Have You Been the Victim of Defective Drugs or Medical Devices?
We place a lot of trust in those who provide us with medical drugs and devices. Often when we use their products, we are placing our health if not our lives in their hands. Because of this, we trust that they have tested their products thoroughly and that they have our best interests in mind.
Answers to Your Questions about Medical Devices
Though closely regulated by the U.S. Food and Drug Administration, medical drugs and devices can still go wrong. When this happens, you could be entitled to compensation to pay for any pain, suffering, and expenses that result from the defective product. This can be obtained through filing a product liability claim. Between the manufacturing, transportation, and selling or implementation of these products, it can be difficult finding who was responsible for the defect. That’s why it’s beneficial to hire a knowledgeable attorney who can help you navigate the complex and confusing world of product liability law.
How quickly should I seek legal help if I was injured by a defective medical product?
Immediately. In Utah, you only have two years after an injury to hold another person responsible for a dangerous product. It takes a long time to find all of the evidence needed to prove that a person was responsible for a defective product. Because of this, you should immediately seek legal advice to know if you have a potential case against anyone involved in making or selling the product.
Who will be held responsible?
Anyone involved in the making or selling of the medical drugs or devices can potentially be held responsible for injuries caused by it. These parties will be held responsible if:
- they poorly made the product
- the state made them strictly liable
- they gave a safety warranty
What other important information should I be aware of with product liability laws?
Utah consumers can be held partially at fault for the injuries they receive from a defective product. That means, if you are found to be 50% or more at fault for your injuries, then you will not receive any money for your case. The manufacturer is not responsible for any harm caused by his product if it was modified after leaving his control in a way that caused the injury. Utah product liability laws allow similar products to be compared to the dangerous product to determine if it is defective. Utah product liability law says that a warning is good enough if the warning:
- “was designed to reasonably catch the user’s attention”
- could be understood by the user
- explained the potential danger
- was obvious enough for how dangerous the product is
Utah generally defines a defective product as unreasonably dangerous if the average user expected it to be less dangerous than it turned out to be. For more information about Utah product liability laws, click here. For a list of bad drugs and other medical products visit DrugLawsuitSource.com.
We can help you get fair compensation
If you or a loved one has been injured by a defective and dangerous product, call Christensen & Hymas at (801) 506-0800 to set up a free consultation where we can discuss your options. We are committed to every case, but more than that, we are committed to our clients and helping them regain physical and financial peace-of-mind.
Learn your Rights. Get Answers. Free.