Three Elements Needed to Establish a Product Liability Claim

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According to a July 2017 report in California Healthline, DNA linked deadly germs to tainted devices used during heart surgeries to a German Factory.

Contamination at a German factory was likely the source of a global outbreak of deadly infections in heart patients. Scientists discovered the source by using whole-genome sequencing to match the DNA fingerprint samples taken from patients in several countries.

A 55-year-old Pennsylvania man was among patients infected with the germ in the United States. He appeared to recover well after his open-heart surgery in March of 2015. However, a product liability lawsuit filed on his behalf claimed that he became ill with a mysterious illness shortly thereafter. He had to be re-hospitalized because of an infection allegedly acquired via the heater-cooler unit used during his operation. He later died from the infection.

About 250,000 heart operations done in the United States each year use this same device. Approximately 60% are completed using the German heater-cooler model device approved in the U.S. in 2006.

Early reports of problems with the devices began in 2002. However, the FDA became aware of the problem in 2014. The FDA waited about a year to inform the public about the problem with the devices. Many hospitals, including the University of Iowa Hospitals and Clinics, still use the devices during their heart surgeries. They place the device in a different room connected to operating room to try to avoid patients become infected.

The outcome of the lawsuits involving the devices are not yet known.

Product Liability in San Bernardino

Every product on the market is not supposed to injure a consumer when used properly. Unfortunately, companies do not always make products safe for public use. When a product injures a consumer, it is considered a defective product. The defect can be caused by a:

  • Manufacturing flaw
  • Design defect
  • Inadequate instructions or warnings

Three Elements Needed to Establish a San Bernardino Product Liability Claim

To successfully win a product liability claim, a consumer must prove three things, called elements in legal terms. These three elements are:

  1. The product was defective. It may be obvious, but the court requires a consumer prove that there was a design or manufacturing flaw with the product. If the flaw was an inadequate warning, that must be shown, too. The consumer also has the burden of proving they used the product in the way it intended.
  2. The defect existed prior to the company, or defendant, placing the product on the market.
  3. The defect caused the consumer’s damages such as pain and suffering, medical bills, and lost wages

Contact the Attorneys of Sanford A. Kassel Law About Your San Bernardino Product Liability Claim

Products on the market are supposed to be safe to use. When they cause an injury, you have the right to sue for your damages. Contact us about your product liability claim. We are ready to fight for you.

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