Recently, Johnson & Johnson was determined to be liable to a woman after she suffered serious injury as a result of using the company’s vaginal sling product. The jury returned a verdict in the woman’s favor for $3.27 million after it determined that the product was negligently designed.
According to a report by the Daily Record, the woman had a vaginal sling implanted in order to help with her incontinence. However, shortly after the sling was installed, she noticed that sex was painful, and there was considerable pain near her groin. She then had to have another surgery later that year to remove the implant.
The company faces over 30,000 other lawsuits claiming that the negligently designed vaginal implants cause injury to the female organ and tend to make sex more painful. Many of these lawsuits have been consolidated by the federal court system in order to make the process easier on the justice system. As a result, however, the plaintiffs are usually bound by the single judge’s determinations. For example, the judge recently determined that, while women may be eligible for compensatory damages, the company cannot be required to pay punitive damages for the negligently designed products.
Liability for Negligently Designed Products
Whenever a company designs a product and markets and sells it to the public, it is asserting that the product is safe for its intended use. However, as the article discussed above points out, not all products are always safe, even if used for the purpose they were designed for.
In these kinds of cases, the manufacturer of the product, as well as others in the chain of distribution, may be held liable for the negligently designed product. If they are found to be liable, the person who suffered as a result of the dangerous product can obtain financial compensation for any injuries as well as any pain and suffering that accompanied the use of the negligently designed product.
Often, proving this type of case requires the use of expert testimony to help the jury understand why the product was negligently designed. These experts may be medical experts, engineers, or other professionals who are familiar with these types of products and what makes them safe or unsafe. To learn more about product liability lawsuits, and how the designers of a dangerous product may be held financially liable, contact a dedicated product liability attorney.
Are You In Need of an Attorney?
If you have recently been injured by a dangerous product, you may be entitled to monetary compensation. However, the process can be daunting and complex. To help you understand what will be required of you, and what you will need to prove, it is recommended that you consult with a dedicated product liability attorney before filing suit. The Maryland personal injury law firm of Lebowitz & Mzhen, LLC has a team of dedicated attorneys who are extremely familiar with product liability cases and would be happy to speak with you about your case. Call 410-654-3600 today to schedule a consultation with an attorney.
More Blog Posts:
Doctor Allegedly Sexually Assaults Second Patient, Maryland Accident Law Blog, September 2, 2014.
Woman Who Lost Husband and Two Sons When Home Depot Collapsed Sues Under Negligence Theory Maryland Accident Law Blog, August 20, 2014.