defective product claim

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.

Takata Airbag Recall – What to Do If You Were Hurt

Published on: February 12, 2021 | Anthony Quackenbush, Esq.

Can you sue over an airbag recall if you were injured? Nearly 67 million airbags built by Japanese auto parts maker Takata were recalled in 2019 and 2020. This is a critically important recall, which the National Highway Traffic Safety Administration (NHTSA) has called “the largest and most complex safety recall in U.S. history.” Nineteen different automakers have used these defective airbags in multiple car models.

The problem is in the metal cartridge within the airbag, which is loaded with propellant wafers that cause the airbag to quickly inflate upon impact. High humidity, high temperatures, and age can cause the system to become unstable and the cartridge to ignite and explode upon impact, sending metal shards throughout the car. So far, this defect has caused 17 deaths and over 200 injuries in the United States alone.

The problem, according to the NHTSA, is the use of an ammonium-nitrate-based propellant without a chemical drying agent. What makes this situation particularly troubling is that there is some evidence that Takata was aware of the potential danger before going to market with these airbags.