It seems as though companies issue product warnings and recalls far too often, causing consumers to believe manufacturers do not perform their due diligence prior to releasing products. However, large corporations that manufacture products such as medical devices actually devote immeasurable resources in attempting to ensure that they cannot be held liable for defects that may cause future injuries. That being said, having an experienced attorney on your side to make sure your claim meets the following criteria is the first step in preparing for a lawsuit.

Criteria #1: Damage or injury must have transpired as a result of the product or device

In order to claim that a manufacturer, distributor or other entity produced a defective product, an injury or damage must have occurred as a direct result of using the product. Typical damages that are cited as a basis for product liability claims are injury, wrongful death, loss of wages due to missed work and damage to property.

Criteria #2: A claimant must have experienced harm or damage as a direct result of product use

To make a product liability claim, an individual must have been using or used the product in the proper manner intended by the manufacturer. This factor is one of the leading reasons why many product liability claims are not able to be substantiated, as lawyers for manufacturing and distributing corporations often site improper use as the cause of harm.

Criteria #3: Explicit liability must be evident

Especially in medical product liability cases, a claimant and their legal team must be able to explicitly establish that liability for the harm cause by a defective product exists. This is not always easy to do in the medical sector due to liability laws that protect manufacturers and distributors. The Food and Drug Administration (FDA) serves to regulate and issue warnings about medical devices and products. Due to the strict nature of FDA labeling regulations, a claimant may not be able to build a strong product liability case for experiencing harm that may have been noted on a warning label or listed as a potential side effect.

Criteria #4: Compensation for damages must be measurable

A claimant will need to prove that the defective product caused damage or injury, and in turn that they suffered tangible and intangible losses as a result. Compensation that is often sought in product liability cases is that for medical expenses, disability, disfigurement, wage loss, property damage and pain and suffering.

Medical product liability cases can be complex to navigate as the laws involve federal and state factors. It is important when considering a product liability claim that experienced legal counsel is consulted and the claim is fully investigated. The attorneys at Azrael, Franz, Schwab & Lipowitz, LLC. are well versed in medical product liability laws, and can offer critical support for your case. Contact us for more information!