Products Liability

While the vast majority of the products consumers use are safe and reliable, unfortunately if a product is defective and even dangerous, it can cause injuries that can last a lifetime or result in death. Products can be dangerous from defects in manufacturing, in the design of the product itself or from a failure to provide adequate warnings about dangers inherent in the product itself. Depending on the circumstances, the manufacturer or distributor of the product can be held accountable for the defect which results in injury.

Newly developed drug can be sold commercially, only after enduring a clinical trial process through which it is tested for safety, toxicity, side effects and efficacy. The final phase of any clinical trial requires Food and Drug Administration (FDA) approval for distribution. FDA approval does not absolve a drug manufacturer of liability for defects or severe side effects that are caused as a result of using their drugs. Drug manufacturers are required to take comprehensive measures to ensure that their products are safe even after FDA approval. Failure to disclose any side effects, defects, or other such complications associated with their drugs is negligent and grounds for legal action. Although the final phase of any drug clinical trial revolves around long-term studies designed to monitor the effects of continued use of the drug, latent effects can still present themselves even after FDA approval and wide distribution and use.

The following lists some of the FDA approved drugs which have recently garnered attention resulting from harmful defects and side effects impacting a significant number of people.


A medical device is an instrument designed to aid in the diagnosis and/or treatment of health-related issues. When functioning properly, medical devices have the potential to vastly improve the lives of people suffering from chronic diseases, illness or health-related abnormalities. A defective medical device poses a serious health risk to people requiring its use. Medical device defects leave patients at serious risk of incurring a debilitating injury or even death if the issue goes undetected. In addition to potentially causing death, defective medical devices may also cause patients to experience a great deal of pain and suffering.

It is the responsibility of all manufacturers to ensure the safety and efficacy of their products prior to marketing them to the public. Failure to adequately measure possible side effects associated with the use of a given product could lead to a manufacturing defect that is capable of causing serious harm to the consumers using the product. Manufacturers can be held accountable for injuries and deaths caused as a result of defects associated with the use of their products.

The following lists some of the devices and products that have generated headlines due to harmful defects and/or side effects: