Nashville Products Liability Attorney
Tennessee Products Liability Attorney
When a consumer buys a product, they rightfully expect it to perform safely and efficiently. Unfortunately, that isn't always the case. Use of defective products can result in tragic consequences. A defective product is one that was either designed with defects or was manufactured improperly. Flawed design or manufacturing defects may result in unsafe products that cause injury to consumers. There have been countless cases of defectively or dangerously designed consumer products harming and often killing consumers, including children. In a products liability case, the law may find blame with any or all individuals involved in the manufacture of a product. This can include the designer, manufacturer, supplier and retailer.
Aggressively Pursuing Compensation For People Injured by Dangerous Products
For over 40 years, the law has recognized that when companies manufacture or sell products that are dangerously defective, or fail to contain proper warnings, they can be held liable for the injuries their products cause.
At David Randolph Smith & Associates, in Nashville, our attorneys are very experienced in product liability cases. We are familiar with the unique considerations that can apply in these cases, and we know how to get results. Contact us to schedule a free initial consultation. We serve clients throughout Tennessee and in neighboring states.
The Experience to Handle Your Product Liability Case
David Randolph Smith testified as a legal expert on product liability law before the 100th Congress (House of Representatives) Subcommittee on Commerce, Consumer Protection, and Competitiveness. His testimony and paper appeared in the Congressional Record.
Our firm, as successful Tennessee product liability lawyers, has represented plaintiffs in drug, chemical, vehicle and equipment product liability cases with a track record of significant multi-million dollar settlements and verdicts. Examples include:
- $6 million dollar settlement in a Wilson County, Tennessee case involving a defective crane against a Canadian manufacturer
- $2 million settlement in a Nashville federal court case against a Japanese drug company for a defective diet supplement
- $2,6000,000 settlement (product liability, defective pharmaceutical) in a Montgomery County, Tennessee case involving cardiac injury
The firm has been actively involved as Tennessee product liability attorneys in multi-state and multi-district product liabilty litigation including:
- Smith v. Union Carbide, 298 F.Supp. 2d 561 (W.D. Ky. 2004) Owners of property surrounding uranium enrichment facility brought action pursuant to Price-Anderson Act alleging that groundwater and soil contamination caused by facility substantially and unreasonably interfered with use and enjoyment of their property).
- Jacobs v. E.I. du Pont de Nemours & Co., 67 F.3d 1219, 64 USLW 2264, 27 UCC Rep.Serv.2d 1198, Prod.Liab.Rep. (CCH) P 14,378, 1995 Fed.App. 0312P (6th Cir.(Tenn.), Oct 19, 1995) (NO. 93-4144, 93-5978, 93-6561) (Vitek TMJ Proplast jaw implant litigation).
- Wright v. Dow Chemical U.S.A., 845 F.Supp. 503, 24 Envtl. L. Rep. 21,340, 24 UCC Rep.Serv.2d 507 (M.D.Tenn.,Oct 08, 1993) (NO. 3:92-0125) (Dursban insecticide product liability case).
- In re Upjohn Co. Antibiotic Cleocin Products Liability Litigation, 664 F.2d 114, 32 Fed.R.Serv.2d 1441, 6th Cir.(Mich.), Nov 19, 1981.(Multidistrict products liability litigation over the drug Cleocin). David Randolph Smith, Baker & Botts, Houston, Texas
David Randolph Smith began his career as an attorney in 1978 in Houston, Texas defending product liability cases for clients such as Ford Motor Company (fuel tank and park-to-reverse cases) and Upjohn (defective drug cases). He later taught torts and products liability at Vanderbilt University School of Law (1983-1988). Contact us for more information about our product liability practice.
Each state's law provides consumers with a legal remedy--the right to sue for money damages--if a person (not just the purchaser) is injured or dies as a result of a defective or unreasonably dangerous product. The law of product liability holds manufacturers, distributors and sellers legally responsible for defects in manufacture or design as well as for defective marketing (failure to warn).
In choosing a lawyer to pursue a product liability case, whether it involves a drug, a vehicle or piece of equipment, experience and success are essential.
Call us at 1-800-394-2119 or email us at email@example.com for a free and confidential evaluation of your case.
10/7/2012. Meningitis: Steroid drug linked to Fungal Meningitis
- Health officials have identified cases of fungal meningitis from steroid injections at the Saint Thomas Outpatient Neurosurgery Center in Nashville, Tennessee. U.S. health officials reported numerous cases in the fungal meningitis outbreak linked to steroid injections that has killed seven people and now affected 91 in nine states.The U.S. Centers for Disease Control and Prevention (CDC) reported a new total of 91 cases in an update on its website.The widening outbreak has alarmed U.S. health officials and focused attention on regulations of pharmaceutical compounding companies like the one that produced the drugs, the New England Compounding Center Inc in Framingham, Massachusetts. The company shipped 17,676 vials of the steroid methylprednisolone acetate to 76 facilities in 23 states from July through September, the Massachusetts Health Department said.The steroid is used as a painkiller, usually for the back, and could have been injected in thousands of patients, authorities have said. If you take or received the steroid methylprednisolone acetate and suffered serious injury or death, cancer, contact our Tennessee Meningitis lawyers for a free consultation toll-free (800) 394-2119 or fill out our "Submit A Case" form.
- 1/5/2012. Actos Lawsuits to be Consolidated in Louisiana Court.
- Actos lawsuits against Takeda Pharmaceutical Co. will be consolidated before one judge in Louisiana federal court. The Actos lawsuits claim that the drug causes bladder cancer, a side effect about which the manufacturer and co-defendant Eli Lilly & Co. failed to properly warn the public. In September, Takeda reported that 54 federal Actos lawsuits had been filed, and dozens more have followed, according to court records. Potentially, Actos users who were diagnosed with bladder cancer may still have legal recourse to file a claim for damages, such as medical expenses; however, there is a time limit for filing all Actos lawsuits and failure to act within this window will prevent the patient from ever taking legal action for their disease. If you or a loved one has been diagnosed with bladder cancer after taking Actos, call us today for a free, no obligation case review.
- 12/28/2011: Drug maker Pfizer and its affiliates have settled nearly half of the product liability claims involving the hormone-replacement therapy drugs Prempro, Premarin and Provera.
- According to a regulatory filing the drug company reported that, as of Oct. 2, 2011, it had settled or "entered into definitive agreements or agreements-in-principle to settle" approximately 46 percent of hormone-replacement therapy claims. "We have recorded a charge of $260 million in the first nine months of 2011 that provides for the minimum expected costs to resolve all remaining hormone-replacement therapy actions against Pfizer and its affiliated companies," the company said in its Nov. 10 filing statement with the SEC.have been filed in federal and state courts by women claiming injuries from the use of menopause drugs made by the drug company or its affiliates.Earlier this month, a Philadelphia jury awarded $76 million in compensatory damages to three women who had sued Pfizer's Wyeth unit, alleging that hormone therapy drugs caused their breast cancer. Days after the $76 million verdict, Wyeth settled the case for a confidential amount in order to avoid a trial on punitive damages.
- At any moment during the day, a products liability claim can develop. From the lead in toys that our children enjoy to the tires on our vehicles that we trust to safely transport our families, the consequences of a defective product can be devastating. The area of law that has developed to remedy these situations is called products liability. Consumers have a right to assume that the products they use are safe and reliable. When they fail and cause injury or death, a consumer has a right to file a claim against a number of parties in the chain that allowed the dangerous product to be put out on the market.
- Products liability, therefore, often involves complex litigation. The nature of a products liability claim is dependent on the jurisdiction or state where the injured person lives, the type of product and the variety and cause of the defect. Product defects can surface in different facets of the user experience including defects in design, manufacturing or even when a manufacturer fails to warn of associated dangers in the product's use. Moreover, liability in these cases can rest on many different parties ascending the supply chain up to the original manufacturer -- from the manufacturer and distributor to the supplier and retailer. After gathering all of this information, a knowledgeable attorney will determine the appropriate type of claim that should be pursued including strict liability, negligence, breach of warranty or even fraud.
- Strict Liability: Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable for harm caused by the defective product, even if the manufacturer was not negligent in making that product defective.
- Negligence: This case type most resembles an ordinary negligence lawsuit. In addition to duty, defect, causation and injury, the injured party needs to prove that the manufacturer or seller breached its duty to the person harmed.
- Breach of Warranty: When the maker of a product warrants its characteristics, if it fails in one of those characteristics and the failure causes an injury, a breach of warranty claim arises. Warranties can be express (written or sometimes verbal) or implied by law.
- Medication Errors & Prescription Mistakes. Drugs often have simillar sounding names or are packaged or bottled in a way that makes drugs "look alike." This can result in serious injury or even death. A product liability claim can often be brought in tandem with a suit for a pharmacy error (pharmacy malpracticer)
- Defective Medical Devices: Call us if you have been injured by any of the following medical devices:
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