Product Liability for Dangerous and Defective Products
When a person experiences sickness caused by a drug's unknown side effect, or is seriously hurt by a dangerous or defective product, he or she may be able to recover the costs of his or her injuries through a products liability lawsuit.
Products liability law protects consumers from products that were defectively designed or did not meet safety standards. While Wisconsin's products liability law has recently undergone some changes, the law still works as a way to protect injured consumers.
Wisconsin's product liability law is governed by Wis. Stat. § 895.047, and in order to pursue a products liability case, a violation in the design or manufacturing of the product must be proven.
When the FDA approves a drug, drug companies are required to provide a certain amount of evidence showing that the drug is safe for consumption. Additionally, if a drug causes dangerous side effects, those side effects must be fully disclosed and included on the drug's label.
An individual who used the product Accutane in the 1980s may have believed it to be an effective drug for treating acne. However, Accutane also caused birth defects (such as cleft lips and missing ears), miscarriages, and gastrointestinal problems (such as Crohns disease and ulcerative colitis). Studies found that Accutane was also linked to depression and suicidal behavior. More than 7,000 lawsuits were filed against Accutane's manufacturer, Roche. Many of these serious side effects were not disclosed on the product's label. Accutane was introduced into the market in 1982, yet the more serious side effects were not made known to healthcare professionals until almost 10 years later.
More than Drugs and Devices
Products liability cases go beyond the drugs and medical devices seen on television. Cases can involve injury by industrial machinery, household appliances, power tools, cars, and children's toys. Often, these injuries are caused by negligently made products. However, human error does come into play and is factored into Wisconsin's existing products liability statute.
When an individual is hurt by a dangerous or defectively made product, he or she may be entitled to compensation for the following costs:
- Past and future medical costs;
- Past and future loss of income/earning potential;
- Past and future pain, suffering, and disability;
- Long-term care or rehabilitation; and
- Loss of society and companionship.
Contact an Experienced Wisconsin Products Liability Lawyer
If you or a loved one has been the victim of a defective or dangerous product, drug, or medical device in Wisconsin, please contact one of our Green Bay products liability lawyers or Appleton products liability lawyers at Herrling Clark Law Firm Ltd. We have offices located in Green Bay, Appleton New London, and Oshkosh, and are happy to provide you with an initial consultation to discuss your case. Call us today at (920) 468-7366.