product liability Florida

When it comes to the dangers of medical devices or medications, the learned intermediary doctrine holds manufacturers responsible to describe the known risks to doctors, who in turn interpret those risks to patients. Patients then rely on the interpretations of their physicians to make informed medical choices. One effect of this, however, is that the manufacturer’s duty to warn of possible danger is to the physician who provides the medication, conducts the surgery or oversees treatment – not to the general public. drug and medical device litigation Florida

But what if the doctor in question is receiving some sort of financial benefit from the manufacturer for prescribing or using a particular drug or device?

Recently, the U.S. Court of Appeals for the Eleventh Circuit weighed a request by plaintiffs to create a “financial bias exception” to the intermediary rule in a Florida product liability lawsuit stemming from a vaginal mesh injury. However, finding no such precedent or even discussion of it in previous decisions, the court declined to do so. Continue reading

Whether your holiday gift exchanges this year are in-person or virtual, one thing that hasn’t changed is the potential for dangerous products to be marketed and sold to consumers. Florida product liability lawyer

The Consumer Product Safety Commission has reported dozens of product recalls in recent weeks, some of which include:

InvoSpa heated blankets, which have the potential to overheat, posing a fire and burn hazard.
Arena Swim Snorkles, which reportedly pose a choking hazard because they can release excess material from inside the breathing tube.
Salsa Cutthroat Bicycles, which have fork legs that can reportedly break and crack, posing a fall hazard to riders.
Sonoma Good for Life Three-Wick candles sold at Kohls, which reported that the heat of the candle could ignite the wax surface or cause the wax to break, resulting in fire and burn hazards.
YETI Rambler Travel Mugs with stronghold lid. The manufacturer reports the slider on the lid can eject, causing hot contents to spill and posing a burn/injury risk.
Cat & Jack “Himani” and “Jaren” Toddler Boots sold at Target have been recalled due to a toggle on the boot that can detach from the elastic, which presents a possible choking hazard to kids.

Hundreds of thousands of these seemingly innocuous products have already been sold, and a recall is no guarantee they won’t continue to be used. Continue reading

Articles Tagged with product liability Florida

No Financial Bias Exception to Dangerous Medical Device Warning Failure, Court Rules

Watch for Dangerous Product Recalls This Gift-Giving Season