We come into contact with products every day. These products include the cars we drive, the foods we eat, the toys our children play with and the medical devices and prescription drugs that are supposed to treat our medical condition. Our health – and sometimes our life – depends on the safety of these products.
How Can a Wisconsin Product Liability Lawyer Help You?
Problems arise when these products are not safe when they are used as intended, or when they are marketed to us without adequate warning about their risks. Consumers can suffer catastrophic and deadly harm. Families can be devastated. The product liability attorneys of Techmeier Law Firm are dedicated to protecting the rights of consumers who are injured by defective products. We are highly skilled litigators who know how to seek the answers that victims deserve and the compensation they need to move on with their lives. Attorney Will Techmeier is certified as a Civil Trial Advocate and as a Civil Pretrial Advocate by the National Board of Civil Trial Advocacy and the National Board of Civil Pretrial Advocacy. He has also been selected by the Super Lawyers peer-rating service every year since 2006 as one of the top lawyers in Milwaukee. You can trust him and his team to stand up for you. If you have been hurt or lost a loved one due to a defective product, contact a product liability attorney and allow us to provide a free and comprehensive review of your case.
Product Liability Cases, How Do I File One?
Let’s say that your doctor gives you a hip or knee implant that is recommended for your condition, you take a prescription drug in the proper dosage or you put your child in a car seat that you have installed according to instructions. If you suffer an injury in any of these situations without doing anything wrong, it is a red flag that something is wrong with the product. When many other consumers or patients suffer harm, or when numerous studies emerge that call attention to problems with a product, it may be voluntarily withdrawn or recalled by the manufacturer. Typically, the manufacturer goes through with a safety recall at the request of a federal agency such as the U.S. Food and Drug Administration (FDA), National Highway Traffic Safety Administration (NHTSA) or U.S. Consumer Product Safety Commission. A recall generally involves the issuance of an official notice that details the specific products that are involved, the defect that makes them unsafe and information about what you can do next to get a replacement product or protect your health. However, in too many cases, recalls come too late. You or a loved one may have already suffered serious harm without any warning about the risks you faced. This is why the manufacturers and distributors of unsafe products can be held liable for not only allowing defectively designed and/or manufactured products to get into the marketplace but also for failing to provide consumers with sufficient warnings.
Types of Defective Product Lawsuits Our Law Firm Handles
Will Techmeier of Techmeier Law Firm has an extensive background in product liability cases. Our experience and resources allows us to handle a wide range of cases in this complex area of the law, including those that involve:
Pacemakers, hernia patches and valve implants have all been the subjects of product liability cases in Wisconsin and across the country in recent years. Currently, our law firm is focused on cases involving:
- Power morcellators – Used in minimally invasive gynecological surgery, these devices may cause undiagnosed cancer in the uterus to spread to other parts of the body.
- Metal-on-metal hip implants – Thousands of implant recipients have needed to undergo painful revision surgery due to implant failure or metal poisoning.
- IVC blood clot filters – Patients can suffer life-threatening complications if these devices fracture and migrate.
- Bair Hugger forced-air warming device – Used during hip and knee implant surgery, these devices may increase a patients’ risk of suffering a painful deep joint infection.
Many innocent people have been harmed by drugs that led to undisclosed side effects or were prescribed for uses that were not approved by the FDA, or “off-label uses.” Techmeier Law Firm currently is reviewing cases that involve:
- Nexium – Nexium, a popular drug used in the treatment of chronic heartburn and related ailments, has recently been linked to hidden side effects, previously unknown to consumers.
- Risperdal – An antipsychotic drug that has been linked to gynecomastia, or unnatural male breast growth, especially among young men who were prescribed the medication.
- Xarelto – This anticoagulant may cause excessive internal bleeding in patients who were prescribed the drug to reduce the risk of strokes and blood clots. Pradaxa is another blood-thinning medication that has been linked to similar, potentially fatal side effects.
- Invokana – Used to treat Type 2 diabetes, this SGLT2 inhibitor has been associated with a buildup of acids in the blood, causing a condition known as ketoacidosis.
- Testosterone therapy – Older men who are prescribed Low T products for unapproved uses may face an increased risk of heart attack or stroke.
Some vehicles are dangerous due to their design. A passenger van or SUV, for instance, may be prone to a rollover. In a highly publicized recall, ignition switches on many models of GM vehicles were recently found to cause cars to shut off while in operation. Tires, wheels, brakes, steering columns or gas tanks may also be defective. In some instances, the defect may involve safety features. Takata air bags, for example, have been widely recalled because they can explode when activated, spraying metal fragments at drivers and passengers. Dangers can also arise from seat belts that fail in a crash.
Tools and Equipment
Workers or people handling do-it-yourself projects around the house can suffer serious injuries when tools such as saws, welding devices or other types of power equipment lack proper safety guards, their attachments become loose, their wires are frayed or when they contain some other type of defect. In many cases, harm can arise when a tool becomes overheated or a user suffers electrocution. Defective cranes, forklifts and other types of heavy machinery are a major concern at construction sites, factories and warehouses.
Toys and Other Household Products
Hundreds of toys are recalled each year in the U.S. because they are made with toxic materials or contain parts that can easily break off and be swallowed by small children. Additionally, dangers can arise from defective household appliances, recreational equipment, furniture, grills or heating devices such as space heaters.
- Talcum Powder – Medical professionals have discovered that talcum powder, or “talc,” is behind such ailments as breathing disorders and ovarian cancer.
What Can You Recover in a Product Liability Claim?
If you or a loved one has been has been injured by any one of these above products, you may be able to pursue compensation for your medical expenses, lost income, pain and suffering and more. At Techmeier Law Firm, we can review your case for free and represent you without charging any legal fees unless we are able to secure a recovery for you. Our attorneys believe it is important to work with a lawyer who has experience with product liability litigation. These are also known as “mass tort” cases. Typically, if many other individuals or families have suffered similar harm from the same product, their claims may be combined in a class-action lawsuit that is filed in either a state court or federal court or consolidated in multidistrict litigation (MDL). Note that in a MDL, your lawsuit would remain separate and distinct from other lawsuits. However, it would be transferred to a federal court along with other lawsuits for pretrial proceedings. An experienced lawyer can ensure your rights and interests are fully protected if your case becomes a part of wider, national litigation. The lawyer can work diligently to pursue the settlement or verdict that will justly compensate you. Keep in mind: A product liability lawsuit must be brought within a specific period of time after an injury has arisen. This is called the statute of limitations. In many cases, a claim must be brought within a certain number of years after a product was sold. This is called the statute of repose. Due to these time limits, it is important to take legal action without delay.
Contact a Product Liability Attorney in Milwaukee Today
The product liability lawyers at Techmeier Law Firm believe that when a person is hurt or killed by a defective product, the manufacturer should be held responsible. Other parties may need to be held accountable as well, including the retailer and/or distributor. For more than 40 years, our attorneys have been fighting for people hurt or killed by products that have not been properly tested, designed, built or labeled. We have recovered more than $100 million in personal injury and wrongful death cases on behalf of our clients. Allow us to put this experience to work for you. If you believe that you might have an injury claim as the result of a defective product, call us today or connect with us online. We can provide a free and confidential consultation. Sources / More Information