Articles Posted in Product Recalls

If an individual suffers injuries because of a defective product, the law allows that individual or their family to bring forth product liability claims against the negligent designer, manufacturer or distributor of the item. Defective product lawsuits involving medical devices tend to be some of the most complex Florida injury lawsuits. These cases often involve the convoluted interplay between medical malpractice and defective medical device claims. Both of these claims can stem from various situations; however, they tend to occur after improper anesthesia administration, injuries occurring at a hospital, and misdiagnosis or delayed diagnosis. These and other forms of negligence can have life-long debilitating or fatal consequences for a patient and their families.

Effective healthcare relies on sophisticated medical devices that can help medical providers treat patients swiftly and safely. Medical devices can aid medical professionals in diagnosing illnesses, monitoring conditions, treating injuries, and heal diseases. While these cutting-edge tools provide an invaluable asset to both doctors and patients, they are not fool-proof and may cause serious injuries.

Injury victims and their families who wish to recover for injuries resulting from a defective medical device must present compelling factually and legally sound cases to the court. These cases often rely on expert witness testimony. Under Florida’s Daubert standard, a trial judge may qualify an expert as such if they meet specific requirements. The standard allows a qualified expert to testify if they possess the specialized skills, training, or education to assist a fact-finder in understanding a specific fact at issue. The expert’s testimony must be based on requisite facts or data, it must be the product of reliable principles and methods, and the expert must have applied the methods and principles to the facts of the case.

Honda has been fined $70 million for their failure to inform the U.S. government of injuries and warranty claims associated with defects in their vehicles. The auto manufacturer failed to report more than 1,700 injuries and deaths associated with these defects. As part of this settlement, Honda will also need to submit to stricter government oversight in the future.

By law, auto manufacturers are required to report information regarding warranty issues and injury/death reports associated with car accidents. By failing to provide this information, Honda may have impacted the NHTSA’s ability to identify vehicle defects in a timely manner.

These violations were discovered in late 2014 during the investigation into defective air bags which resulted in serious injuries to drivers and passengers across the country.

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