Product Liability

Product Liability – What You Need to Know

Published on: February 22, 2024 | Anthony Quackenbush, Esq.

There are three types of product liability claims: defective design, defective manufacture, and failure to warn or instruct. You or a loved one can be injured by any type of product: a vehicle, household item, toy, recreational item, medical device, pharmaceutical or over-the-counter drug, or any other man-made product. As a Florida personal injury lawyer, I have helped many clients injured by a wide variety of products recover damages to compensate them for the injuries, loss of income, expenses, and pain and suffering caused by a company’s negligence.

Defective design

If a product is designed poorly, it could increase the risk of injury even during proper use of the item. Defective design is often the cause of many auto recalls, but unfortunately, some of those defects are not discovered – or at least not reported – until someone gets hurt. An electric blanket’s design may cause burns when set at the highest temperature or may short out, causing burns. Power tools may not include safety features, which exist but were not included in the design. Products designed for children may be choking hazards.

Mounjaro Lawsuits

Published on: October 18, 2023 | Anthony Quackenbush, Esq.

Mounjaro, manufactured by Eli Lilly and Co., is an injectable prescription medicine that is used along with diet and exercise to improve blood sugar in adults with type 2 diabetes mellitus. Mounjaro received FDA approval in May of 2022.

Mounjaro is a glucagon-like peptide-1 (GLP-1) receptor agonist, like Ozempic, which is produced by Novo Nordisk. In addition, Mounjaro also activates glucose-dependent insulinotropic peptide (GIP), a hormone that helps release insulin after consumption.

Eli Lilly claims on the Mounjaro website that studies showed 3 out of 4 people reached an A1C under 7%, from an average starting at 7.9% to 8.6%.

Ozempic Lawsuits in Florida

Published on: October 1, 2023 | Anthony Quackenbush, Esq.

Ozempic is a prescription drug designed for treating type 2 diabetes. It is also being used off-label for weight loss. Like all pharmaceuticals, Ozempic has a list of side effects, but some people are now suing Ozempic for serious injury not listed as a potential risk. If you have taken Ozempic and believe it has adversely impacted you, please call our office to discuss the details.

About Ozempic

Ozempic is made by Novo Nordisk, a Danish company that was founded 100 years ago to make the newly-discovered drug, insulin, for patients with diabetes. Ozempic, the brand name for semaglutide, is a glucagon-like peptide-1 (GLP-1) analog that received FDA approval on December 5, 2017.

Airbag Recalls: Toyota, Lexus, and More

Published on: August 25, 2023 | Anthony Quackenbush, Esq.

Airbags are a tremendous development in automobile safety, saving untold lives every year. But when they don’t work properly, the passengers and drivers are not protected, and the defective airbags themselves can, in fact, cause harm. It’s important to check your manufacturer’s recalls to determine if your car is safe. If you have already been injured by faulty airbags and you are a resident of Florida, I may be able to help you receive the compensation you deserve for their negligence.

2023 Toyota and Lexus airbag recall

The most recent recall, July 2023, is the recall of over 110,000 Toyota and Lexus vehicles to repair faulty wiring in the steering column. Apparently, an electrical connection was not welded properly at the factory. The cable within the column could detach, disabling the driver-side airbag and causing the airbag light to be illumined.

Are Meal Kit Services and Grocery Delivery Safe?

Published on: May 16, 2023 | Anthony Quackenbush, Esq.

Having your groceries delivered can be a major time-saver, and meal kit services provide you with all the ingredients for a gourmet meal at home without having to shop for everything. But there are health risks associated with these services, which wise consumers can mitigate by taking certain precautions.

Major problems with delivered food

The biggest concern with food delivery and meal kit services is the risk of bacterial growth. Perishable food can become a breeding ground for harmful bacteria when the product is not kept cold. At 40oF, it takes only two hours for microbes to begin to colonize; at 90oF, it takes only one hour. Here in Florida, with temperate weather even in the winter and very high heat and humidity the rest of the year, keeping food cool can be a challenge, especially when it is being transported.

Unsafe Toys for Kids – Be on the Lookout for Recalled Items

Published on: December 10, 2022 | Anthony Quackenbush, Esq.

Products are recalled almost daily in the U.S. If you visit the Consumer Product Safety Commission website you can read their weekly updates of recalled items. Many of them are products for children.

U.S. toymakers follow the safety rules and regulations laid out in the ASTM F963 Standard Consumer Safety Specification for Toy Safety. Therefore, if you buy your toys from a reputable place and a reputable toymaker, it is likely that the toy is following these safety guidelines. And because of these guidelines, toys and other baby or child products (including clothes, strollers, etc.) are often preemptively and voluntarily recalled as soon as a potential problem emerges.

However, some toys that may be safe for older children are not safe for younger children. And some toys, especially knock-offs of popular brand-name toys, may not meet safety standards. Dangers can include lead or toxic paint, small pieces that break off, electric or battery malfunctions, and toys that are excessively loud.

Hip, Knee, and Ankle Replacement Lawsuits

Published on: November 22, 2022 | Anthony Quackenbush, Esq.

Many people have undergone hip, knee, and ankle replacement surgery using Exactech joint replacement products. In August 2021, Exactech announced the recall of many of its knee, ankle, and hip replacement parts. It was discovered that, for certain products sold since 2004, the packaging of various parts allowed exposure to oxygen, which could cause oxidation. Over time, the oxidation could lead to the breakdown of the implant material within the patient’s body, causing failure of the device and other complications. Additionally, Exactech recalled their Connexion GXL acetabular polyethylene liners, which are a key component in several hip replacement products. These liners could also break down prematurely.

Because of the many lawsuits associated with the defective products, the suits were consolidated into a nationwide multi-district lawsuit (MDL), centralized in the Eastern District of New York State. In addition, since Exactech is a Florida company, an additional, state-wide MDL has been created, which could go to trial earlier than the national MDL.

Do you have an Exactech product that has been recalled?

Current Major Mass Tort Lawsuits or MDLs

Published on: October 24, 2022 | Anthony Quackenbush, Esq.

The news is full of examples of major companies being sued for damage caused by their products. As a Florida personal injury lawyer, I help individuals fight against big corporations and their teams of lawyers in order to guarantee that those hurt by the negligence of others receive the compensation they deserve.

What is an MDL case?

A multidistrict lawsuit (MDL) refers to a mass tort, or a circumstance in which many people are suing a manufacturer over the same product. To simplify the process and keep the court system from being overwhelmed, the U.S. Judicial Panel on Multidistrict Litigation (JPML) may determine that a certain type of case should be handled as an MDL, in which a single judge is appointed to oversee the discovery, pre-trial motions, and settlement conferences since the processes would be similar in all cases.

Can I Sue When I Get Hurt by a Product?

Published on: October 18, 2022 | Anthony Quackenbush, Esq.

Essure birth control implants and 3M Earplugs are two recent high-profile product liability cases in which tens of thousands of users who were injured sued for damages. In both these cases, the sheer volume of lawsuits would swamp the courts if taken individually, thus they are class-action lawsuits.

Essure’s manufacturer, Bayer Healthcare, received nearly 40,000 lawsuits for its permanent birth control device by 2019 when it was pulled from the market. Bayer has recently settled a portion of these lawsuits with a $1.6 billion settlement.

3M Company has received nearly 250,000 claims against its Combat Arms earplugs, which were standard issue to our servicemen and women between 2004 and 2015 but were ineffective as ear protection. New claims are constantly being filed, which have been consolidated into a multi-district lawsuit (MDL) before a U.S. District Judge in Florida in preparation for trial next year.

How to Start a Lawsuit for a Defective Product

Published on: September 22, 2022 | Anthony Quackenbush, Esq.

Products sold to consumers are supposed to be safe. There are many safety standards that need to be met, but often, either they are not met or the standards are not sufficient. Many defective products are recalled each year, and many others are never recalled, but still cause harm.

Some defective products can cause burn and fire hazards, such as space heaters, electric blankets, lithium batteries, vaping equipment, and sprays such as PAM.

Defective gym and sports equipment can cause serious physical injury due to the collapse or tipping of an exercise machine, failure of a pulley or weight locks, or poor safety equipment such as helmets, pads, and masks.