was approved in 1995 by the FDA. The potential risks of this drug have been making it into the news more frequently of late. According to an article in the TimesUnion, there are 3,100 product liability lawsuits that have been filed against Merck and Co. by patients treated with this drug.
The study published in the Archives of Internal Medicine linked the drug specifically to femoral fractures. These are among the most painful and debilitating fractures that an individual can suffer. The drug is also used to treat Paget’s disease, which means that an entire other group of patients aside from those suffering from postmenopausal osteoporosis may have been affected.
Litigation and Damages
One of the options for people who have been injured by a defective drug is to pursue a lawsuit, as over 3,000 people have already decided to do in the case of Fosamax. Patients who suffer serious conditions such as broken bones or osteonecrosis may find themselves unable to work or, predictably, facing even higher medical expenses than they would have expected, even if they were already diagnosed with a serious conditions such as osteoporosis.
The first step in finding out whether or not you might be able to sue for damages caused by a defective drug is to speak with an attorney. Whether you are considering suing over damages from Fosamax or another drug, the attorney may be already aware of many other cases that have been filed over the same product. If this is the case, they may well be able to help you, but you’ll have to meet with them to determine whether or not this is true in your situation.
Settlements
There are cases where pharmaceutical companies or other manufacturers of defective products may offer you a settlement. Make certain that you speak with an attorney before you accept any such settlement. If they do offer a settlement, it may be because they believed that you would win if you brought your case to court and, because of that, they are trying to avoid having to pay even more money in a jury award and court costs than they would have to pay for a settlement. The settlement may be a good deal for you, but you’ll definitely want to get the advice of an attorney before you go ahead and accept one in exchange for not filing a lawsuit.
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Are Product Liability Lawsuits Legitimate?
The recent lawsuit by the CPSC over Buckyballs and Buckycube toys has brought product liability lawsuits to the forefront of media attention once again. Whenever these situations happen, there is a cynical voice that permeates the media that tries to lay the blame for the injuries that children and older people suffered due to a defective product only at the feet of the parents or the person involved. In reality, there is a reason that filing a product liability lawsuit is an option for people who were injured by a product.
Bad Labeling
Part of the problem with the Buckyballs and Buckycube toys originates from the labeling of them, which stated that they were safe for people age 13 and older. This sort of labeling is supposed to give parents a realistic idea of whether or not a toy is safe for their children. Parents have every reason to trust that labeling, as the labeling process is heavily regulated by federal agencies. When children are injured by a product that was supposed to be safe for people in their age range, it is hardly the fault of the parents that they trusted labeling that was designed to keep their children safe.
Bad Designs
Some products make it onto the market but are designed in a way that makes them inherently hazardous. Examples include stepladders that fold up under normal usage, coffee pots with timers that end up causing fires and other products that have, through the years, made the news. That cynical voice in the media will oftentimes declare that people who have been injured or have had their property destroyed by such products are simply looking for a way to get rich quick. If somebody has sold you something that was supposed to have been safe and that damaged your property or injured you personally, there is nothing cynical about filing a lawsuit to recover those damages.
Contacting a Lawyer
If you or someone in your family has been injured by a defective product, the first thing you need to do is contact a lawyer about the matter. Listening to the myriad voices in the media, many of whom will be declaring that anybody pursuing a product liability suit against the latest defective product that has made it into the media cycle is simply looking for a way to get rich is absolutely the worst way to get advice. In these situations, a personal injury attorney is there to help you and only you.
Putting trust in a company or a label that gave you every reason to trust it is not foolish. If your child was injured by a toy that was defective in some way, it is not your fault. Talking to an attorney is the only way you can determine whether or not you were injured because the manufacturer was sloppy in how they manufactured a product, how they designed a product or how they marketed the product. Do not listen to the media in these cases. Consult with a lawyer – it’s usually free – and listen to their advice. They are the only individuals in these situations who are representing your interests.
Call us for a FREE consultation at 713-771-5453
CPSC Sues Maxfield & Oberton Over Buckyballs
Maxfield & Oberton, manufacturer of the toys Buckyballs and Buckycube, has been sued by the Consumer Product Safety Commission over hazards posed by those products. These products both include high-powered rare earth magnets that have been shown to pose a substantial risk of injury to people, particularly children, under certain circumstances. Following the failure of an effort to negotiate a voluntary recall with the manufacturer, the CPSC filed an administrative complaint.
The Hazard
Buckyballs and Buckycube both include high-powered rare earth magnets that have caused injuries resulting in surgeries in several instances. In total, the CPSC has learned that there are over two dozen such incidents related to these products that have occurred since 2009. These products were labeled as being safe for people ages 13 and up but, following investigation, it was found that they did not meet the requirements for that safety label.
Each of these sets includes up to 216 of the powerful magnets, according to a press release by the CPSC. These magnets can pose a risk of serious injury and even death under certain circumstances.
The injuries were reported when the magnets were ingested accidentally or intentionally by young children and teenagers. When the magnets enter the stomach and intestinal tract, the attraction between them is powerful enough that they can make holes in the digestive system or stick together through the tissues of the digestive system, causing an array of problems. The problems can range from obstructions to blood poisoning to death and, because of that, the CPSC was demanding a recall. The current lawsuit seeks to stop Maxfield & Oberton from selling these products any longer.
Some of the injuries were caused when very young children swallowed the magnets. Other injuries were caused because teenagers and older children were using the magnets to imitate lip piercings and tongue piercings, according to the press release, and they accidentally inhaled or ingested those magnets. Rare earth magnets are powerful enough to attract one another through the tissues of the body and therein is where the hazard lies. If your child has been injured by one of these products, you may want to consider contacting a product liability lawyer to see if filing a lawsuit over the injuries would be an option for your family.
Filing a Lawsuit
Product liability claims can be filed over products that are found to be defective in manufacture, advertising or design. Because these products were advertised as being safe for children ages 13 and over but do not meet the standards for that labeling, you may be able to file a lawsuit if your child was injured.
Talking to a Houston product liability lawyer is the first step in determining whether or not this is an option for you. These attorneys will generally offer you a free consultation where they can listen to the details of your situation and determine whether or not it would be appropriate for you to press forward with a lawsuit. Contacting a lawyer as soon as possible is advisable.
For a FREE consultation, call us at 713-771-5453
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