Medical products liability involves claims against manufacturers of medical equipment, medical devices and pharmaceutical drug products, and both prescription and over-the-counter medications. Examples include surgical implants, including joint replacements and surgical meshes, medication infusion pumps, diagnostic equipment, portable defibrillators and radiation equipment. Examples of pharmaceutical product liability claims include drug contamination, dangerous side effects and drugs sold with inadequate warnings and/or instructions.
Many commonly-known medical products have been the subject of products liability litigation in recent years. Often due to the high volume of claims against a manufacturer, these cases may be consolidated into a single Multidistrict Litigation ("MDL"). Currently pending MDL's include the following:
- Kugel Mesh Hernia Patch Products Liability Litigation – MDL-1842
- Chantix (Varenicline) Products Liability Litigation – MDL-2092
- Prempro Products Liability Litigation – MDL-1507
- Seroquel Products Liability Litigation – MDL-1769
- Accutane (Isotretinoin) Products Liability Litigation – MDL-1626
- Denture Cream Products Liability Litigation – MDL-2051
- “Factor VIII or IX Concentrate Blood Products” Products Liability Litigation – MDL-986
- Watson Fentanyl Patch Products Liability Litigation – MDL-2372
- Propulsid Products Liability Litigation – MDL-1355
- Celexa and Lexapro Products Liability Litigation – MDL-1736
- NuvaRing Products Liability Litigation – MDL-1964
- Propecia (Finasteride) Products Liability Litigation – MDL-2331
- Fosamax Products Liability Litigation – MDL-1789
- Heparin Products Liability Litigation – MDL-1953
- Ortho Evra Products Liability Litigation – MDL-1742
- Zoloft (Sertaline Hydrochloride) Products Liability Litigation – MDL-2342
See the Judicial Panel on Multidistrict Litigation website for complete list of pending MDL cases - https://www.jpml.uscourts.gov/pending-mdls-0
In addition to the legal issues involving MDL’s, medical product liability cases involve other complex legal issues. For instance, many medical product manufacturers are protected by federal preemption. The Federal Drug Administration ("FDA") has promulgated rules requiring new medical devices receive "pre-market approval" prior to being sold. The United States Supreme Court has ruled that manufacturers of new products that go through the pre-market approval process are immune from suit. In other words, the federal law requiring pre-market approval for new medical devices preempts state law allowing a products liability claim. However, many medical devices enter the market through a grandfathering provision in those FDA rules (rather than the pre-market approval process), and the manufacturers of those products are not protected from suit.
Medical product liability cases always require only specialized expert witnesses. These are witnesses with scientific expertise in the design, manufacturing and use of the medical product at issue. This has become a highly-technical, highly-specialized field. We are working with a number of these expert witnesses on cases that are currently pending.
If you believe you, a loved one, or a friend has been injured due to a defective medical product, please contact us. We will conduct a thorough investigation to determine if you should pursue your claim. Let us put our experience to work for you.