If your doctor prescribes a medication or you purchase something over the counter in a Louisiana store or use any type of medical or pharmaceutical product, you can feel confident that it’s safe to use. At least, that’s how it should be. Sadly, it is not always the reality because defective products make their way to the marketplace, which causes personal injuries to many people every year.
When you or a member of your family suffers injuries because of a pharmaceutical or medical product, you’re entitled to seek restitution in civil court. However, you then have the burden of proving that the product in question was defective and that this defect directly caused the injuries that occurred. You must also determine who is liable for the product defect and, therefore, responsible for the injuries.
What constitutes pharmaceutical or medical product defects?
The following list shows several elements, at least one of which must exist for the court to consider a pharmaceutical or medical product defective in accordance with state or federal laws:
- Wrong materials used during manufacturing
- Incorrect product assembly
- Hazardous chemicals in product
When these or other issues adversely affect the safe usage of pharmaceutical or medical devices, the court may hold manufacturers and others accountable for damages that occur from personal injury.
What devices and products are included in this category?
In addition to prescription and over-the-counter medications, the items included in the following list are examples of pharmaceutical and medical devices that can be defective, resulting in personal injury to those who use them:
- Visual and hearing aids
- Hospital supplies
- Surgical equipment
- Diagnostic equipment
- Meshes
- Implants
- Defibrillators
- Stents
There are many more types of products and devices that can cause patients serious, even life-threatening injuries if they are defective.
Have you or a loved one suffered injuries?
If you or your family member has suffered injuries from pharmaceutical or medical devices, and such injuries would likely not have occurred if the products were not defective, you are entitled to seek compensation for damages. In the past, there have been class action lawsuits regarding devices and drugs that caused otherwise preventable injuries to those who used them.
Evidence is key to successfully holding a manufacturer or other party accountable for pharmaceutical and medical products that cause personal injuries to people in Louisiana or elsewhere in the country. Plaintiffs in such cases must demonstrate that injuries occurred as a direct result of product defects and manufacturer negligence.