Defective products are responsible for thousands of accidents and injuries each year in the U.S. Consumers who purchase products that are presumed to be safe sustain injuries that range from mild to severe, and even death. Defective products come from a wide variety of categories including recreational and sports equipment; electronics equipment; home maintenance and construction products; furniture and home décor; household chemicals and cleaners; children’s toys; and medical devices, supplies, and prescriptions. Injuries caused by defective products amount to millions of dollars in product liability claims every year. Injuries in Nevada require advice from Reno NV product liability attorneys who can address complex questions with legal answers.
Takeda Covers Up Cancer Risks
In a major product liability case last year, a Louisiana jury ordered Takeda, a Japanese pharmaceutical company, and Eli Lilly, an American co-pharmaceutical company, to pay over $9 billion in combined punitive damages after ruling that Takeda hid known cancer risks associated with Actos. Thousands of lawsuits were filed by injured patients who said Actos, Takeda’s well-known diabetes drug, was the direct cause of their bladder cancer. Over 9.000 bladder cases were found, and Takeda is still under federal investigation for its part in the cover up for known cancer risks of the drug.
Although Takeda agreed to settle for $2.94 billion, the company did not admit liability. They stated that the claims in the lawsuit were without merit and the benefits of Actos outweighed any possible risks. They said that they agreed to a settlement to avoid ongoing legal pressure and litigation.
Recent Nevada Medical Liability Cases
Cryochamber Death
In 2015, a 24-year old cryotherapy employee was found dead inside a cryochamber at a salon where she worked in Henderson Nevada. In cryotherapy, customers stand in a sauna-like chamber chilled to extreme sub-zero temperatures, between minus 200 and minus 250 degrees Fahrenheit for two to three minutes. Advocates of cryotherapy praise its healing effects on inflammation and sore muscles. According to an NBC news report, the woman suffocated inside one of the ice chambers.
Counterfeit Spinal Screws
Spinal Solutions LLC, based in Southern California, was recently charged with making counterfeit medical-grade titanium screws for use in spinal fusions and spinal surgeries. A company insider stated that Spinal Solutions would mix in authentic screws with knockoffs in their surgical kits. The company targeted surgeons in California, Nevada and Texas and offered incentives like cash and private jet trips to surgeons. Defective screws have resulted in hundreds of Nevada spinal injuries and claims filed by Reno NV product liability attorneys.
Nevada Liability Laws
According to Nevada product liability laws, a consumer who has been harmed by a defective product may bring numerous claims related to negligence, strict liability, and breach of warranty. To prove a case on negligence, the case must show that the defendant breached a duty of care that was owed to the plaintiff, and as a result sustained injuries. To prove a case on strict liability, evidence is needed that clearly shows that the defendant caused injury to the plaintiff by knowingly placing a defective product on the market. Under strict liability, “defective” usually means that the condition of the product is “unreasonably dangerous” to the consumer or to his property. Products can be deemed unreasonably dangerous by law due to manufacturing defects, defective product designs, and improper or unclear instructions or warnings on packaging.
According to Nevada product liability laws, a person who has been injured by a defective product can seek damages by filing a claim with Reno NV product liability attorneys in the Nevada Court system. Compensation can be awarded for damages from the manufacturer of the defective product, as well as all other entities responsible for placing the defective product on the market. Injured consumers are entitled to compensation for:
- Lost wages resulting to lost work time due to injuries
- Lost ability to perform essential functions
- Medical and rehabilitation costs
- Pain and suffering
- Possible punitive damages if neglect was intentional
Nevada residents who are injured while using a product increasingly look to Nevada courts and Reno NV product liability attorneys to address their injuries and damages. The laws related to product liability require a company to design and manufacture safe, defective-free products. In Nevada, product liability cases have become increasing complex and broad in scope due to the wide variety of categories for product liability claims. Without help and advice from knowledgeable Reno NV product liability attorneys, there are significant risks for satisfactory judgments and damage awards, especially in larger complicated cases. Product liability laws not only serve to protect injured consumers, but they also provide incentives for manufacturers and distributors to increase product safety and avoid potential liability claims.
