Morgantown Products Liability Lawyer Advocates for Your Rights  

West Virginia firm pursues payment for people harmed by defective items

Companies that put their products on the market have a responsibility to make sure those items work as they should, especially when a defect could trigger a serious injury or illness. When a business introduces a faulty product, they are liable for the harmful consequences. In some situations, there is a large group of victims and mass tort litigation might be the optimal way to resolve the general legal issues and individual claims. At Mountaineer Injury Law Group in Morgantown and Martinsburg, my legal team handles all types of product liability claims, including mass tort actions. You can rely on me to advocate for the compensation you’re entitled to based on the specific facts in your case.

Products that have given rise to injury claims

A wide range of products that consumers, patients, workers and members of our Armed Forces relied on every day later proved to have dangerous defects, including:

• Talcum powder — Johnson & Johnson’s talcum powder was a staple of American homes for generations. However, the company’s failure to warn regarding the risk of ovarian cancer associated with the product caused widespread harm.
• Baby formula — Major manufacturers Abbott Laboratories (Similac) and Mead Johnson (Enfamil) have been sued because prematurely-born infants who were fed their baby formula were much more likely to develop a serous intestinal disorder called Necrotizing Enterocolitis (NEC).
• Earplugs — American soldiers in the Middle East were issued 3M earplugs which were ostensibly designed to prevent damage resulting from the loud, concussive noises stemming from combat. When they did not work as promised, military personnel suffered hearing loss, tinnitus and other ear problems. 
• Hernia mesh — Faulty hernia mesh implants made by CR Bard and other companies have forced patients to endure extreme pain and undergo revision surgery in order to undo the harm resulting from their original operation.
• CPAP machines — Insulation on continuous positive airway pressure (CPAP) machines built by Philips was shown to contain toxic substances, leading to recall and forcing some users to risk problems related to sleep apnea due to the machines’ danger.
• Hair straightener — Chemicals used in hair straightening products have been identified as the possible cause of uterine cancer and other serious medical conditions. Some of the companies named in lawsuits include L’Oreal and Namaste Laboratories. 
• Weed killer — While weed killer is found in millions of homes and garages, they might have exposed users to harmful chemicals. Roundup has been linked to diagnoses of Non-Hodgkin’s Lymphoma while there is a suit tying Paraquat to instances of Parkinson’s Disease.
• IVC filters — A pulmonary embolism can be deadly, and IVC filters are designed to prevent these blood clots from reaching the lungs. Following implants, however, many of these filters ruptured or moved, negating their effectiveness and potentially causing other problems.

In cases involving these items and others, my team and I provide strong legal support against powerful companies.

Establishing fault and causation in defective product cases

Proving that a manufacturer is legally responsible for your injury can be a complex task, which is why finding the right lawyer is essential. Many of these cases rely on expert testimony to show how carelessness on the defendant’s part was the proximate cause of the harm you experienced. My firm has an extensive network of subject matter experts who can get to the truth and provide the support needed to bring a successful product liability claim.

Strict liability vs. negligence in product liability claims

The pertinent legal standard in a product liability lawsuit depends on the specific claim. Many defendants in these actions are subject to strict liability, which means that the plaintiff need only prove that their injury was caused by the defective product. This might happen if a dangerous flaw in the item’s design, manufacture or labeling led to your injury. You do not have to show that the plaintiff was careless in any way to collect damages in strict liability claims. I will evaluate the circumstances of your case to see if you can bring a strict liability action or if a demonstration of negligence is required, which might occur if the product did not have an inherently hazardous defect. In a negligence action, you must show that your injury was caused by the defendant’s failure to use reasonable care to protect you from harm.

Compensation in product liability actions

Payment that West Virginia personal injury plaintiffs receive can include several different types of damages. Economic damages are designed to reimburse victims for the tangible costs associated with their injuries, such as medical bills, lost wages and rehabilitation expenses. You can also be compensated for non-economic damages, which can include the pain and suffering you experienced and the loss of enjoyment in your life resulting from the accident.

Contact a West Virginia product liability lawyer for a free consultation

Mountaineer Injury Law Group offers aggressive legal representation to West Virginia residents who have been harmed by a defective product. To schedule a free consultation in either Morgantown or Martinsburg, please call 304-202-5835 or contact me online.