Product Liability

Product Liability Attorneys in Maryland

When a consumer purchases a product, there is an expectation of safety and utility. In other words, we expect the things we buy to do what they say they will do. Unfortunately, when that is not the case, the results can be tragic.

A defective product is defined as one that is either designed with defects or that was manufactured improperly. In either case, a defective product can cause injury to consumers, including infants and children.  The products liability claim can place blame for the defect on the product designer, manufacturer, supplier and/or retailer, depending on the circumstances. Each of these individual parties could potentially be held liable for a consumer’s injuries.

Shulman Rogers has an impressive track record representing consumers harmed by defective products, both at home and in the workplace. We consistently help clients recover costs relating to medical care (present and future), lost wages, pain and suffering and emotional anguish.

We advocate for victims in cases involving:

Breast Implants

Breast implants are medical devices, implanted under breast tissue or under the chest muscle, used for breast reconstruction or augmentation.

While complications can occur with any breast implant, there have been recent reports about those containing silicone, suggesting a relationship between Allergan BIOCELL textured implants and breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), a rare cancer of the immune system.

If you or a loved one may have developed BIA-ALCL as a result of breast implants, our team can advocate on your behalf and help you recover your losses.

 

Medical Device Failure

While certain health conditions can be improved by or treated with the use of complex medical devices, many patients have been injured by defects in these products.  Products defects include manufacturing defects, design defects or errors in marketing a device. These claims often have arisen from products such as hip implants, transvaginal mesh and other contraceptive devices, and products designed to prevent heart attacks, such as stents and defibrillators.

If you or a loved one may have been harmed as a result of using a defective medical device, our team can advocate on your behalf and help you recover your losses.

 

E-Cigarettes

On the market since 2007, E-Cigarettes are often touted as safer than regular cigarettes. However, they have never been properly vetted by the FDA and recent reports show that they have been known to cause lung disease, and in some cases, have been known to explode during use.

E-Cigarettes, or “vapes,” consist of a cartridge filled with nicotine solution and a small battery. The solution is heated into a vapor which the user inhales and exhales like smoke. The nicotine that is used in e-cigarettes is the same nicotine in regular cigarettes and nicotine patches. But, the solution used in E-Cigarettes contains neurotoxins, which are alleged to be poisonous when ingested or when inhaled or absorbed through the skin or eyes.

There have been recent news reports linking E-Cigarettes to a variety of lung diseases and deaths, and class action lawsuits have been filed against manufacturers, alleging manufacturing, design and warning defects.

The strongest class-action lawsuit in this area comes out of Sarasota, Florida, where a teenager claims she became addicted to JUUL’s e-cigarettes after she began smoking them at age 14. The suit contends that since JUUL signed a financial agreement with Altria (a tobacco company) in December 2018, it falls under the 2006 RICO rulings that came down against Big Tobacco. Therefore, the suit argues that JUUL should be held to the same standards as tobacco companies, including the expectation that they disclose the health risks associated with their product to consumers. This suit claims they did not, and thus violated RICO.

This suit alleges JUUL intentionally made its product attractive to children, designed it to be addictive, advertised it incorrectly and illegally, and is now making fraudulent profits from these actions. They say that JUUL frequently hid safety information from consumers about how powerful the nicotine salt is that it uses and how addictive its product is.

If you or a loved one may have been harmed as a result of using an E-Cigarette, our team can advocate on your behalf and help you recover your losses.

Related Articles

• What is Juuling? Everything to know about the popular vaping trend
• FDA blasts Juul for illegally marketing e-cigarettes as less harmful than regular cigarettes

 

Hernia Mesh

Patients have reported problems with hernia mesh surgeries, leading to product liability class action lawsuits against hernia mesh manufacturers.

If you or a loved one may have been harmed as a result of defective hernia mesh, our team can advocate on your behalf and help you recover your losses.

 

Pharmaceuticals

Despite the years of research, studies and trials required for FDA approval, many new drugs are released to the public before their risks are made evident. Sometimes, it is determined that the health risks posed by a certain medication outweigh its potential benefits, and the FDA deems it to be dangerous and subject to close monitoring.  In some cases, the FDA recalls these drugs.

If you or a loved one may have been harmed as a result of using a dangerous pharmaceutical, our team can advocate on your behalf and help you recover your losses.

 

Roundup

The World Health Organization has issued guidance that connects Roundup, one of the most commonly used herbicides or weed killers, to non-Hodgkin’s lymphoma, B-cell lymphoma and T-cell lymphoma. There have been many allegations filed against the weed killer’s manufacturer, Monsanto Co., for damages arising out of health problems. Specifically, there are allegations that studies have linked glyphosate, the active ingredient in Roundup, to lymphoma. Many of these plaintiffs are agricultural workers who used the product on a regular basis.

If you or a loved one may have been harmed as a result of exposure to Roundup, our team can advocate on your behalf and help you recover your losses.

 

3M Earplugs

Recent lawsuits have revealed that 3M knew that its dual-ended earplugs were defective and would not protect service members from hearing damage or tinnitus.

If you or a loved one may have been harmed as a result of using 3M earplugs, our team can advocate on your behalf and help you recover your losses.

 

For more information about product safety, please visit the U.S. Consumer Product Safety Commission.