In early 2022, Blaine Labs, an FDA-approved skin and wound care manufacturer, voluntarily recalled RevitaDerm. The wound care gel was pulled off the market after a bottle was found to be contaminated with Bacillus cereus—a foodborne pathogen that releases harmful toxins and can lead to illness.
If the contaminated product is applied to wounds, it can potentially cause serious infections like meningitis, sepsis and pneumonia. Patients with compromised immune systems and premature infants are at an elevated risk of developing these life-threatening infections. People who were prescribed the product were directed not to use it and return it to their physician.
If you or someone you love was injured or suffered an illness from a defective drug or other product, you may be entitled to significant compensation. Discuss your situation with a product liability personal injury lawyer.
At the Weycer Law Firm, our experienced product liability attorneys are here to help you navigate the legal process and get the compensation you deserve.
What Is Product Liability?
Every manufacturer and seller of consumer goods, drugs and machinery can be held liable if they sell defective products that cause injuries or illnesses.
A product can be defective and dangerous to use in a variety of ways. For example, a product may have a design flaw or be missing necessary warnings about the risks associated with improper use. A well-designed product may be manufactured with low-quality materials that are vulnerable to metal fatigue. There may also be foreseeable or anticipated misuse scenarios that the manufacturer failed to take adequate measures to mitigate.
Victims of defective products can seek compensation for their injuries by filing a product liability claim. These claims are usually filed against the responsible party and their insurance company.
While most personal injury claims, like car crashes, revolve around negligence and the idea that the at-fault party failed to uphold their duty to the injured party, product liability claims do not necessarily require negligence.
These are known as “strict liability” claims. The plaintiff does not need to prove the manufacturer or designer of the product acted negligently. They must only show the injury was caused by the unmodified product, which the plaintiff used as intended or as reasonably anticipated.
Examples of Product Liability Claims
An infinite number of products can be designed, manufactured or assembled incorrectly. However, certain types of products are more prone to cause injuries and illnesses and result in product liability claims:
- Pharmaceuticals
- Medical devices
- Motor vehicles
- Children’s products
- Household products
- Fitness products
- Machinery and equipment
How to Prove Your Product Liability Case
With product liability cases, the burden of proof lies with the plaintiff. In traditional negligence claims the plaintiff usually needs to prove four elements: they were owed a duty, the at-fault party breached the duty, the plaintiff was injured as a result and the injury resulted in damages. In strict liability product liability cases, it’s only necessary for the plaintiff to show:
- They suffered an injury
- The injury was caused by the defective product
Proving a product liability claim can be a challenging undertaking, especially if you’re still recovering from the injury or illness. Hiring a personal injury attorney may increase your chance of obtaining monetary compensation for your expenses, lost wages and pain and suffering.
Can I File a Product Liability Claim if the Product in Question Was Recalled?
If the defective product was recalled, the validity of your product liability claim will depend on these three factors:
- When your injury or illness occurred
- When the product was recalled
- Whether you received a recall notice before using the product
For example, if you took a contaminated drug and got severely sick before the drug was recalled, you’ll likely have a strong product liability claim. Even if you were injured by a defective product shortly after a recall was issued, you may still have a valid case, as you may not have had enough time to learn about the recall and act on it.
If you’re not sure how a recall may impact your claim, don’t hesitate to speak to a Houston product liability lawyer.
Contact Our Houston Product Liability Attorneys for Help
If you or your loved one was injured by a defective product, contact the Weycer Law Firm. Our dedicated product liability attorneys have decades of combined experience helping clients recover financial compensation for their injuries.
To learn more or to schedule your free initial consultation, call our Bellaire office at (713) 668-4545 or send us a message.