Product Lawsuits

Has a product harmed you or a loved one? Are you considering a legal claim? If so, read on to learn more about your options.

Disclaimer: This page offers general information, not legal advice, and does not create an attorney‑client relationship. Some allegations mentioned are unproven in court. Information is based on public sources. Inquiries may be shared with a partner firm under a marketing arrangement.

Quick Stats About Allegedly Dangerous Products in the USA

• 909 U.S. recalls were issued in Q1 2024, the most in over five years.
• In the U.S., more than 80 million products were returned to the manufacturer in 2023.
• Each year, the FDA receives hundreds of thousands of alerts tied to medical device harm.
• Over 50,000 ER visits in 2021 were tied to nursery product injuries in kids under 5.
• Each year, 27,100 people are treated for furniture and appliance tip-over injuries.

What Qualifies as an Allegedly Dangerous or Defective Product Lawsuit?

It’s important to note that a product doesn’t need to be legally declared “defective” to have caused harm.

So, what exactly is meant by “defective product”? And what is meant by a “dangerous product”?

A defective product has a defect. A “defect,” as defined by Cornell Law School’s Legal Information Institute:

“An imperfection or insufficiency, which may be present in a product, property, process, or legal document.”

In product liability law, there are three kinds of defects:

• Design flaws

• Manufacturing errors

• Marketing defects, such as inadequate warnings

What about a “dangerous” product? Technically, a product doesn’t need to be recalled or legally declared defective to be the subject of a lawsuit.

If a product causes harm, it may support a legal claim, particularly in situations where:

• The manufacturer failed to warn about known or foreseeable risks.
• The product was unreasonably dangerous when used as intended.

It’s important to note that to pursue a product liability claim, the harm must have been caused by the defect or alleged danger. The harm cannot have happened due to unrelated factors, such as misuse, pre-existing conditions, or external accidents.

It’s also important to note that not all lawsuits alleging harm caused by products will be handled as “product liability claims.”

Common Types of Product Defects

As mentioned above, when discussing defective products, there are three general types of defects:

Design Defect – A design defect occurs when a product’s blueprint or plan makes it unsafe, regardless of how carefully it was built. These flaws affect the entire line of products, not just a single unit.

Manufacturing Defect – A manufacturing defect occurs when something goes wrong during production. In these cases, the product may have been designed safely, but an error during assembly or construction causes a particular unit (or batch) to become unsafe.

Marketing Defects – Also known as “failure to warn.” A failure-to-warn claim arises when a product does not include adequate instructions or warnings about non-obvious dangers. If the risks were known or should have been known at the time of sale, the manufacturer or seller may be held liable for failing to inform consumers.

Who Can Be Held Liable for a Product-Related Injury?

In many product injury cases, almost any company in the product’s chain of distribution could potentially face liability. For example, the manufacturer, distributor, wholesaler, and retailer.

Even designers, marketers, and assemblers may be named in a lawsuit. The issue is whether a company’s actions contributed to the product’s defect or made the product unreasonably dangerous.

There are even cases where sellers of used products could be held responsible for product-related injuries.

Who incurs the liability mostly depends on facts and the state’s laws where the case is filed.

What Compensation Can You Receive?

If eligible, victims may qualify for compensation, depending on the case. The compensation they’d receive, if awarded, depends on the nature and severity of injuries.

Disclaimer: Past results do not guarantee future outcomes. All cases are unique; if awarded, compensation depends on individual circumstances.

The purpose of compensation is to address the impact on a person’s life. For instance:

• Financial losses
• Health
• Livelihood
• Quality of life

Depending on your case and state laws, damages awarded may include the following, if applicable:

• Medical Bills and Future Care Needs
• Lost Income and Reduced Earning Potential
• Pain, Suffering, and Reduced Quality of Life
• Mental Anguish and Emotional Distress
• Loss of Companionship or Consortium
• Wrongful Death Damages
• Property Damage or Relocation Expenses
• Punitive Damages

Let’s review some real-world examples of alleged product-linked injuries.

Disclaimer: The cases mentioned below involve unrelated litigation handled by other firms. It is shared for informational purposes only. Past results do not guarantee future outcomes.

Pharmaceutical Drugs 

One category of alleged injuries that may occur due to products is pharmaceutical drugs. Here are some examples of alleged harm from pharmaceutical products.

Chemotherapy Drug Lawsuits

Some chemotherapy drugs have faced legal scrutiny. Taxotere, for instance, has been involved in lawsuits due to claims of long-term hair loss.

Some studies suggested a link between certain chemotherapy drugs and permanent alopecia in breast cancer patients.

Diabetes Drug Lawsuits

Particular diabetes and weight loss drugs like Ozempic have been linked to health conditions in studies. Many of these drugs are facing legal challenges due to these alleged health conditions. For example, a man in Maryland filed a lawsuit because he claims Ozempic made him blind and failed to warn him.

Heartburn Drug Lawsuits

FDA testing revealed NDMA contamination in specific batches of over-the-counter heartburn medication Zantac. They then requested its removal from the market. Subsequently, consumers then filed lawsuits alleging that the drug may be associated with cancer.

Suboxone & Addiction Drug Lawsuits

Suboxone is a medicine for treating opioid dependence. Recent studies show that taking Sublingual Buprenorphine-Naloxone can lead to dental problems. The FDA even issued a warning about these drugs in 2022.

Tylenol & Autism Lawsuits

Some studies have investigated how using acetaminophen (Tylenol) in pregnancy relates to autism. Some studies have suggested an association, while others have found none. In 2023, a judge found that lawsuits filed over autism lacked scientific support.

Medical Devices

Many medical devices have faced scrutiny and allegations of causing harm. Here are a few examples of allegedly dangerous products.

Joint Replacement & Implant Failures

Several hip implant products have faced allegations and recalls. An example of a recall was the DePuy ASR metal-on-metal hip replacement in 2010.

People reported other alleged issues with some metal-on-metal hip implant products. Reported issues include metallosis and implant loosening, leading to revision surgeries.

Hernia & Vaginal Mesh Complications

Surgical mesh implants have been associated with medical complications. A 2011 report from the FDA found that serious complications from transvaginal mesh or pelvic organ prolapse were not rare. Risks cited by the FDA included erosion, pain, and organ perforation. Widespread litigation followed the release of these reports. Lawsuits have also been filed in recent years for allegedly defective Hernia Mesh.

Birth Control Devices & Paragard IUD Breakage

Birth control devices have been subject to allegations in recent years. One example of this is the Paragard IUD. Individuals filed lawsuits, alleging that IUDs broke during removal, leaving fragments embedded in the uterus. They claimed the broken IUDs may result in internal injuries, infertility, and often need surgery to remove the remaining parts.

CPAP & Respiratory Devices

In 2021, Philips recalled millions of CPAP, BiPAP, and ventilator devices because the sound-dampening PE-PUR foam in the devices could allegedly break down. The alleged foam breakdowns may have released particles or harmful chemicals that users may inhale or swallow. In 2024, a court entered an agreement with Philips to fix the problem. Phillips agreed to offer replacements or refunds and to stop production until they met safety standards. Many individuals filed lawsuits over these alleged issues.

Dangerous Consumer Products 

Many consumer products have faced scrutiny and allegations of causing harm. Here are a few examples of allegedly dangerous consumer goods.

Automotive Parts & Recalls

Some recalled automotive vehicle parts have allegedly posed serious safety risks. A few notable examples include:

• Takata airbags, which could allegedly explode and cause injury.
• GM ignition switch issues linked to stalled engines and crashes

Vehicle defects have been associated with accidents, injuries, and in some cases, fatalities.

JUUL & E-Cigarette Injury Lawsuits

Vaping among the youth has caused widespread concerns about addiction and lung problems. Many teens in the United States have become addicted to nicotine through e-cigarettes. Some teens have also suffered serious lung problems. Due to this problem, the states of New York and California filed lawsuits against companies like Juul. They were accused of targeting young people with attractive flavors and marketing.

Exploding Appliances & Pressure Cookers

Some kitchen appliances have been linked to injuries. For example, Sunbeam recalled over 900,000 Crock-Pots in 2020. The products were recalled because the Crock-Pot could pressurize while the lid wasn’t fully locked. This flaw could cause the lid to detach while the product is being used, causing burn risks.

Fire Hazards from Faulty Electronics

Some electronic devices have been linked to fire risks. Often, this is due to batteries overheating. For example, in 2016, Samsung recalled around 1 million Galaxy Note 7 Smartphones due to fire and burn risks. Other products that have allegedly posed similar risks include:

• Hoverboards 
• E-cigarettes 
• Laptop models

Lawsuits about alleged dangers caused by products are generally handled in one of three ways.

• Individual lawsuits
• Class action lawsuits
• Multidistrict Litigation

What Is an MDL and How Does It Work?

Multidistrict litigation (MDL) combines similar lawsuits. This process brings them together under one federal judge for pretrial actions. The goal of creating an MDL is to streamline processes and reduce duplicate efforts and inconsistent rulings.

MDLs are not the same thing as class action lawsuits. In class action lawsuits, plaintiffs are treated like a single group. In an MDL, each plaintiff’s case is still treated as an individual claim.

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Have you or someone you love experienced harm from an allegedly dangerous product? If so, you may have legal options.

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