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Planning on filing a health product liability claim?
Millions of Americans get hurt by dangerous drugs, defective medical devices, and contaminated health supplements every year. Recent data found that product liability filings increased from 3,342 in 2013 to 5,826 in 2022.
Yikes. This data is alarming. But what’s worse is that many of these incidents were completely preventable. In other words, there was no need for injuries and lawsuits if manufacturers had taken safety seriously and not put profits first.
Here’s what you need to know:
- The unique challenges with health product liability cases
- Legal strategies that are proven to win cases
- Steps to take to build a strong claim
Let’s get to it…
First – What Is A Health Product Liability Claim?
Health product liability refers to legal claims specifically focused on medical products. This includes medications, medical implants, diagnostic devices, and dietary supplements. These are products we expect to be safe because they impact our health.
Manufacturers of these products can be held strictly liable for their products, meaning that a plaintiff doesn’t need to show fault or negligence, just that the product was defective.
If a defective medical device, medication, or other health-related product caused harm, manufacturers may be held liable for resulting injuries and losses.
For an experienced San Diego product liability lawyer in the surrounding communities, these claims involve navigating medical knowledge, scientific analysis, and Federal Drug Administration (FDA) regulations. That’s why it’s critical to hire an experienced product liability lawyer with the skills and resources to fight.
There are three types of health product liability claims:
- Design defects (the product was inherently dangerous from inception)
- Manufacturing defects (error occurred during production)
- Marketing defects (failure to provide adequate warnings or instructions)
However, here’s the truth. Most consumers aren’t aware that even if they used the health product as directed or recommended, they can still pursue a product liability claim if it caused them harm.
Health Product Liability Claim Strategy #1: Document From Day One
Documentation is a critical part of any legal claim, and health product liability cases are no exception. When a consumer suspects that a health product was the cause of an injury, they should start gathering information from day one, including, medical records diagnosing the injury, the actual defective product, packaging and instructions, purchase receipts, and photographs of any injuries sustained.
Why this is important: In a product liability claim, the plaintiff needs to establish a clear causal link between the product and the injury. Without documentation, a manufacturer can argue that something else caused the health problem.
Product Liability Claim Strategy #2: Understand Medical Causation
In health product liability cases, causation is critical. A plaintiff has to be able to prove that their injuries were directly caused by the defective product. Merely showing that a consumer used a health product and then got injured or sick is not enough.
The plaintiff must show that the product was the proximate cause of the specific injury or illness. To do this, most consumer rely on the testimony of medical experts who review the facts of the case and provide an opinion on the likely cause of the injuries.
Experts can include physicians with experience in the particular medical condition, pharmacologists familiar with medication interactions and side effects, and engineers that can evaluate the failure of a medical device.
Skilled product liability lawyers often have extensive networks of such experts to draw from for these cases.
Health Product Liability Claim Strategy #3: Be Aware Of Statutes Of Limitations
Another important part of these cases is being aware of time limitations. Each state has statutes of limitations on the filing of product liability claims. These are deadlines for filing legal actions. If a claim is not filed within the applicable statute of limitations, a plaintiff is barred from ever bringing their case forward.
Typically, health product liability statutes of limitations range from 1-4 years from the date that the injury was discovered. However, this isn’t always as straightforward as it seems. Some health product injuries may not become apparent for a long time.
For instance, a person may use a medication for years before suffering severe side effects. This is referred to as the “discovery rule.” In such situations, the statute of limitations may not begin until the person becomes aware or should have been aware of the injury.
Product Liability Claim Strategy #4: Know The Legal Theories
If you want to dramatically improve your chances of winning a product liability claim, you need to know the legal theories that are most likely to work in your favor.
These include Strict Liability: under this theory, the manufacturer is liable for any harm caused by a defective product, even if they were not negligent.
Negligence: In some cases, the plaintiff may need to show that the manufacturer acted negligently, such as failing to follow safety protocols during production.
Breach Of Warranty: If the product didn’t work as advertised or promised by the manufacturer, the plaintiff can claim that there was a breach of warranty.
Attorneys often use multiple legal theories at once.
Product Liability Claim Strategy #5: Join Or Consider Class Actions
Product liability class actions are lawsuits that a group of people join to sue a common defendant for damages. These are typically the best when a defective health product has injured a group of consumers in a similar way.
Class actions allow people to share legal costs, have more leverage in negotiations, and there is strength in numbers.
However, class actions are not always the best option. A single lawsuit may sometimes be more appropriate and can potentially lead to higher compensation for an individual. Data shows that the median payout is $748,000 for product liability claims.
The experienced attorney will tell you whether joining a class action or filing a lawsuit individually is more appropriate for your case.
Product Liability Claim Strategy #6: Prepare For The Long Haul
One of the biggest mistakes people make with these cases is thinking that they will be resolved quickly. These cases, just like any other, take time and effort. Health product liability cases are no exception, and in many cases, can take years to get resolved.
If a large corporation with an army of lawyers is involved, this is even more certain. Manufacturers and large drug companies are not going to give in easily. They have the resources and the will to fight these claims.
For these reasons, consumers need to make sure that they have an experienced attorney that has the resources and the desire to see these claims through.
The experienced attorney will be prepared to dedicate the time to discover, depose witnesses and executives, review internal documents, consult with expert witnesses, and even be ready to go to trial if necessary.
The good news is that most product liability claims settle before trial.
Mistakes To Avoid That Wreck Health Product Liability Claims
- Waiting too long to file a claim or lawsuit. Statutes of limitations are real and if you miss the deadlines, you are out of luck.
- Giving a recorded statement to insurance companies without a lawyer present. Insurance adjusters are trained professionals at getting you to say things that could destroy your claim.
- Posting information about the injury on social media. Social media accounts are fair game for defense attorneys.
- Accepting the first settlement offer. Insurance companies always start with low offers, so don’t get greedy but don’t settle for the first offer.
- Attempting to represent oneself. Product liability cases are complicated.
Conclusion
Health product liability claims require specific legal strategies and a deep understanding of the complexities involved. From collecting and preserving evidence to proving medical causation to understanding and interpreting FDA regulations, these cases present unique challenges that require specialized skills and resources.
With the right legal representation and approach, consumers can seek justice and hold manufacturers accountable for their defective products. Product manufacturers have a duty to ensure their health products are safe for consumer use, and when they fail to meet this standard, they should be held liable for the resulting harm.
Don’t let time run out on your ability to file a claim. Don’t take settlement offers from insurance companies that don’t fairly compensate you. And don’t try to tackle this complex legal system alone. If a defective or dangerous health product injured you or a loved one, contact an experienced product liability lawyer today to get help.
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