Grossman 7/10/20 – Product Liability – gtg

Has Your Child Been Injured Due to a Defective or Faulty Crib?

We all believe that our children are the most important things in our lives. Consequently, we all would like to believe that any products marketed for use by our children would be made with that same overriding concern for their safety.

The reality, however, is quite different; defective cribs, for example, come on the market more often then we would like to imagine and have the capacity to seriously harm or even fatally injure our children.

Contact the empathetic attorneys at our Law Office if your child has been injured or killed as a result of a defective crib, for you well may be eligible to file a product liability lawsuit. After all, you deserve compensation for the damages done to you and your family. Plus, you deserve to see justice done to those negligent parties who were responsible!

Product Liability Lawsuits
Depending on the details of the situation, product liability cases may take on many different forms. A manufacturer may be held accountable in the case of a defective baby crib that consequently causes injuries or fatalities. In this case, you may file a lawsuit requesting a fair settlement because of the manufacturer’s negligence.

You may still be able to hold the manufacturer responsible even if the crib was designed properly and a child was injured in that crib. Manufacturers are responsible for their products and any injuries sustained from them under the statutes of strict liability. The manufacturer in this case would bear responsibility for the product as the producer although not because of any unintentional negligence.

The Stockcraft Baby Crib Incident
A report recently released from the United States Consumer Product Safety Commission stated that more than 2 million Storkcraft baby cribs were unsafe and had to be recalled. The culprit in this case was the hardware that held the crib together; it proved to be defective, thus allowing the crib sides to come off. Over the 16 years that these cribs were jeopardizing children’s lives there were at least over 100 reported injuries throughout America.

This is not an isolated incident. The Stockcraft baby crib recall is but one example of the dangers that exist because of a defective product that can injure our children.

Our Law Offices Can Help
You will need an experienced attorney on your team if you are going up against a large national or multinational manufacturer. Our attorneys are ready to take on the army of lawyers that these huge manufacturers will field in order to avoid paying out a settlement. We can not only help you seek full and fair compensation for your pain and suffering but also for medical bills and other damages that you suffered as a result of your child’s injuries. We will fight for the justice that you and your child deserve!

If your child has been injured because of a defective crib or if you have lost a child because of a crib defect accident, please do contact the attorneys at our Law Office today. We are pleased to offer a free consultation and we are available 24 hours a day. Our attorneys look forward to discussing your specific case with you and to answering all of your questions.

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If you’ve suffered moderate to severe injuries while using a defective product or as a result of someone else using a defective product, our experienced defective products liability injury attorneys may be able to help you recover the compensation for your injuries you truly deserve.

Through over more than 20 years of experience, we’ve observed that many of our clients wish they had at least a working understanding of Texas’ products liability laws before contacting our firm. With that in mind, we’ve developed this introductory article and subsequent sister articles describing the following areas of Texas’ products liability laws:

Possible defendants in products liability lawsuits;
Defectively designed products
Defectively manufactured products
Products featuring defective warnings
Car accidents caused by defective products.

Possible Defendants in Products Liability Lawsuits
Injury victims should be glad to know that Texas law allows them the opportunity to hold all members of a supply chain who assisted in bringing a dangerously defective product to market for their injuries. A selection of common defendants in injury lawsuits premised on defective products include:

Product and component part designers
Product and component part manufacturers
Suppliers of the final product and its component parts
Retailers of the defective product and its component parts
Distributors of both the final product and the component parts from which it is composed

Defectively Designed Products
Texas law holds that a product is “defectively designed” when, due to its design, it’s rendered unsafe for it’s intended and reasonably foreseeable uses or is inherently dangerous. Unlike manufacturing defects, design defects affect a product’s entire product line. Thus, design defects are often featured in product recalls and class action lawsuits.

Defectively Manufactured Products
Somewhat similarly, products are deemed “defectively manufactured” when, due to some departure from an appropriate design, a product is manufactured so that it’s unsafe for it’s intended and reasonably foreseeable uses.

Products Featuring Defective Warnings
Finally, Texas law considers products that lack warnings of non-obvious dangers to be “unreasonably dangerous” for consumer use. It’s important to note that warning defects can quickly become quite complex, and thus necessitate the attention and care of only the most experienced products liability attorneys, like the ones at our Law Office.

Car Accidents Caused by Defective Products
Although discussed more fully in our article concerning defective products and car accidents, defective products are a leading cause of severe injury and fatal car collisions. Here’s a non-exhaustive list of defective products resulting in motor vehicle collisions:

Defectively designed and/or manufactured vehicle roofs in rollover collisions
Defectively designed and/or manufactured glass that shatters or doesn’t shatter as designed
Defective seat belts that fail to remain latched during a collision due to defective design or inferior materials
Tire tread separation due to defective design and/or manufacture
Defectively designed electrical components like cruise control sensors
Defectively manufactured mechanical components like braking systems and steering linkage.

Contact Our Experienced Defective Product Injury Lawyers Today
If you suspect your or your loved one’s injuries were caused by a defectively designed, manufactured, or product that featured defective designs, our experienced product defects lawyers may be able to help you recover the compensation you deserve. Call us today for a free and confidential consultation based on the facts of your case and more information regarding how our Defective Products Lawyers can help you.

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Grossman 7/10/20 – Food Contamination – gtg

In the hyper-vigilant environment our country has found itself in since shortly after the attacks of September 11, 2001, contamination of food and drink products has been a very hot media topic. Those attacks put a spotlight on stories concerning packages that were shipped via U.S. mail that contained anthrax, packages that contaminated several news outlets and law enforcement offices.

As a reaction to these packages, the U.S. Food and Drug Administration, or FDA, enacted regulations that were designed to keep the food supply of our country from the potential of deadly contamination by terrorist entities. The program was well-intentioned and is a very positive step toward ensuring the safety of our food, but it does not address the more commonplace instances where our own food suppliers accidentally contaminate food.

There have been several news reports recently regarding E. Coli outbreaks in produce, as well as salmonella outbreaks in peanut butter. Annually, there are hundreds of food products that are recalled because of the negligence or carelessness of producers and growers right here in the United States. Companies are required by federal law to take steps to ensure that the design and manufacture of food products that are sold in the U.S. are safe for public use. When consumers are injured by products that are contaminated or unsafe, they have the right to take legal action against those suppliers in order to gain fair compensation for the injuries they suffer.

However, litigating these cases is best left to seasoned and skilled attorneys, because the companies responsible for producing tainted food or drink problems that lead to food poisoning usually have a cadre of lawyers of their own. Those lawyers know every trick there is to know regarding how to defeat your case or simply dismiss it outright; or, at the very least, keep whatever settlement you receive at a bare minimum. There are also several entities that play a role in the production of a food item, such as a cut of raw meat, a piece of fruit, or a baked good, for example, from a raw state to a finished product ready for public consumption. This often makes it very difficult to ascertain the chain of responsibility, a task that is nearly impossible for either a legal layperson or an inexperienced lawyer.

Radiofrequency identification, or RFID, technological advances have allowed the producers of food that have implemented them to track each and every piece of produce from the time of harvest to the time it is delivered to the store. This makes it significantly easier to contain contamination outbreaks and reduce the instances of food poisoning, but in no way does that mean these measures are foolproof. As disturbing as it may be to think about, food contamination can occur when workers simply fail to wash their hands after harvesting produce, or a worker in a bakery neglecting to put a carrot cake with cream cheese icing back in the refrigerator. Most E. Coli outbreaks – and this is harsh but true – occur mainly as the result of animal feces coming in contact with meat or other consumable products. You would probably think it would be a pretty easy process to make sure that animal waste does not come in contact with food, so if a supplier fails to do so that is typically a strong sign of negligence.

In a liability case concerning food poisoning, there can be multiple potential defendants. The food contamination lawyers with our Law Office are very familiar with thoroughly investigating the issues involved with food poisoning, and can help you clearly understand the parties against which you may be able to take legal action. Our Law Office has helped victims of food poisoning in the area for two decades and would like to help you obtain the fair restitution you have coming to you for the suffering you’ve had to endure.

The track record of our Law Office and our reputation for successfully litigating food poisoning cases in the courtroom can help bring you the leverage you need to make sure food producers are held accountable for the suffering you’ve experienced and to also make sure you get just compensation. We completely investigate each and every case we handle in an effort to make sure your case is as strong as it can possibly be. We are passionate and dedicated to helping you recover both financially and physically by getting the fair restitution you deserve.

If you have suffered due to ingesting a contaminated food item that led to food poisoning, please call the attorneys with our Law Office as soon as possible for a free and confidential consultation.

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Grossman 7/10/20 – Drug Injury & Death – gtg

Fentanyl Attorneys on Fentanyl Pain Patch Recalls

Of all the dreaded diseases that plague our society, cancer is one of the worst. It is a common ailment that people in the United States are stricken with, unfortunately. Most people either know somebody who has been diagnosed with some form of cancer or they have been diagnosed with it themselves.

According to the American Cancer Society (ACS), more than a million people are stricken with the dreaded disease each year in the United States. And that doesn’t include the twelve (12) million victims already living with the disease.

It used to be that being identified as a cancer patient, apart from the type of cancer, was no worse than being sentenced to death. But new technology, decades of investigation, and research funds has opened up new treatments for cancer that lead to remission. It’s the next best thing to a cure. Yet with so much focus on inventing a cure for cancer, the researchers have spent very little time on pain management with it comes cancer patients. That’s where Fentanyl pain patches come in. Fentanyl pain patches are used as pain management for cancer patients; nevertheless, the product was recalled because it has been reported as a contributing factor in the deaths of and suffering of many people.

If you are suffering from a leaky Fentanyl pain patch, call the Fentanyl lawyers at our Law Office today. We’re waiting to go over the options of your case. Your family could opt to file a personal injury lawsuit against the corporation which produced the leaky pain patch. You should call to find out more. Your initial consultation is free.

Researchers say that victims of cancer suffer more than once: They suffer first due to their cancer cells being destroyed in the area of their body where the disease developed; and they suffer a second time because of the unbearable pain most patients experience. Although it’s not common knowledge, most people are living with an undetectable amount of cancer cells somewhere in their bodies. The term “cancer” just means there is the presence of deformed cells in a person’s body. The deformity occurs because most people don’t breathe in enough clean oxygen to help their healthy cells regenerate properly. It can happen when someone lives in a home with asbestos mixed in the building materials or they work in an old building with asbestos in the insulation. Or maybe they live in a smog-filled city and they don’t get enough exercise in the open air. So they don’t get enough oxygen for them to renew themselves normally. Cells that are cancerous also multiply in the body when you eat or drink too much white sugar. Cancerous cells feed on white sugar and it strips away the nutrition trying to replenish our healthy cells. Cancerous cells are unable to live in an oxygen-rich atmosphere. Cancer and oxygen are like oil and water: they don’t mix. The more clean air someone breaths the less cancerous cells can thrive. But when there is a lack of oxygen normal blood cells start to mutate. And those mutated cells start to regenerate. So, most people carry a small amount of cancer in their bodies throughout their lives. And that’s okay.

Cancerous cells will attack different parts of the body. And if it is not quickly diagnosed those cancerous cells start to destroy the organs that it attacks. If it’s colon cancer the patient might have to get a part of the colon removed. If it’s skin cancer the patient might have to have a skin graft. It takes a microscope to see this cellular attack going on. But self-examinations and regular doctor visits can locate unnatural lumps underneath the epidermis. Just because a patient feels healthy today doesn’t mean cancer isn’t growing somewhere undetected in the body.

They say an ounce of prevention is worth a pound of cure. Still, twelve million victims find themselves living with cancer and anxiously awaiting a cure. That could be considered a good thing, except the longer patients live with the disease the pain makes it harder for them to operate normally. To help cancer victims withstand their aches medical researchers have approved and allowed the use of illicit drugs including marijuana, morphine, and Fentanyl in hospitals and by caregivers in hospices. While marijuana is known for its subtle effects, morphine is known as one of the strongest pain killers available. But Fentanyl is one hundred (100) times more powerful than morphine. And now it’s being used to treat cancer patients who are in chronic pain. Fentanyl is even used to deaden the pain of surgery patients and those in the Intensive Care Unit (ICU). The strength of the drug is indicative of the need for closer medical oversight when it is prescribed. But Fentanyl was approved for use in the privacy of patents’ homes. So, pharmaceutical companies created Fentanyl nose sprays, Fentanyl lozenges, Fentanyl inhalers, Fentanyl lollipops, and transdermal pain patches. The patches have been a problem since day one, leaving more sickness and death in its wake. The Fentanyl patch has a leak in it that allows more of the Fentanyl to seep into the patients’ bloodstream during the three-day treatment than intended. It could cause patients to overdose and die. Hundreds of people complained to the Food and Drug Administration (FDA) concerning the number of patients who died from using the Fentanyl pain patch. And finally, after a few hundred victims had lost their lives, the FDA forced the drug company that manufactured the Fentanyl pain patch to issue recalls. Needless to say, some of those companies are in litigation over the faulty patch.

If you think your loved one died due to a leaky Fentanyl pain patch contact the Fentanyl lawyers at our Law Office today. Call to discuss the specifics of your case. Your family might be eligible to file a personal injury case against the company that manufactured the leaky pain patch. You might also be able to file a class-action lawsuit and join other families affected by this faulty product. But you won’t know if you don’t call. Your initial consultation is free.

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Fentanyl Recalls Go Back Seven Years

Fentanyl pain patch recalls have been going on for at least seven years. Janssen Pharmaceuticals was the first company to issue a recall in 2004. At first, it was just one batch, called a lot or a group of products. A lot number is attached to every product that is made in bulk. Lot numbers assist manufacturing companies to audit and readily identify its inventory. But after the first batch of pain patches, the FDA and Janssen expanded the recall to include more lots.

Most people would shy away from a product that is plagued by problems. But when a product like Fentanyl brings in millions of dollars company executives are too greedy to turn away from that. So other companies started to manufacture their own version of the Fentanyl pain patch. But the Alza Corporation had to recall 32 million Duragesic patches in 2008 because they too leaked. Days after Alza’s vast recall, another company, Actavis, Inc., a recall of fourteen lots of Fentanyl pain patches that it produced. It was the third recall in four years on the same product. Company executives pushed to keep producing the patches despite the problems. Only Alza halted production for a few months. But they resumed production in the summer of 2011. The profits must have been too much for them to ignore.

Fentanyl Brand Names and Alternative Delivery Systems
Like so many pharmaceutical drugs, Fentanyl is sold under different off-brand names. They include:

Abstral, a lozenge which is similar to a cough drop. It’s made by ProStraken, Inc.
Instanyl, a vapor nose spray which is produced by Nycomed, Inc.
Onsolis is applied inside the mouth and is made by Aveva Drug Delivery Systems
Actiq is a lollipop made by Cephalon, Inc.

Fentanyl is sold in different dose measurements with different strengths. Only the patch has been recalled. So if your physician has prescribed a pain patch to help suppress the pain of a cancer patient, call the physician or the pharmacist to get answers. Then if you need to speak with the Fentanyl drug lawyers at our Law Office, do so today. Our Firm has more than twenty (20) years experience litigating these kinds of personal injury lawsuits. If someone you know has been the victim of a leaky Fentanyl pain patch contact the Fentanyl lawyers at our Law Offices today. Call to discuss the specifics of your case. Your family might be eligible to file a personal injury case against the company that manufactured the leaky pain patch. But you don’t know until you call. Your initial consultation is free.

The side effects of cancer are bad enough without having to be concerned about the side effects of the drug meant to subdue the pain. Still, some side effects of Fentanyl include:

Cramping;
Anxiety;
Hallucinations;
Dry mouth;
Vomiting;
Rapid weight loss.

If the cancer victim has these signs plus seizures and irregular heartbeats, see your doctor immediately.

In addition to the leaky Fentanyl patches, patient advocates complained about what they call the misuse of the Actiq Fentanyl lollipops. These suckers have been prescribed to patients who have no sign of cancer. And some of those patients have been harmed because the lollipops were used to medicate them. This is a classic case of a product liability lawsuit. So if you were prescribed the Fentanyl lollipop and you have not been diagnosed with cancer, call the Fentanyl drug attorneys at our Law office.

In their effort to make more money some drug company executives blindly jumped onto the Fentanyl bandwagon. They saw their profits more than they saw a way to help cancer patients live more comfortably while living with cancer. So if you or someone you know has been harmed by the negligent behavior of your physician who prescribed the medication or the drug company that manufactured it, it’s your right to file a product liability personal injury lawsuit. The attorneys at our Law Office can investigate your sickness and the medication you might be taking to collect evidence to build your case. But time is not on your side. Call our Law Office today for your free consultation.

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Legal Remedies For Injury or Wrongful Death From Pharmaceutical Error

All of us would like to think we can trust our bespectacled, smiling neighborhood pharmacist, but the raw reality is, nearly one in twenty prescriptions in the U.S. are filled in error and 100,000 people prematurely die annually because of pharmaceutical mistakes or pharmacy misjudgment.

Although not every improperly filled prescription leads to injury or death, every time an error does occur, the needed medication is not given to the patient who is often in dire need of the proper medication for their condition.

If you have suffered injury because of an incorrectly filled drug prescription or pharmaceutical error at your pharmacy, the medical malpractice specialists at our Law Office want you understand the inherent complexities of these cases, so that you can make an educated decision about what legal options you should take.

How Do Pharmacy Mistakes Occur?
Most of the time, pharmaceutical mistakes occur because of the following:

The doctor incorrectly, or just not quite legible enough, writes a prescription that is difficult to read and results in a patient being given the wrong dose or wrong medication altogether.
A pharmacist makes an error in filling the prescription.
Often, the prescription drug itself can pose a danger. In that case, the drug pharmacy isn’t responsible if the correct medication was prescribed, the prescription was filled as instructed, and the drug was taken as advised. In these circumstances, the damages were caused by the drug itself, and the pharmaceutical drug company should be held liable or responsible for the injury.

Which Type of Lawsuit Should I File?
The type of lawsuit you file is dependent upon the type of pharmacy error committed. You will be filing a medical malpractice lawsuit, regardless of whether it was your doctor or your pharmacist that was responsible for you receiving the incorrect medication. Yet, the strategy involved in building an effective case is different, depending on if the liability arose from the doctor or the pharmacist.

Do I Need A Lawyer?
The medical and health care industry has been protected, in many cases, from illegitimate or frivolous lawsuits by recent tort reforms. Concurrently, those reforms have also resulted in legitimately injured individuals now finding it more difficult to get the compensation they deserve. It is very common nowadays, for cases without the proper documentation to be dismissed. Only an experienced, competent medical malpractice legal specialist in this field will understand how to locate expert medical testimony and the procedures for issuing subpoenas for the appropriate records.

We’ve won hundreds of cases against all the major insurance companies in the U.S. These firms are familiar with our success and reputation and in many instances will fully cooperate with our attorneys so they will not have to confront us later in court. We have a successful track record to stand up to your opposition and help you receive the justice and equitable compensation you deserve for your injury or loved one’s death.

Our attorneys are dedicated to providing you with the help you need to recover from your injuries incurred by the wrong prescription drugs. We have been litigating medical malpractice claims for two decades and have seen millions of dollars awarded to hundreds of injured clients. Call us today for a free consultation if you’ve suffered a prescription drug injury. We can discuss your legal options and the steps needed for you to recover physically and financially, so you can get back on your feet and move confidently into the future.

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