Category: dangerous and defective products

Advances in medical treatments allow patients to access innovative surgical procedures to repair common health issues, such as hernias. According to the U.S. Food & Drug Administration, surgical hernia mesh is a common treatment for this condition.

While many patients undergo a successful procedure, others experience major complications afterward. This guide explains the hazards related to surgical mesh products and what you can about them.

What is a hernia?

Weakness in muscles and other bodily tissues can allow internal organs, fat, or intestines to push through, which results in a hernia. They most often occur in the abdomen, but they can also appear in the groin, around the navel, in the upper thigh, and in many other areas. Risk factors include heavy lifting, gastrointestinal issues that cause constipation or diarrhea, frequent bouts of coughing, and overexertion.

How do surgical meshes work?

Surgical meshes are sheets of synthetic or organic materials used to fortify weaknesses in bodily tissues. Some forms of mesh get absorbed by the body, which provides time for the weakened tissues to heal. Others serve as a permanent fix for hernias.

What complications do hernia meshes cause?

There are a number of possible complications associated with hernia meshes, including:

• Intestinal obstruction
• Infection
• Pain and discomfort
• Scar tissue
• Bleeding
• Fluid build-up
• Perforation of organs or other tissues

Mesh can also migrate to another location, or it may contract and become ineffective. In other cases, the hernia might recur even with the mesh in place.

Recalled surgical meshes are the most common cause of the above complications. However, it is difficult for patients to determine whether they have a recalled mesh product inside them. If you have concerns, contact your physician to investigate the issue further.

Defective product claims will fall into three categories. One of those is the failure to warn.

According to FindLaw, failure to warn is when the manufacturer does not include proper instructions on the potential dangers of a product.

The exception

Not including a warning for an injury you sustain is not enough to bring this type of claim against a manufacturer. You will have to prove that the maker of the product knew of the potential and was negligent in not providing a warning.

This helps to protect against claims for products not used properly or for unexpected situations that occur from using a product. If the manufacturer had no way to know such an incident could occur, it is not liable under this claim.

In addition, the manufacturer does not have to provide warnings for potential hazards that are obvious. For example, if the product is matches, it is clear they are a fire hazard. You could not bring a case against a match manufacturer if you caught your house on fire when using the match because you should have known of the fire risk.

Additional information

The manufacturer does have some level of liability to properly test products to discover possible hazards. If in your case, the manufacturer failed to carry out all required testing, then this could give you the chance to make your claim.

You should note that failure to warning rules apply differently to prescription drugs. All defective product laws apply differently to this category of products.

When making a failure to warn claim, you have the burden of proof and need to show negligence on the part of the manufacturer.

Routine products around the home can pose serious risks to consumers. There was a  recent recall of almost 200,000 Hampton Bay Mara ceiling fans following reports of injuries caused by blades that detached during their use. In addition to fans being recalled as dangerous and defective products, these devices pose risks even without defects.

Recall

These fans were sold for indoor and outdoor use at Home Depot in store and online. The recall governs devices sold in April and Oct. 2020 which are equipped with a remote control and a color-changing LED light. The fans are black, matte black, matte white and polished nickel.

There were 47 reports that the blades came off the body while the fan was in motion. In two of those cases, the blades hit someone. There was property damage in four other reports. Almost all the 200,000 fans were sold in this country while 9,000 were also sold in Canada.

The fan is defective because the fan flywheel and the locking clip for the blade allows the blade to become detached. Anyone who bought this fan should watch for movement in the blades when the fan is turned off. Consumers also need to look for uneven gaps between the blades and body or clip movement.

Dangers and risks

Even without defects, ceiling fans can pose risks. Doing it yourself installation may lead to injuries if it was done incorrectly or without insufficient knowledge. Faulty ceiling fans should be left off until there is a replacement correctly installed.

Because of its weight, a fan can drop on someone if it is installed incorrectly. When it is turned on, the fan’s rotational pull adds even more weight.

If the circuits are overloaded, electrical problems can cause injuries and damage. This is more likely in an older home which is less likely to be equipped for an increased electrical load. A ceiling fan can cause a fire in the bedroom, for example, and spread out of control before anyone is aware of it.

A person may suffer a blow in the head or elsewhere if ceiling fan blades detach. This can be more harmful when the fan is in use because there is a stronger impact when turning blades hit an object. Injuries caused by a blade may include a concussion, a fracture, or a broken bone.

An attorney can help gather evidence of products defects or dangers if you are from using it. They can help file a lawsuit for compensation and damages.

Dangerous and defective progress can cause serious harm and damages to families and victims. Recently, a number of chests, cabinets and dressers were recalled due to the tip-over hazard they present. Approximately 780 units were sold and are impacted by the recall of the dangerous or defective product. Known purchasers of the products are being contacted for a refund. Impacted consumers are encouraged to immediately discontinue use of the chests, cabinets and dressers.

Legal protections for victims of dangerous or defective products

One of the most common types of defective products dangers includes tip-over hazards from furniture. This can be particularly dangerous of children. When victims suffer harm from a dangerous or defective product, including dangerous or defective furniture items, legal remedies may be available to help them.

A variety of parties in the chain of distribution of dangerous or defective products may be liable for the harm suffered by victims. This can include manufacturers, wholesalers, distributors, those assembling the product and retailers of the product. In order to better protect consumers, all these parties can be liable for dangerous or defective products.

Personal injury legal protections can hold those parties accountable and help injured victims with their physical, financial and emotional damages including medical expenses, lost wages and pain and suffering damages. The legal process seeks to protect the public and consumers from the dangers of everyday products which is why it is helpful for those harmed by a dangerous or defective product to be familiar with the legal protections available to them.

Some advertisements appear too good to be true and the advertised products may also be unsafe. The U.S. Food and Drug Administration issued a warning earlier this month that almost 50 male enhancement or weight loss products may pose a significant health risk. These potentially dangerous and defective products can cause serious side effects and interact with medications or dietary supplements.

Continued sales

The FDA continues to find potentially dangerous products available for purchase from online marketplaces and retail stores despite its consumer warnings made for similar products over the past decade. Online retail sites included Amazon and eBay.

The FDA purchased 26 products from Amazon and 20 of 25 products from eBay that contained undeclared pharmaceutical ingredients. Undeclared active ingredients uncovered by the FDA’s testing laboratory included sildenafil, tadalafil, vardenafil, sibutramine, desmethylsibutramine, phenolphthalein and fluoxetine.  Some of these are active ingredients for FDA-approved prescription drugs which can only be used under a licensed health professional’s supervision.

The FDA purchased many products from Amazon and eBay with names that are identical or like tainted products that were in earlier FDA consumer warnings. Some of the Amazon products were offered under the designation Amazon Choice or #1 Best Seller, according to the FDA.

Federal law prohibits products with undeclared drug ingredients. Typically, these products are unapproved new drugs or adulterated dietary supplements. These are considered misbranded by the FDA because their ingredients are not accurately reflected on the products’ labels.

Prevention

Consumers may use the FDA’s tainted products database which identifies 1,000 potentially unsafe products. Unfortunately, however, the FDA is unable to test and identify all products with potentially harmful and hidden ingredients.

Consumers should be cautious about using certain products even if they are not included in the FDA’s database. These products are advertised for sexual enhancement, weight loss. bodybuilding, sleep aids or pain relief. Products that offer immediate or fast results and that make claims that appear too good to be true are suspicious.

Consumers should speak to a health professional before using any over the counter product advertised for sexual enhancement, weight loss, bodybuilding or marked as a dietary supplement for pain relief. These products may interact with medications and dietary supplements.

Consumers, in addition to consulting with their health providers, should seek information from other reliable sources besides the product’s seller. Consumers and health care practitioners may report any unfavorable effects to the FDA’s MedWatch Adverse Event Reporting program.

An attorney can research products and determine they are unsafe and the manufacturer’s liability. With legal representation, an injured consumer can seek compensation and damages.

Many parts of Tennessee, including the Knoxville area, have lots of lakes, rivers and other waterways where people can canoe, kayak or otherwise enjoy the water. This is especially true in the warmer summer months.

Unfortunately, with summer boating also comes serious boating accidents. Thus far this year, 5 people have drowned while canoeing or kayaking on Tennessee’s waterways. Interestingly, none of these accidents involved particularly treacherous rapids; they were rivers that, at least on paper, people of all ages could enjoy.

In 2019, Tennessee reported 107 boating accidents, 9 of which involved at least one fatality. Of all boating accidents across the country, about 1 in 6 involve canoeing or kayaking.

Experts who are aware of the trend attributed it to boaters not wearing lifejackets. They also said that many of these accidents happened because those involved lacked training and experience. They pointed out that sometimes boaters think that they do not need training to navigate lakes and gentle rivers.

However, victims of boating accidents and their families should not be too quick to blame themselves or chalk up their loss to an unfortunate tragedy. They should instead carefully investigate what caused their accident.

In some cases, some defect in the boat or canoe itself could have contributed to the accident. In other cases, another boater, an outfitter or someone else may be responsible for the tragedy.

Victims of boating accidents may have the ability to pursue compensation for their injuries on a number of legal theories. This compensation can help families with expensive items like medical bills and other expenses, and it can also replace lost income.

Vaping is often touted as a safer alternative to smoking cigarettes, but that does not mean it is completely without risk. Vape products, such as e-cigarettes, are known to cause health issues, including injuries caused by defective product components. Here are a few things to keep in mind if you or someone you love currently uses vape products and are concerned about safety risks. 

Problems with defective vapes 

Mechanical failures and overheating can lead to the e-cigarette battery exploding, which may cause a wide range of injuries. In one case, a 17-year old in Nevada suffered from burns and a broken jaw as a result of an exploding e-cigarette. The force of the explosion was enough to fracture jawbones and knock out several teeth, which resulted in the need for numerous procedures and surgeries to correct the injuries. 

This is just one of many injuries occurring to e-cigarette users over the course of several years. And while many injuries are relatively minor, an exploding e-cigarette can lead to hospitalization. It is expected that injury rates will rise as vaping becomes more prevalent with each passing year. 

Health problems linked to vaping  

You may be able to avoid injuries caused by defective vaping products, but there are other health issues to be aware of as well. Certain vaping products, such as those including THC liquids, are associated with a greater risk of lung injury. In rare cases, these lung injuries have been severe enough to cause loss of life. 

Additionally, the chemicals in vaping liquids are not widely known. Some may cause serious lung problems after prolonged exposure, including asthma and lung disease. For those who use traditional tobacco products and vape also have a greater risk of developing heart disease. 

Grocers and retailers have a responsibility to keep their shoppers safe, but all too often consumers may be unaware of the risk and use recalled food products. According to the Centers for Disease Control and Prevention, 48 million people throughout the U.S. suffer from illnesses resulting from contaminated food products each year. Foodborne illnesses may result in serious health issues and, in some cases, death.

USAToday.com reports that recently, 167 people contracted E. coli after eating contaminated romaine lettuce from California, prompting a recall of the popular salad green. In recent years, there has been a significant uptick in food recalls. Product recalls involving meat and poultry increased by 85% between 2013 and 2019. When customers know about the danger, they may throw the food out and avoid getting sick; however, the message about recalls do not always make it to shoppers.

Removing recalled products from the shelves may stop further purchases, but it does nothing to protect those who have already purchased the products and have them in their homes. Posting signs in conspicuous locations and sending out notifications using loyalty programs or shopper purchase histories would allow retailers and grocers to easily notify customers about recalls. However, the results from a recent study show stores woefully fail to educate consumers about recalls and how they can get notifications. Graded on their efforts to warn shoppers about food recalls, 84% of 26 of the country’s largest supermarkets received failing grades.

People who suffer foodborne illnesses as a result of purchasing recalled products at a grocery store may benefit from talking to an attorney. A legal representative may provide insight into their options for pursuing financial compensation or the other types of help they have access to.

One of the products you hope will never cause you more harm than it does help is a medication prescribed by a doctor. Despite careful monitoring and precise development, there are times when medications are dangerous to consumers.

Drug recalls are used to bring medications that have been sold back into pharmacies and hospitals so that they can be taken back to manufacturers and disposed of properly. As of April 1, 2019, some drug recalls that are current include Legacy, losartan potassium USP, which had impurities, Hospira, a sodium bicarbonate injection USP that was found to have particulate matter in the dosages and Dr. Reddy’s Laboratories infusion bags with sodium chloride, since they were mislabeled.

In each of these cases, patients may or may not have life-threatening side effects from the use of these products. The more important thing to note is that they have been recalled and should not be used by patients or their providers under any conditions.

Each drug recall falls under one of three classes. Class I could cause death or serious health problems while Class II and III are less serious. The public is generally notified of these recalls through the Food and Drug Administration (FDA) at FDA.gov or through the news. Public notifications are not as common as you may think, but when they are made, it’s because there is a high potential for many people to be impacted by the defects.

If a drug defect causes you or a loved one injuries or results in a death, know that you can report it and seek compensation.

When a product is defective, it means that it is imperfect in some way. Perhaps the connection to the battery is poor, so it won’t start up. Maybe the medication you ordered was contaminated.

In most cases, a product will be considered defective if it could cause harm to the user who purchases it. For instance, the child trying to use the toy with a defective battery could end up with burns from battery leakage or if a fire starts due to a malfunction, and a person who takes a contaminated medication could end up with another serious illness.

There are three kinds of product defects. These include:

• Manufacturing defects
• Marketing defects
• Design defects

Each one of these has its own risks. For example, a marketing defect may mean that there were inadequate warnings on the box. Design defects mean the device may be dangerous to the user due to a poor design. Manufacturing defects are defects created during the manufacturing process.

With any defect, the risk is that someone will get hurt as a result of mistakes that were made along the process from the creation of the product until the final piece hit the market. The good news is that those who are hurt can seek out reparations for those damages.

If you’re hurt, the manufacturer, marketing team, designer or others could be liable for the injuries you’ve suffered. Our site has more on what to do if you’re a victim of a faulty device or product that has exploded or caused cuts, broken bones or other serious injuries.