Product Liability

All claims brought for personal injury, death, property damage caused by the manufacture, construction, design, formulation, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of any product fall under product liability.

Cases involving the liability of manufacturers and sellers of a product to buyers, users  and even bystanders who allege damages or injuries resulting from a defective product.

Examples of Product Liability Cases

a certified legal nurse consultant’s role in Product Liability Cases

My three decades as a registered nurse with expertise as a medical professional and specialized legal nurse consulting training to consult on medical-related cases, makes me qualified to work closely with both plaintiff and defense attorneys as the nursing and healthcare system expert on the litigation team.

My personal traits are key to the making of a confident accountable legal nurse consultant. I have an inquisitive interest infused with a desire to investigate and learn. I am a curious and analytical mind -medical records do not highlight or boldface what happened in a case. My analytical nature to inquire, investigate, and discover allow me to unearth all relative aspects to determine the merits of a case and continue throughout the complete workings of the case.

I have reviewed and analyzed thousands of medical records in every specialty for medical necessity and adherence to nursing and medical standards. I can educate you and the jury about the medical aspects of your cases. I serve as an attorney liaison, work with experts and other witnesses, assist with discovery and preparation for court.

I can bridge the gap between the medical and legal aspects of your cases. While you are the expert on legal issues, I am currently active in the field of nursing, a medical insider who can see the total picture of the healthcare system its inner workings, the real world where incidents occurred.

Product Liability in Drug and Medical Device cases

Drug manufacturers can be held accountable and liable when they develop, manufacture, and market dangerous drugs. Many drugs have side effects; however, some drugs cause serious, life-threatening conditions. Pharmaceutical companies often fail to perform adequate testing, hide adverse effects, or fail to inform physicians and patients of the potential side effects or dangers of using the drug. Some issues can arise when drugs are used for “off-label” purposes because the drug companies market the product for uses other than FDA-approved conditions. A liability claim can arise when a person is injured or dies because the company said it was safe to use the drug for a condition that was not an FDA-approved use.

Most medical devices work as they are intended and help patients recover from illnesses and injuries. However, faulty medical devices can cause severe injuries and death. Patients who have been treated with defective medical devices can suffer additional injuries, painful side effects, and permanent disability. In addition to the pain and suffering caused by defective products, patients can suffer substantial economic losses including medical bills, lost wages, and other out-of-pocket expenses.

Representing the Plaintiff as a Certified Legal Nurse Consultant

Based on negligence in medical products liability cases, the plaintiff would need to prove breach of duty in the case and that the injury suffered was the result of negligence on the part of the defendant. This would be critical to establish if I am working for the plaintiff attorney. I would also identify who may be liable for damages and name them. If working with a defense attorney, it would be important to fully explore the presence of a plaintiff’s comparative negligence in the case. If present and could be proved it may reduce or eliminate a defendant’s liability in the case.

In working with a plaintiff attorney on a non-medical product liability case, the plaintiff must prove that the product that caused injury was defective and that the defect made the product unreasonably dangerous due to at least one of the three types of defects that might cause injury and give rise to manufacturer or supplier liability: Design, Manufacturing or Marketing.

Representing the Defense as a Certified Legal Nurse Consultant

A defense in nonmedical product liability cases may be that the plaintiff has not identified the supplier of the product that allegedly caused the injury. It would be important to connect a product with the parties responsible for manufacturing or supplying it. This would be critical to establish for a defense case. It would also be imperative to ascertain if the plaintiff substantially altered the product in some way after it left the manufacturer’s control, and this alteration caused the plaintiff’s injury, or if the plaintiff misused the product in an unforeseeable way and that his/her misuse of the product caused the injuries alleged.

Establishing legal fault often requires assistance and testimony of experts. I would be able to locate testifying experts. Additionally, every state has its own laws and specific statutes that will affect product liability action. Depending on which state is involved in the suit, that information would need to be researched thoroughly.