Manufacturers and distributors of products have a duty to ensure that what they are putting onto the market is safe for consumers to use. When companies breach this duty, victims of harm have a right to compensation. There are often hundreds or even thousands of victims when defective pharmaceutical products or medical devices are placed onto the market.
Bellwether Cases
When there is a large number of similar cases, rather than prepare all of them for trial at once, a select few are sometimes chosen to proceed to trial to serve as an example. These first cases are known as “bellwethers.” The idea is that after attorneys from both sides have seen how a similar claim plays out in court, they will be in a better position to agree to a settlement.
A recent such bellwether case was decided in favor of a major medical device company, indicating that other plaintiffs bringing similar claims may have an uphill battle. The plaintiff in the case, Doris Jones, was from Savannah, Georgia. Jones was the recipient of a blood clot filter, manufactured by the company Bard Medical. Unfortunately for Jones, the filter fractured and had to be surgically removed. Jones is not alone. As the Atlanta Journal-Constitution reported, more than 3,000 other patients have claimed that they were harmed by defective Bard filters.
On June 4, 2018, a jury in Arizona ruled against Jones. The jury rejected the claim that Bard Medical failed to adequately test the filters before putting them on the market. Although this decision bodes well for Bard Medical, the company lost a similar claim earlier this year and was forced to pay $3.6 million, and there are currently several other bellwether cases going forward against Bard over the same alleged defect.
Jones’ attorney told reporters that Jones would be appealing the decision on the basis that the judge did not permit the right evidence to be presented to the jury. In particular, Jones sought to introduce evidence showing that the early versions of the Bard IVC Filters were known by Bard to be dangerous and had even caused deaths. However, because Jones was using a newer model with a different design, the judge did not feel the defects of these older versions were relevant.
Experienced Product Liability Attorneys
The experienced product liability attorneys at Williams Elleby Howard & Easter, are dedicated to helping victims of defective products get justice. Sometimes medical devices are simply designed improperly. This seems to be the case with the Bard Medical blood-clot filters. In other cases, a manufacturing error causes a product to deviate from its intended design and become defective. It is also possible for a company to be liable under product liability law if it fails to adequately warn about dangerous side effects or risks that accompany the use of a product.
Williams Elleby Howard & Easter, believes that when companies make billions of dollars each year selling products to the public, they should be expected to pay a fair amount to victims when those products cause harm because of product defects. These types of claims are always complicated, and large companies will expend huge sums of money to avoid liability. It is imperative for victims of defective medical devices to have competent and skilled counsel on their side. If you or a loved one has been injured due to a defective product, contact Williams Elleby Howard & Easter, to schedule a free case evaluation by calling 833-LEGALGA today.
