Products Liability
| Identifying and Evaluating Injury Claims Involving Drugs or Medical Devices |
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| Drug product liability lawsuits are usually based on the drug company's failure to warn of known (or likely) dangers in using a prescription drug or medical device. The first element that must be shown in a drug product liability lawsuit is causation. Did the drug or medical device cause the injury? The second question presented is whether the drug company provided adequate warnings about its product.
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| Pharmacists' Liability for Negligently Refilling a Prescription |
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| A pharmacist is responsible for storing, preparing, and dispensing prescription drugs properly. If the dispensing pharmacist fails to perform any of these duties, he/she could be held liable for any drug-related injury to a patient. This article discusses a pharmacist's liability for negligently refilling a prescription.
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| Nurses' Liability in Administering Prescription Drugs |
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| Drugs can be very harmful if misused. Only a licensed practitioner (physician, osteopath, nurse practitioner, or other licensed healthcare provider) can order prescription medication. Licensed nurses are permitted to administer medication to patients under medical supervision. A nurse cannot give medication to a patient without a physician's order. This article discusses a nurse's responsibility and liability in administering prescription drugs. More... |
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| Impact of Product Recalls |
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| A product recall occurs when the manufacturer or a regulatory agency removes a product from the market or asks the public to return the product for corrective measures. Most product recalls relate to safety issues. A voluntary recall occurs when the manufacturer asks consumers to return the product or bring it in for repairs. A mandatory recall is a recall ordered by a regulatory agency pursuant to a law or regulation.
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| Product Liability Law and the Reasonable Design Alternative Test |
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| In many product liability cases, the plaintiff alleges that a design defect was responsible for the injuries incurred. For example, in a product liability case alleging that a car's gas tank exploded in rear-end collisions, the plaintiff would allege that the car was defectively designed. In these types of cases, some courts have established a "reasonable design alternative" test. Under this test, a product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor and the omission of the alternative design renders the product not reasonably safe.
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