Product Recalls

Picture
Recalls may be mandated by the FDA or initiated voluntarily by a company.  Recalls may be issued if new data show that the product causes dangerous side effects, a safer alternative has been discovered, or consumers use the product improperly and that unauthorized use causes serious injury or death.  There are several different types of recalls:
  • Class I: there is a reasonable probably that use or exposure will cause serious health problems or death.
  • Class II: use or exposure may cause temporary or medically reversible health problems, or there is a remote risk that the drug will cause serious health problems.
  • Class III: use or exposure is not likely to cause adverse health consequences.
  • Medical device safety alert: a medical device has an unreasonable risk of causing substantial harm.
  • Market withdrawal: there is a minor problem that FDA would not normally monitor.

During recalls, consumers may be entitled to replacement of the product or credit for the product.  In the case of a defective surgical implant, consumers may also receive payment for medical costs associated with any necessary corrective surgeries.  Consumers may be asked to contact the manufacturer directly in order to receive such compensation.  During contact with the company, the company or its representatives may request extensive information from the user and/or request the user to sign a waiver or release of liability.  In such cases, the user may choose to consult an attorney first.  If serious injuries were sustained, the consumer may wish to seek damages in court.  

Picture

MedWarn's Recall Round-Up
March-April 2014

Read More About:


If you have any questions about any potential claims your family may have or are interested in finding out about the existence of litigation pending for a particular drug, medical device, or other product, contact us and we will connect you with a qualified professional.  
If you have experienced adverse events or side effects from a defective drug, blood product, biologic or medical device find help here.
Statutes of Limitations limit the time period that plaintiffs have to file a legal claim.  These time limits vary from state to state, but generally range from 2-6 years.  In product liability cases, the statute of limitations usually begins when the injury occurs, but in some cases may not start until the affected person discovers, or should have discovered, that the product caused their injury.