Product Liability

Even when products are well-designed and constructed, they can still lack proper use instructions or clear safety warnings. Defective design or manufacturing can cause products to malfunction and injure thousands of people each year.

If you’ve been hurt by a product that should have been safe, you may have a case against the designer, manufacturer or retail store where it was purchased. Gold, Khourey & Turak will prove the defect so you can get the compensation you deserve.

If you think you have a case, contact us as soon as possible so we can help. It’s easy, it’s free and it’s worth it. Call us at 1-800-388-2529 or fill out this form for your FREE Consultation.

Here are some examples of product liability cases we handle:

  • Manufacturing Defects
  • Product Recalls
  • Defective Appliances
  • Dangerous Children’s Products
  • Faulty Tools
  • Motor Vehicle Defects
  • Contaminated Food
  • Medication Recalls
  • Dangerous Medical Devices
  • Missing/Inadequate Warning Labels


IVC Filter Lawsuits

IVC FAILURE Rate As High As 40%*

(*The Western Journal of Emergency Medicine says that 40% of all IVC filters will fracture within 5.5 years of being implanted.)

What are IVC Filters?

IVC (Inferior Vena Cava) filters are small, cage-like devices with metal, “spider” legs, which are implanted in patients at risk of a pulmonary embolism (PE) who are not candidates for blood-thinning drug therapy. These devices are installed near the heart to capture blood clots. While the filter’s design was meant to stop a PE—a blood clot to the lungs—these IVC filters may bring their own serious, even deadly, side effects.

Dangerous Side Effects Linked to IVC Filters

As of 2015, the United States Food and Drug Administration (FDA) has received more than 900 adverse event reports related to the filters. Patients who received these filters may be at risk for potentially fatal defects that result in fragmentation of the device, causing harmful metal to be carried through the bloodstream. Serious injuries and death have been reported due to pieces of the filter breaking and causing internal damage. IVC filters have resulted in the following complications:

  • Device Migration
  • Device Fracture
  • Device Perforation
  • Tilting of the Device
  • Inability to Retrieve the Device

Lawsuit – Manufacturer Was Aware of the Dangers

It is documented that C.R. Bard, the manufacturer of the device, knew of the risks associated with the IVC filters but failed to warn doctors and patients of the risks. C. R. Bard received complaints associated with malfunctions of the IVC retrievable filters as far back as 2004. These complaints alleged the legs or struts of the IVC filters were prone to breakage and, once broken, could travel to other body parts, leading to serious injuries and death. Lawsuits allege that C. R. Bard was fully aware of the safety risks associated with their IVC retrievable filters, yet continued to manufacture and sell the devices.

Getting the Help You Need

If C.R. Bard, the manufacturer of the IVC filters which caused injury and harm to a number of consumers, was aware of the problems associated with the filters, yet failed to disclose those risks to the FDA, the company may be liable for failure to warn. If you or a loved one suffered complications as a result of a Bard IVC retrievable filter, you may be able to seek compensation.

If you would like to speak with one of our attorneys about your rights and legal options, contact our office right away by calling us at 304-845-9750 or toll-free at 800-388-2529 or by completing our online form. We will discuss your situation with you at no cost, and there is no obligation when you call.

It is in your best interest to act quickly. There is a time limit for filing injury claims known as the Statute of Limitations. If your claim is not filed before the Statute of Limitations expires, you will not be able to file a claim.

Product Liability FAQs

What is a “product liability” claim?

A product liability claim allows you to seek compensation for physical injuries and property damages that result from defective and unreasonably dangerous products. You can also seek compensation if the designer, manufacturer, and/or seller failed to warn consumers about the possible dangers of using the product.

When is a product considered to be defective?

A product that doesn’t provide a reasonable level of safety could be considered defective. Remember that older, more frequently used products aren’t necessarily expected to be as safe as newer products. Also, just because the safety of a newer model has been improved doesn’t mean the older product is defective. The court will consider factors such as: what a reasonable person should expect to do with the product; whether it’s packaged appropriately and safely; if the instructions or warnings were adequate; and how long it’s been on the market.

What does “defective design” mean?

Defective design describes a product blueprint that is unreasonably dangerous to consumers. Factors considered in determining a “defective design” are: the design being unreasonably dangerous to consumers prior to production; any plausible anticipation of harm to consumers; and a hypothetical, economically feasible, practical alternative design that would be safer than the original design.

Who is responsible when a product causes an injury?

If you used a product correctly yet were injured through no fault of your own, the manufacturer or seller may be held liable. You do not need to be the owner of the defective product to file a claim. (For example: a defect in a car owned by another driver that caused an accident you were injured in.)

What is the basis for “failure to warn” claims?

When a manufacturer fails to provide directions for the safe use of a product and/or warn consumers about the dangers of misusing it, a claim could be filed. For example, a manufacturer that sells a prescription drug without a warning that it may have side effects on people with certain conditions could be sued for failure to warn.

What kinds of claims can be filed for product liability?

A “negligence claim” requires a breach of duty by the manufacturer for failing to warn consumers against dangers that could occur from using the product. A “breach of warranty claim” states that the product has typically performed below the expected level represented to consumers. A “strict liability claim” states that manufacturers are legally responsible for injuries caused by their products, even if they weren’t negligent.

What type of damages or compensation can I recover?

You should be compensated for all injuries and losses that result from a defective product. Non-economic damages include compensation for pain, suffering, mental anguish, physical impairment, physical disability and inconvenience. Economic damages include compensation by payment for items like medical care, hospitalization, and loss of income or earning capacity. Experts most often testify in order to prove past earnings, determine future needs, and decipher other considerations to help generate a specific dollar amount.

What if I used the product in a way that wasn’t intended by the manufacturer?

Manufacturers are required to anticipate the possible uses of their products and could be responsible for foreseeable misuse if they haven’t warned consumers of the dangers associated with potential misuses, like altering the product. It must be determined that the way in which you used the product was a foreseeable misuse. If not, your claim could be affected.

If I was injured by a product that was recalled, do I still have a case?

When defective products are recalled, manufacturers or sellers are required to notify the public. Typically, consumers are advised to return the products for full refunds or replacements. However, a product recall does not absolve all liability of the designer, manufacturer, and/or seller. By law, only products that are intended safe by the user are to be designed, created and sold. If by chance you weren’t aware that a product was recalled and you were injured, you may still have a case

Will my insurance premiums increase if I make an uninsured or underinsured claim under my own policy?

In most cases, your premiums will not increase. When you make a claim, it’s because the accident was the other person’s fault. Keep in mind that you’ve bought this coverage so it will be there when you need it.

If I file a personal injury claim, will the person who caused the accident have to pay me anything or spend time in jail?

A personal injury claim is a civil case, not a criminal case. So the person who caused the accident won’t go to jail or be fined because of your claim. In addition, most personal injury damages are paid by insurance and defended by lawyers who work for the insurance company.