Product liability/ defective drugs can cause serious health complications and death. In recent years, the FDA and drug companies have been under growing scrutiny for the defective drugs recalled from the market. What ensued from the drug recalls were personal injury and product liability claims. Drug companies have been accused of putting financial profits over consumer safety and the FDA has been accused of failing to step in and fill the gap by making sure adequate monitoring of consumer safety exists. The ability to file product liability/ defective drugs claims may finally lead to a closer examination of federal regulation and force drug companies to reprioritize putting consumer safety ahead of company profits by holding them accountable for deceptive and criminal behavior.
Defective drugs on the market have the ability to injure potentially millions of patients. The increase in drug marketing has drastically propelled the use of newer prescription drugs that enter the market. Though marketing allows a drug more visibility to a theoretically large group of affected patients, the extent of drug marketing in recent years has been widely criticized.
When new drugs are in development, a study group is often fairly small and will reveal just limited side effects. Before market data is able to reveal potentially deadly effects caused by defective drugs, the high visibility of the drug’s advertising campaigns may have unnecessarily caused patients to switch drugs and put them at risk for serious and deadly effects caused by the defective drugs. Most recently, Vioxx was recalled from the market after about 20 million Americans used the drug, joining the growing list of prescription drugs to be recalled in recent years, including Baycol and fen phen.
Product liability claims can be the result of negligence, strict liability or breach of warranty. Depending on the state, product liability statutes can greatly differ between any two states. The fault of a product liability claim can be applied to any party involved in any stage of the manufacturing of the product. Allowing defective products to enter the market for consumer use and purchase threaten the safety of American consumers and can seriously injure and kill unsuspecting victims. Regardless of the precautions taken in testing a product to ensure its safety, if defective products end up on the market product liability claims might ensue.
Elder abuse is only a recently known national problem to many, though evidence suggests elder abuse has existed throughout time on a wide scale. Not too much information is known about elder abuse still, though tackling the deep-rooted problem has become a national and state-to-state priority. The actual incidence of elder abuse is unknown, with the majority of elder abuse cases believed to go unreported.
Abuse can be physical, mental, sexual, financial, as well as complete neglect. Reports of vicious cases of elder abuse have continued to be revealed and lawmakers and officials are trying to reverse trends and create an environment of safety and well being that is needed now more than ever. The population of persons aged 65 years and older continues to increase each year. By 2030, there will be about 71.5 million older persons, making the urgency to stop elder abuse especially necessary.
More than half the states in the United States have so far passed legislation addressing medical malpractice, with many of the states placing caps on jury awards for pain and suffering. For victims of the most severe medical malpractice especially, including wrongful death, caps have further injured individuals and families most tragically affected by medical mistakes. One in every 10 hospital patients, according to the World Health Organization, is injured because of preventable medical mistakes. Though some margin of human error cannot be avoided, the medical errors taking lives and severely injuring patients impacts so many Americans every year that modern health care is the leading cause of death in the United States.
Russ Berkowitz has been selected as a 2010 Super Lawyer...
$4,750,000.00 medical malpractice award on behalf of a child who sustained brain damage as a result of a hospital’s negligent airway management.
$9,000,000.00 medical malpractice recovery against an obstetrician and a hospital whose failure to timely deliver the infant plaintiff, despite signs of fetal distress, left her severely brain damaged.
$6,100,000.00 settlement against a hospital and two physicians on behalf of a client who sustained permanent paralysis.
Joanne Sheehan recently settled a medical malpractice case for $1,800,000.00 against an optometrist who caused a female plaintiff to sustain permanent vision loss in both eyes following the improper administration of ophthalmic steroids despite said optometrist’s knowledge of the plaintiff’s history of steroid induced eye pressure.
$4,000,000.00 medical malpractice verdict
$2,600,000.00 wrongful death verdict
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