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dangerous product, New Braunfels personal injury attorneyA Dallas jury has ordered DePuy Orthopaedics to pay compensatory and punitive damages to five victims who received defective hip implants.

The jury deliberated for nearly six days before ordering the medical device maker – which is a division of Johnson & Johnson – to pay $142 million in actual and $360 million in punitive damages. Lawyers for the five victims, one of whom is from Boerne, argued that the Metal-on-Metal (MoM) artificial hips were defectively designed, causing premature failure and intense pain. Furthermore, according to court documents, DePuy knew about problems with its Pinnacle and Ultamet implants, yet failed to warn patients or doctors due to the risk of decreased sales. DePuy and other hip implant makers have consistently denied that their products are unsafe. About 8,900 defective hip implant cases have been consolidated before U.S. District Judge Ed Kinkeade in Dallas, and plaintiffs expect the next trial to begin this fall.

In October 2014, a separate jury determined that DePuy was not negligent under similar facts.

pelvic mesh settlement, Texas defective product attorney

A Delaware woman recently won a $100 million jury verdict, after her lawyers convinced a jury that Boston Scientific’s faulty pelvic mesh implant was responsible for her injuries. The case may cause other medical device manufacturers to settle defective product cases more quickly.

Pelvic mesh implants were once hailed as a cure for incontinence in females. But the devices can deteriorate over time, leading to a host of medical problems, including severe pain during sexual intercourse. These problems can trigger a series of expensive corrective surgical procedures. The month before the verdict was announced, Boston Scientific agreed to pay $119 million to settle some 3,000 similar claims, including a $35 million verdict from a Dallas County jury. Last year, another Texas woman won $73 million in a case stemming from a defective Boston Scientific pelvic swing, a similar device.

Boston Scientific and two other pelvic mesh manufacturers are actively settling individual cases before the juries hear about the severe injuries these victims suffered.

Defective Medical Devices


blown tire, Texas injury attorney, Texas car accident lawyer, New Braunfels defective product attorney, Four children were among the hurt in an East Side accident that may have involved a defective tire. Police state that six people were in the car when the driver lost control near the intersection of Northwest Loop 410 and Dietrich, apparently due to a blowout. All six occupants, including the mother father, and four children, ages 4, 6, 7, and 9, were transported to a local hospital following the rollover accident. Two of the more seriously-injured children were airlifted to University Hospital. One child stopped breathing at the scene, but first responders were able to revive this victim. All the injured people are expected to survive.

Defective Products

Around 7 percent of all personal injury cases in the United States involve a defective product, on one level or another. Sometimes, as in the above incident, the defective product is the sole cause of the plaintiff’s damages. The item may be a contributing factor in other cases; for example, a car’s tire may explode and the vehicle may slip on wet pavement. Although manufacturers have a legal duty to design and sell products that are safe for consumers, thousands of defective products are sold every day. Typically, injured victims may recover damages from the manufacturer if their injury was due to a:

  • Design Defect: Many products are dangerous before they even reach the manufacturing plant, because of an inadequate design. For example, the materials used in a key car component may be too cheaply made to withstand normal wear and tear, or a product designed may have eliminated a rivet or two in order to cut costs.
  • Manufacturing Defect: Other times, the product is safe when it was on the drawing board, but is dangerous once it leaves the manufacturing floor. A machined screw hole may be slightly off center or a worker may neglect to properly assemble a part.

If you were hurt by a defective product, you may be entitled to compensation for both your economic and non-economic damages. Punitive damages may also be available. Due to the size and scope of these matters, they often become class-action lawsuits. Although most of the things we use are safe and effective, dangerous products are still a serious problem. For a free consultation with an experienced New Braunfels personal injury attorney, contact our office. You have a limited amount of time to act.

Takata air bag recallOfficials recently confirmed that a faulty airbag killed a Spring man in a low-speed collision last month. In its report, the Harris County Institute of Forensic Sciences concluded that the 25-year-old father of two died from blunt-force neck trauma. The man was driving his 2002 Honda Accord when he bumped into another car near a parking lot. Despite the nature of the collision – the man suffered no other injuries – the Takata-made airbag inflated with such force that it blew up a metal canister and sent shrapnel flying into the passenger compartment. This case is the sixth fatality, and 64th injury, blamed on the defective airbags. Over 19 million cars have been recalled so far.

Defective Products

Manufacturers have a duty to sell safe products that work properly. Nevertheless, dangerous products are sold every day.

  • Manufacturing Defect: The hazard sometimes occurs on the manufacturing floor. A screw hole may be off-center by a few degrees, a critical sensor may be improperly calibrated, or there may be too much space between vital components.
  • Design Defect: Other products are defective while they are still on the drawing board. For example, a car’s gas tank may be too close to a potential impact zone, critical gears may be too weak to withstand normal wear and tear, or certain parts that are considered “nonessential” are entirely left out to conserve costs.

Damages in a product defect case can include compensation for economic and non-economic losses. Punitive damages may also be available in many cases. According to Honda, the 2002 Accord in the above incident was recalled in 2011 but, for some reason, was never serviced. Due to the large number of Takata airbag failures in Texas, Florida, Puerto Rico and other areas, there is speculation that high humidity may cause the propellant to deteriorate, which in turn causes the bags to overinflate and rupture. If that is the case, a design defect may be a likely culprit. Or, perhaps an engineer decided to go with a cheaper propellant that was not as robust. In any case, as long as the defect occurred before the product left the manufacturer’s control, that entity is probably responsible for any personal injury damages. Defective products injure and kill thousands of Texans every year. Contact our office for a free consultation with a New Braunfels personal injury attorney. There are no upfront legal fees in an injury case.

product recallManufacturers in almost every industry recall products on a regular basis. Companies generally announce recalls on TV networks, radio broadcasts, and popular websites. Unfortunately, not all manufacturers pay for the advertisement of a product recall, according to Kidsindanger.org. Some companies issue a press release that only reaches a very limited number of consumers, and for those who purchase defective products, this lack of communication often translates into injuries and even fatalities. One way to stay aware of product recalls is to sign up for regular emails at Recalls.gov. In particular, parents should use this resource to double-check the safety of various toys and games for children. Consumers should always take product recalls seriously. Defects can happen to almost any product, but recalls signify a legitimate and potentially dangerous flaw in manufacturing. What If a Recalled Product Injuries You or a Family Member? In some cases, people who suffer injuries from recalled products can file a lawsuit against the manufacturer and related parties. However, these cases tend to be complex, and the guidance of a personal-injury attorney may prove invaluable. One way you can increase the likelihood of a successful lawsuit is to prove the injured party used the item as the manufacturer intended. Also, it is critical to prove that the defects caused the injury. For example, if a company recalls a line of hairdryers due to a potentially dangerous defect, a successful lawsuit may require that the injury occurred while the victim was drying his or her hair. If the victim tried to use the dryer to melt ice on a car’s windshield, or used the product in some other unintended fashion, the case may be relatively weak. If you have recently sustained injuries from a defective product and wish to speak with an experienced New Braunfels injury attorney, contact The Bettersworth Law Firm at 830-606-0404 for a free consultation. For years, we have helped clients throughout south-central Texas collect compensation to pay for medical bills and lost wages, and we may be able to do the same for you.

The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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