Defective Products

Manufacturers and distributors of products have a responsibility to make sure their products are safe. If people who use their products suffer serious injuries, including brain injuries and spinal cord injuries or even wrongful death the responsible parties must pay. For anyone who has suffered from a defective product injury, a lawyer experienced in taking on large companies is a necessity.

At Gump & Faiella, LLC, we have successfully handled numerous of cases involving dangerous products; our attorneys have the resources, experience and knowledge to take on any company, no matter how powerful. Our Columbia dangerous products lawyers can meet with you for no charge, and if we take your case, we will never charge you a dime, only getting paid as part of an eventual settlement or verdict.

Many Successful Cases

Often clients do not realize at first that they have a legitimate claim against a company; for example, cases that at first seem to be typical auto accident, truck accident or boating accident cases often later turn out to be the fault of the vehicle manufacturers. See our Crashworthiness Frequently Asked Questions for more about dangerously designed or manufactured autos.

In one case, we recovered $6.2 million in a defective products matter where evidence showed that defective parts in a boat generator caused several deaths from carbon monoxide poisoning. In another case, we obtained $175,000 where a 16 year old broke his ankle when using a defective grain auger. Read more about cases on our case results page.

Types of Cases We Handle

Our lawyers have helped people file what is known as “product liability” lawsuits against major automobile manufacturers, industrial equipment suppliers, electrical companies, farm equipment manufacturers, and others.

Here are some of the defective product cases we can handle:

  • Defective construction equipment
  • Defective farm equipment
  • Defective household products
  • Defective machinery in the workplace
  • Defective medical products
  • Defective recreational products
  • Defective tires
  • Defective vehicles
  • Defective drugs
  • Defective firearms
  • Defective children’s toys

Defective construction equipment

Thousands of workers are injured every year on construction sites as a result of defective and unsafe equipment. In 2004, one out of every five workplace deaths happened to a construction worker, as well as one out of every ten non-fatal injuries. The type of equipment used in construction is often complex, and capable of causing serious injury or death. When construction equipment has been designed, manufactured, marketed, and sold with defects, the victim of injuries produced by the defective product can hold the designer, manufacturer, distributor, and seller responsible for their injuries.

Construction Accidents in MO

Although some construction site injuries are due to improper training, inattentiveness, and simple human error, many may be the result of defective and dangerous equipment that does not belong in the workplace. Consult with a Columbia personal injury attorney if you believe these dangerous materials harmed you or a loved one.

Construction sites are inherently dangerous because of the nature of the work; however, they shouldn’t be made more treacherous because of the negligence of a designer, manufacturer, marketer, or seller. Injuries and deaths due to faulty equipment can be prevented, by action has to be taken. Too often companies put profits before people, but that can be stopped. Pursuing a lawsuit against these companies encourages them to design the defects out of their products and make them safer for workers’ use.

What Makes a Products Liability Case?

Equipment and machinery used on the construction site that may have defects include defective saws, saws without guarding devices, defective cranes, defective cherry pickers, defective bulldozers, defective forklifts, defective nailguns, and defective scaffolding. The injuries caused by defective construction equipment can be devastating. Speaking with an experienced attorney is the best step you can take to protecting your rights once you have been injured.

Defective construction equipment cases often involve numerous legal issues including claims against the designer or manufacturer of the product, worker’s compensation claims, and claims against other individuals or businesses who may be responsible for your injuries. An early and thorough investigation is the best step to protect your rights.

Defective Farm Equipment

Farmers are some of the hardest working people in America. To get their work done, farmers use a variety of equipment to keep their farms, ranches, orchards, livestock, and poultry farms in business. These machines and tools compose serious risk of injury if they are defective in design or manufacture, or fail to have appropriate warnings. The serious risk of injury posed by this equipment is shown by the large number of injuries that occur in the agricultural industry every year.

Were You Harmed?

If you or a loved one has been injured while using farm equipment and you believe it was due to a defective farm product, contact the Columbia products liability lawyers Gump & Faiella for a free legal consultation. You may have a product liability case against the manufacturer, distributor, or seller if they were responsible for causing your injuries. These types of cases are extremely complicated and require a thorough investigation.

There are thousands of different types of machines and equipment used in the agricultural industry by farmers of all types. However, over the years we’ve seen patterns of products that are commonly involved in injury cases that have caused injury due to the manufacturing design or a warning defect. These include tractors, grain augers, combines, mowers, balers, and shredders.

Common Causes of Accidents

Defective farm equipment causing accidents can include a number of different types of devices including grain augers, tractor tipovers, the lack of a roll over protection system, machine malfunctions, PTO malfunctions and injuries, silo explosions, farm truck defects, defective conveyor belts, defective bailers, defective mowers, and defective tires on equipment.

If you are a farmer who has been injured, you probably have serious concerns about getting back to work. Most farmers wear numerous hats in their agricultural operation, including manager, planter, harvester, mechanic, laborer, and jack of all trades. Farmers are also generally conservative people who do not want to be involved in the legal process or have a make due attitude.

Although it is admirable to make the best out of whatever life throws you, we expect people to play by the rules, and when a manufacturer makes a defective product and sells it to someone who is then harmed by that product, they have broken the rules. Using the legal system to bring a rule breaker to justice and hold them accountable for the harm they have caused is both reasonable and appropriate.

Holding Manufacturers Responsible

Holding the manufacturers and sellers of defective and dangerous equipment accountable not only helps the person injured, but helps detour the manufacturer from continuing to use defective products. Many successful defective product lawsuits result in recalls of the defective product, which prevents injuries to others and dissuades the manufacturer from cutting corners in the future.

However, holding a manufacturing company responsible is not easy, as these are usually large companies with teams of lawyers who will be working hard to defend the manufacturers conduct, even if they produced a bad product. Because so much is at stake, such as your farm, your health and your future financial well-being, it is important to have experienced attorneys review your case as soon as possible.

No Fees Unless We Win

There is no fee for representation until we collect money for you and we are always happy to provide a free consultation before you decide to retain the law firm of Gump & Faiella. Farming can be an extremely dangerous occupation, particularly if a farmer or their employees come in contact with a defective farm product. If you or a loved one has been harmed by a piece of defective farm equipment, it is important that you consult with an experienced attorney as soon as possible.

Defective household products

Thousands of people are injured each year as a result of defective household products. While most people are aware of the possibility of a defective motor vehicle, or other commercial product, they rarely think of a defective product in their own home.

Countless people are injured every year because of products sold with defects in their design or manufacture. They may also be injured because the manufacturer has failed to take steps to properly warn the user of dangers that are inherent to the use of the product.

Causes of Accidents

There are so many different types of household products that it is impossible to provide a complete list of the possible types of products that might be defective. Common examples include cleaning products, products used to strip or treat furniture, pesticides, pet products, electrical appliances, furnaces and heating systems, smoke detectors, carbon monoxide detectors, defective furniture, defective child products, and inadequate warnings on household products.

Most manufacturers are responsible and extensively test and properly affix warning labels to the products before they reach consumers. Unfortunately, some manufacturers focus more on profits than on people, and fail to properly label or warn of dangers inherent in the product, or design products from improper materials, or with known risks they fail to disclose.

Helping The Victims of Household Accidents

Household accidents happen every day; however, those that cause serious injuries or death should be evaluated by an experienced lawyer to help you determine whether or not it was truly an accident, or your injuries were the result of the negligence, carelessness, or recklessness of a defective household appliance or tool. The Columbia products liability attorneys of Gump & Faiella have the knowledge and resources to help you investigate whether or not you may take legal action against the product manufacturer, distributor, or seller of a product that may have caused or contributed to causing your injuries.

Examples of home appliances that have been associated with severe injuries include defective:

  • Gas grills
  • Hair dryers
  • Water heaters
  • Carbon monoxide detectors
  • Smoke detectors
  • Dishwashers
  • Recliners
  • Clothes dryers
  • Stoves
  • Ovens
  • Coffee makers
  • Power drills
  • Circular saws
  • Push lawn mowers
  • Riding lawn mowers
  • Lamps
  • Electrical outlets and fixtures
  • Sump pumps

In some cases the safety defect may be related to the manufacturer’s failure to properly or accurately provide a safety warning on the product, or provide the user with the associated instructions. Many of today’s consumer products are actually manufactured overseas and the investigation and prosecution of these lawsuits can be exceedingly complex, including lawsuits against companies in foreign companies.

Defective household products can lead to:

  • Electrocutions
  • Fire explosions
  • Poisonings from smoke or carbon monoxide
  • Physical injury such as limb loss, lacerations, broken bones, blindness, or death

Defective Machinery in the Workplace

Most workers are aware that if they are injured on the job they may be entitled to worker’s compensation benefits; however, workers are often not aware that they may be entitled to sue the person or company who is responsible for manufacturing, distributing, selling, or providing a dangerous or defective machine that caused, or contributed to causing, their injuries. Workers in this situation are still entitled to pursue their worker’s compensation claims, but may be entitled to additional compensation to help pay for the expenses and damages that workers compensation does not cover. The manufacturers of equipment and machinery used in the workplace should use a safe design, and include appropriate and thorough safety warnings.

How We Can Help

The Columbia products liability attorneys of Gump & Faiella would be happy to assist you in investigating your claim if you or a loved one believes they were injured as a result of a defective or dangerous machine or piece of equipment in the workplace. Many workers in different industries are affected by deaths and injuries due to defective equipment, including construction workers, farmers, electricians, miners, and so many more. If you have worked in any of these industries and have been injured as a result of faulty machinery, contact an attorney immediately.

Common Accidents in the Workplace

Because of strict time limits, which set restraints on when you can legally bring a claim, as well as the complexity of product liability lawsuits, it is important to contact an attorney as soon as you are aware of a defect or believe that a defect may have caused your injuries.

Examples of workplace and industrial cases involving defects include:

  • Improper warnings on equipment and machinery
  • Improper safety guards on cutting blades or other moving parts
  • The removal or disabling of safety guards
  • Failure to provide safety switches/kill switches
  • Improper wiring or grounding
  • Defective materials
  • Improper maintenance

Many pieces of equipment have inherent risks in their use, including equipment such as saws, nailguns, punch presses, cranes, and lifts. All of these could cause serious injury if mishandled. However, when these products cause injury due to a defect, it is appropriate to hold the manufacturer, distributor or seller responsible for failure to follow the rules which require them to make a product that is safe for its intended use.

Defective Medical Products

Patients rely on medical devices and products prescribed or recommended to them by their physicians in a number of ways. Medical products may be used in surgeries, including knee replacements and hip replacements. They can include the tools used during surgery or other medical procedures, the devices implanted in the body, and the tools used for medical tests to help diagnose and treat injury and disease.

Unfortunately, thousands of people each year suffer injuries from unsafe medical products. A medical device may be unsafe because of a defect in manufacturing, a design defect, or a failure to include proper label or warnings regarding the risks of using the product.

About MDR

Medical Device Reporting (MDR) is a service provided by the FDA that requires manufacturers, importers, and device user facilities (hospitals, nursing home, etc.) to report deaths and serious injuries caused by defective medical devices. Unfortunately, the system is becoming less strict. Semi-annual reports that were once required of device user facilities have been reduced to annual reports. Annual reports of the new and modified devices used on patients, as well as the number of patients implanted with these devices, were once required of manufacturers. As of 2000, those annual reports are no longer mandatory.

Many manufacturers, sellers, and distributors fail to notify the FDA in a timely manner, allowing people to be injured or killed in their delay. By the time many companies order a recall or notify the FDA of defects, many patients have already had the defective device implanted or have been operated on with the faulty and dangerous equipment.

The Case of Joshua Oukrop

In example, a heart defibrillator made by the company Guidant was found to malfunction. A seal in the defibrillator could be breached, allowing fluid into the device that would cause a short circuit. The device would stop working, which could lead to cardiac arrest. Guidant knew of the defect for three years before they reported it to doctors, and they knew of over 25 cases of the device malfunctioning, including the case of Joshua Oukrop. Oukrop had the defibrillator implanted to prevent problems caused by his genetic heart disease. The device short circuited, leading to Oukrop’s death. He was 21. Even after Oukrop’s death, Guidant did not issue a recommendation that the dangerous devices be replaced.

Seeking Justice on Behalf of the Injured

Sometimes companies put profits before people. These companies try to bend and break the rules with little regard for the safety of their consumers. Bringing these businesses to justice sways them from breaking the rules, and encourages them to make safer products.

If you were harmed as a result of a medical product, you may be entitled to compensation to hold responsible those who are manufacturing or selling an unsafe medical product. Compensation includes past and future medical expenses, lost wages, and pain and suffering. If you would like to find out if you are eligible to seek compensation, call 800-264-3455 now.

Defective Recreational Products

Talk to a skilled Columbia products liability lawyer today if you were injured by a recreational product! Millions of Americans own recreational products, including recreational vehicles, such as motorcycles, boats, ATVs, gators, jet skis, golf carts, and campers. Recreational products also include products such as tents, fishing equipment, hunting equipment, and camping stoves. While these products are designed to be used in fun recreational activities, they still carry the risk of serious injury or death if they contain a defect. Examples of defects in recreational vehicles include mechanical defects, tire defects, gas leaks, and safety defects.

34 million people are injured or killed every year due to product-related injuries, and these injuries cost approximately $12 billion. Filing a lawsuit against the manufacturers, sellers, and distributors of these products gives them more incentive to gradually improve the quality and safety of their products.

Recreational Vehicles

Manufacturers of recreational vehicles have a responsibility to manufacture their products safely. Vehicles that have been associated with defects include motorcycles, boats, ATVs, gators, jet skis, and campers.

These defects may result from things such as vehicle instability, electrical defects, mechanical defects, fuel or gas tank defects, use of inappropriate materials, failure to install appropriate safety devices, and the failure to include appropriate warnings.

Recreational vehicles may present a danger in their use, as well as in their make. Although many recreational vehicles such as ATVs and golf carts are used in ways similar to automobiles, they don’t come equipped with the same safety features as automobiles. So while many people drive recreational vehicles on regular roads, these vehicles do not have airbags or other safety devices necessary for driver or passenger safety. Recreational vehicles are also not subjected to the same safety tests as automobiles. Without these safety tests, some recreational vehicles go unchecked, making them unsafe for consumers.

Get the Tools to Protect Yourself

It is important to educate yourself on the laws regarding recreational vehicles. In Missouri, it is necessary to have a license issued by the state to operate an ATV on regular roads, although an examination is not necessary to obtain the license. All operators under the age of 18 must wear a helmet. Certain golf carts are allowed on roads with a speed limit of 35 mph or less, and they are only allowed to be licensed if they meet the requirements of a Low-Speed Vehicle (LSV).

To qualify as a LSV a vehicle must weigh less than 3,000 pounds, have a top speed of 20 to 25 mph, not exceeding 25 mph, have four wheels, and comply with the federal safety standards established for these type of vehicles. Those driving a golf cart on regular roads must have a class C license or higher. All those wishing to operate a motorboat must be 14 years of age and take a boating safety course. The same laws apply to PWCs, or jet skis.

We Are Here to Help

If you were operating any of these vehicles and were injured due to a defect in the product, you may have a case. Manufacturers, distributors and sellers of defective products may be held liable for the injuries caused by their products. The attorneys at Gump & Faiella may be able to help you claim compensation for injuries if they have been caused by a defective recreational product.

Defective Tires

The importance of well-maintained tires, which are free from defects, are obvious to any motorist. Unfortunately, a tire that is defective because it was improperly manufactured or designed, or because of its defective installation, could result in a serious and catastrophic loss of control of your automobile.

Approximately 4.5 million tires have been recalled in the United States in the last ten years. Only 1 million of those tires have actually been removed from the road, meaning many defective and dangerous tires are still in use. These tires can lead to crashes resulting in serious injuries or death.

Call 800-264-3455 now to get more information about how our Columbia products liability lawyer can help.

Cause of Defective Tires

Tires affect a driver’s ability to maintain control of the vehicle, and a sudden deflation of a tire, or a loss of integrity of a tire, can cause a serious accident. Every year, 414 people are killed and 10,275 are injured in tire-related crashes. Defective tires are a direct cause of 8,000 accidents every year. Tire defects can be caused by a wide variety of problems, including defective rubber, over-inflation, under-inflation, side wall defects, tread defects, and incorrect installation.

Taking Precautions

While it is impossible to protect yourself from all of these potential problems, it is important to insure that your tires are properly inflated while you are operating them. If you do your own maintenance on your vehicle, you should insure that your tires are inflated per the manufacturer’s instructions for the tire. If someone else maintains your cars, you should ask that your tire pressure be checked.

Many newer vehicles have tire pressure monitors which will inform you if the tire inflation drops below the appropriate value. With extended use, tires heat, and on a hot day and over the course of use, the temperature inside the tire increases, raising the pressure in the tire. It is important that your tires not be over-inflated, as this can also lead to a loss of control.

Helping You Recover

It is also appropriate to insure that you are operating on the correct type of tires for the environment you will be driving. There are almost an infinite variety of tires available in the market today, including summer tires, summer performance tires, touring tires, performance touring tires, all season tires, performance all season tires, and winter tires. Ensure that the type of tire you are operating is appropriate for the weather and conditions of the roads you will be driving on.

According to NHTSA (National Highway Traffic Safety Administration), 30,000 people were killed in automobile accidents in 2009. 500 of those deaths were due to defective tires. Those 500 deaths were preventable. Defective tires need to be taken off of our roads.

Defective Vehicles

Car and truck accidents are often caused by errors on the part of the driver of the involved vehicle. However, accidents may be caused, or injuries may occur, when they would not have otherwise because of defects in the design of the car or truck involved. If an accident victim becomes injured as a result of a defective product such as a car or truck, they may be able to hold the manufacturer, designer, distributor, and seller of the vehicle responsible for their injuries. If responsibility is proven, the injured person would be entitled to receive damages for their past medical bills, future medical bills, lost wages, and pain and suffering.

Finding Where Liability Lies

Vehicle manufactures have an obligation to make their products safe for use by the public. If a product is unsafe, a claim can be made against the manufacturer, distributor, and seller of the product. A common legal theory in defective product cases is strict liability. Strict liability law holds a manufacturer responsible for the injuries its product caused when the product is proven to be defective.

To prove a product liability case under the theory of strict liability four basic things must be proved:

  • The defendant sold the product in the course of business.
  • At the time of sale the product was in a defective condition that was unreasonably dangerous when put to a reasonably anticipated use.
  • The product was used in a manner that could have been reasonably anticipated by the manufacturer, even if that manner was not actually anticipated.
  • Plaintiff was damaged as a direct result of the defective condition that was in existence when the product was sold.

All product liability cases are complex, but automobile cases can be particularly complex and expensive, so it is important to choose a law firm that has the resources to investigate and prosecute your case. Get a skilled Columbia products liability lawyer on your side to ensure that everything is handled accordingly.

Types of Vehicle Defects

Vehicle defects include:

  • Structural defects – poorly constructed roofs, poorly constructed door frames, poor placement of gas tanks for fuel lines, weak door latches or locks, inappropriate design of crumple zones, weak seats, weak glass or improper design and installation of glass.
  • Safety system defects – Failure of the airbag to deploy, sudden airbag deployment without cause, over-inflation of airbags, and under-inflation of airbags.
  • Seatbelts – improper design of anchor points, improper or ill-fitting seatbelts, improper tensioning mechanisms, and defects in the webbing material.
  • Vehicle instability – propensity of vehicles to roll over and propensity of the vehicle for the roof to collapse.
  • Failure of mechanical systems – brake failures, transmission failures, and fuel tank failures.
  • Vehicle manufacturers whose faulty and dangerous designs have caused injury, or whose defective products contributed to additional injury should be held responsible for the harm they have caused.

Defective Drugs

Drug manufacturers have a duty to make sure the medications they manufacture and sell are safe. A safe medication includes proper warnings about potential drug related injuries and side effects. When a drug is safe for its intended use, and contains sufficient warnings, physicians and patients can make educated decisions about the risks and benefits of a particular medication before using the medication.

Unfortunately some drug companies have placed profits before the public’s safety. Drug companies have hidden data regarding side effects, pushed medication on vulnerable populations and ignored data regarding the dangers of their drugs. Severe drug injuries and side effects can be life changing —even life threatening. We believe people deserve better treatment from the drug industry.

If you or a loved has taken and been harmed by any of the following drugs please contact our Columbia product liability lawyer for a free consultation:

  • Low Testosterone Treatments
  • ACTOS
  • Actos (pioglitazone) was approved by FDA to treat Type 2 Diabetes in July, 1999. It is a once-a-day pill that increases the body’s sensitivity to insulin. It is produced by Takeda Drugs; a Japanese drug company with American subsidiaries in California and Illinois.

On June 9, 2011 the French Medicines Agency suspended the sale of Actos in France. This move was prompted by a study that demonstrated a statistically significant increase in the risk of bladder cancer for patients exposed to Actos. The results of this study also showed an adverse effect related to cumulative dose and to exposures longer than one year. On June 15, 2011 the FDA announced the results of a Takeda sponsored five year interim analysis of an ongoing 10 year epidemiological study. The interim analysis revealed a 40% increase in risk of contracting bladder cancer for Actos users when the drug was taken for 12 months or longer.

At this time, we have knowledge that pre-approval studies conducted by Takeda revealed bladder tumors in male rats for doses of Actos comparable to the human clinical dose of Actos. Moreover, two later clinical studies on humans demonstrated a higher percentage of bladder cancer cases in patients receiving Actos as compared to other anti-diabetic agents.

Gump & Faiella, LLC believes Takeda failed in its duty to adequately test, monitor, and warn of the dangers of the Actos litigation. We are aggressively pursuing these claims.

PRADAXA

Pradaxa, also known as Dabigatran, is a blood thinner that is supposed to lower the chance of developing blood clots. Pradaxa may reduce the risk of stroke and blood clots, but also bears a risk of serious bleeding. On December 7, 2011 the FDA issued a safety announcement indicating that that there were post-market reports of serious bleeding events with the anticoagulant Pradaxa. There is no antidote for Pradaxa so when someone experiences bleeding, doctors may not be able to stop it. If you or a loved one suffered a serious bleeding event, stroke requiring hospitalization, or a loved one has died after taking Pradaxa, you may be entitled to compensation.

AVANDIA

Avandia – also known as Rosiglitazone – is a blood sugar control medication used for type II diabetes patients. Avandia has been on the market for 9 years and has been prescribed to millions of patients. Recently, studies have surfaced that bring Avandia’s safety into question. During the past year the drug has been under close scrutiny by the FDA in response to reports of increased risk of heart attack, congestive heart failure, stroke, and other potentially life-threatening side effects.

A public safety advisory was issued in 2007 to warn Avandia patients of the cardiovascular risk associated with the drug’s use. However, the FDA has not issued an Avandia recall, claiming that sufficient evidence as to the dangers versus the benefits of the drug does not exist. Currently, Avandia’s manufacturer and other researchers are conducting additional studies to determine the safety level of Avandia.

LEVAQUIN

Levaquin (levofloxacin) is a 3rd-generation fluoroquinolone antibiotic, manufactured by Ortho-McNeil, a subsidiary of Johnson & Johnson. Doctors prescribe Levaquin as an antibiotic to treat bacterial infections in many different parts of the body. It does not work for viral infections (for example, the common cold).

While patients taking Levaquin have reported a variety of minor side-effects, common with any medication, the most serious Levaquin side effect reported has been an increased risk of Achilles tendonitis and tendon rupture among current and former patients. Several studies published in accredited medical journals have cited case studies in which individuals who have taken Levaquin have been adversely affected by levofloxacin-induced tendonopathy and tendon rupture.

Most recently, in July 2008, the FDA announced plans to require a “black box” warning on all prescriptions of Levaquin after the consumer group Public Citizen sued the FDA to require the agency to add black-box warnings to all fluoroquinolone antibiotics. The warning will caution patients of the risk of tendonitis and tendon rupture associated with use of the drugs. Such ruptures most frequently involve the Achilles tendon, but can also include ruptures of the shoulder, hand, biceps, and thumbs, according to the FDA.

PAXIL

The FDA has publicly stated that Paxil use during pregnancy “increases the risk for birth defects, particularly heart defects… Health care professionals should consider discontinuing Paxil (and switching to another antidepressant if indicated) in these patients… The early results of two studies showed that women who took Paxil during the first three months of pregnancy were about one and a half to two times as likely to have a baby with a heart defect.” We are investigating any type of heart defect related to Paxil use including, but not limited to, Septal wall defects, Atrial wall defects and Persistent Pulmonary Hypertension in a Newborn (PPHn).

In addition to heart defects we are investigating cranial deformities, pulmonary (lung) defects, neural-tube defects (brain and spinal cord), craniosynostosis (skull defect), infant omphalocele (abdominal wall defects), club foot (one or both feet turn downward and inward), and anal atresia (complete or partial closure of the anus), among others.

ZOLOFT/SSRI INVESTIGATION

Information has been emerging that certain antidepressants may cause birth defects, including cardiac (heart) defects, pulmonary (lung) defects, neural-tube defects (brain and spinal cord), craniosynostosis (skull defect), infant omphalocele (abdominal wall defects), club foot (one or both feet turn downward and inward), and anal atresia (complete or partial closure of the anus), among others. We are currently investigating whether or not the following antidepressants can cause such birth defects: Zoloft, Cymbalta, Celexa, Effexor, Lexapro, Remeron, Prozac, Wellbutrin, Symbyax and Zyban. If you have taken anti-depressants and your child suffers from theses injuries, please contact our office.

Seeking Justice on behalf of the Injured

While medications can be lifesaving, a dangerous drug with inappropriate warnings can cause severe injuries and side effects, which can be life changing, or can end a life. While it is hard to comprehend how any manufacturer, knowing the risks involved, could purposely cover up the information or suppress the information, this has happened and will continue to happen as a result of the large amounts of money that manufacturers can make off a particular medication.

Low Testosterone

Within the last decade, the popularity of testosterone drugs have gone through the roof. If you have used any of the following low testosterone treatments or drugs and have suffered an injury from it, you may be entitled to compensation:​

  • AndroGel
  • Axiron
  • Androderm
  • Bio-T-Gel
  • Fortesta
  • Striant
  • Testim
  • Testopel

Tell a Columbia defective drug lawyer if you took any of these drugs and suffered due to them.

“Andropause?”

The term “andropause”, which describes the natural loss of testosterone due to aging, has been replaced with the new and catchy name “low T” featured in both advertising for the drugs and non-brand informative commercials. These commercials encourage many men to go online to self-diagnose. Many online quizzes exist to self-diagnose low T.

They include vague questions such as “Have you lost height?”, “Do you have a lack of energy?”, and “Are you sad and/or grumpy?” On IsItLowT.com, answering yes to three of the ten questions will diagnose you with having low T.

These tests are generated by the drug companies as a tool to sell their product. Dr. Morley, who was hired to write a diagnostic test by Organon BioSciences, recalled that the company told him “Don’t make it too long and make it somewhat sexy.” Clearly, a thorough and truthful screen was not planned.

Dr. Morley also admitted that he wrote the test in 20 minutes on toilet paper while he was in the bathroom. The doctor himself called it a “crappy questionnaire”, no pun intended. The drug companies got what they wanted: a “doctor written” test that was virtually impossible to pass and would sell their product with ease and minimal effort. They are so vague and amorphous that almost any older man would fail.

The Results of These Tests

The failed result prompts many men to consult their health care professionals and ask for treatment, which is exactly what the drug companies want. They have created a fountain of youth, and a successful one at that. Unfortunately, the catch to this fountain of youth is just now emerging.

The FDA is currently investigating the increased risk of cardiovascular injuries due to testosterone treatments. Treatments are only approved by the FDA if they are used to treat low testosterone caused by a separate medical condition. Low T treatments used for any other purpose is not FDA approved and should be advised against.

What Are the Risks?

Several studies have shown that low T treatments cause an increased risk of heart attack, stroke, and blood clots, among other cardiovascular injuries. These increases were especially evident in patients over the age of 65, in which the risk doubled, and patients with a history of heart problems, in which the risk tripled, even in young men. The risk is highest within the first 90 days of starting treatment.

The risk of cardiovascular issues comes from the drugs causing a rise in hematocrit, which is the volume of red blood cells in the blood. This leads to blood thickening, which can cause blood clots and deep vein thrombosis. Testosterone treatments can also cause a rise in estrogen, also increasing the risk of cardiovascular injury.

About Hypogonadism

Hypogonadism is a condition in which the body has unusually low levels of testosterone. Only about half of men who are taking testosterone treatments have been diagnosed with hypogonadism. The rest have been diagnosed with fatigue, sexual dysfunction, or haven’t been diagnosed at all. Hypogonadism is a medical condition, and should be treated. Andropause is natural. Before pursuing testosterone treatment, consult with your physician and get tested. Discuss the risks of low T treatments, and decide whether or not the benefits outweigh the risks.

Were You Harmed?

If you have partaken in low testosterone therapy and have suffered from cardiovascular injuries, including stroke, heart attack, deep vein thrombosis, and blood clots, you may be entitled to compensation. Contact an experienced Columbia defective drug attorney at the law firm of Gump & Faiella, LLC for at 800-264-3455 for a free initial consultation.

Defective Firearms

Each year millions of Americans participate in shooting sports and hunting. Unfortunately, each year defective firearms cause hundreds of serious injuries and deaths to participants. Firearm related defects include defects in trigger mechanisms, safety locks, and ammunition.

Firearms are one of the few products that are exempt from federal recalls. Only the manufacturers can recall a gun, but many will not. These defective firearms are out there, and can cause serious harm to you or a loved one. Talk to an experienced Columbia products liability attorney to take legal action against these faulty and dangerous hazards. The following firearms have been reported as defective by the Consumer Federation of America. If you or a loved one has been harmed by any of the following, your injuries may have been due to safety defects.

Sturm, Ruger, & Company’s Old Model Single Action Revolver

This gun, which was manufactured from 1953 to to 1972, was made without a safety mechanism to keep the gun from discharging without a trigger pull. The accidental discharge of the revolver due to a fall or bump has killed approximately 600 people. In 1973, a transfer bar safety was fitted to a new design, removing the chance of accidental firing due to a fall. The company has offered to fit the transfer bar safety to the old models, and many have been modified and made safe. However, many of the 1.5 million guns distributed are still unsafe and prone to accidental discharge.

Excam Derringer

Commonly known as a “Saturday Night Special”, this gun is prone to discharge, due to the ease of which the hammer could be bumped. The gun is intended to be carried in a pocket rather than a holster. That, combined with the sensitivity of the hammer, make for a dangerous weapon, prone to accidentally firing.

Lorcin Pistols

Lorcin pistols are dangerous because of the inconsistency of the trigger and a defective safety mechanism. Certain pistols were identified as having a trigger that was inconsistent in its pull, meaning the force required to pull the trigger varied from three to fifteen pounds. This caused the pistol to accidentally discharge. Another claim was made that the safety mechanism on the gun was defective, as the gun would fire even if the safety seemed to be engaged.

Remington Model 700 Bolt-Action Rifles

As the most popular bolt-action rifle in the United States, these guns present a significant danger. Claims were made that the gun would go off unintentionally, either when bumped or dropped, or when the bolt was removed. In a 1994 case in Texas, it was brought forth that the company knew of the defect in old models, but neither ordered a recall nor marketed the safer design that had been developed.

Glock Pistols

These pistols, most commonly used by law enforcement, have a light trigger pull and no safety mechanism. The light trigger pull allows almost anyone to fire the gun, even children. The lack of a safety mechanism enhances the danger, as the gun cannot be put in a safe “off” position.

We Have What It Takes to Win

The law firm of Gump & Faiella has experience in handling firearm injury cases. If you or a loved one has been injured as a result of a defective firearm, or if you or a loved one has been a victim of a firearm discharge, it may be the firearm itself to blame. Experienced defective firearm attorneys, familiar with the factual legal analysis necessary to determine that the firearm is at fault, can assist you in making your claim. We consult with gunshot victims and their families at no charge and help you navigate the complex issues in a defective firearm case.

Defective Children’s Toys

Toys designed and manufactured for use by children should be both fun and safe for all ages. While these products must meet high standards by government entities, defects still occur despite the rigorous testing. When such dangers are evident in children toys, they often result in serious injury and even death.

At Gump & Faiella, we are prepared to help you recover compensation for your child if they were injured due to a defective toy or product. With more than 90 years of collective experience, our Columbia personal injury lawyers possess the extensive knowledge of Missouri law and court proceedings, as well as federal regulations, in order to successfully navigate through any complexities of your case.

Common Toy Hazards

The U.S. Consumer Product Safety Commission recalls more than 100 defective baby and children’s toys and products annually. Even though there are many kinds of defect which have hazardous potential when used by children, there are some defects which are commonly dangerous and often result in significant and fatal injuries.

The common children toy hazards include:

  • Choking hazards
  • Falling hazards
  • Fire hazards
  • Suffocation hazards

We Can Help You Recover Your Compensation Today

Whether it’s an error in the design or manufacturing of the product or the lack of warning labels that entail potential dangers, in any one of these instances, you may be able to seek a product liability claim.

A product liability claim enables consumers that have been harmed by a dangerous or defective product to hold the negligent party accountable for the harm caused.

With millions of dollars won on behalf of our clients, our Columbia personal injury lawyers have an exceptional track record of success. Our legal team can conduct a thorough investigation, collect evidence, and use our resources to develop an aggressive and personalized strategy for your case.

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FAQ: Product Liability

What is Product Liability?

Product liability law allows compensation to consumers who were not warned by the manufacturer and/or the seller of possible product dangers and in turn sustained physical injuries and property damage resulting from the defective/ dangerous product.

What are claims of failure to warn and defective design?

Failure to warn is based on a seller/ manufacturer who failed to inform the consumer with directions on how to safely use a product and/or inform them of the possible dangers that could incur if the product is not used correctly.
Defective design is based on a product that is purchased by a consumer that is already in a dangerous state and unlike how the manufacturer had in mind for the product. An example of defective design would be a vehicle with airbags that do not come out when in a collision that causes injury or even death.

Product Liability – What kind of claims can be brought from it?

In a product liability case there are three theories of liability and they are (1) negligence, (2) breach of warranty and (3) strict liability. Sometimes it is possible to have all three theories pursued in one case depending on the facts.

Negligence Theory – What is it?

The negligence theory states that the manufacturer owes a breach of duty to the user, in light of the reasonable harm that arose from the reasonable foreseen uses of the product. The duty must include all the following; design, manufacture, assembling, instructing, and warning. In a negligence case, the injured is required to prove that the manufacturer violated a standard and reasonable care of the product during the manufacture or design.

Breach of Warranty Theory – What is it?

A breach of warranty theory states that a product did not perform as it was represented or to the level that it was expected to reach based on an implied or expressed representation of the product to the consumer.

Strict Liability Theory- What is it?

The strict liability theory states that a product was in a defective condition when it was purchased by the consumer. Strict liability would mean that the person or company who sold the product would be held liable for any injury or damage that was created by the defective product. The idea is not to put the manufacturer or seller in a state of negligence, but rather just to prove the product was defective when purchased.
Using a product in a way other than what the manufacturer intended on. – Does that affect my claim?
This all depends on whether or not the use was foreseeable. Manufacturers are to look at and think of all the other possible uses someone could possibly come up with to use a product on other than its intended purposes. If it is something that was not foreseen then you would have a stronger case.

In a product liability claim, what damages can I recover?

Most generally reasonable compensation is rewarded for all losses and injuries that resulted from the occurrence in question. There are two general categories in which damages are split, they are non- economic, which is the past and future, and economic, which is the past and future.

Non- economic Damages- What are they?

Non- economic damages are those that cannot be given a specific dollar amount such as; loss of enjoyment of life due to pain and suffering, inconvenience, mental anguish, or physical impairments.

Economic Damages – What are they?

Economic damages are those that can be replaced by some sort of a payment. Economic damages is a broad category and can be anything from medical care to loss of income to the cost of hiring others to perform normal household duties, and many others.

What are punitive damages and how can I get them?

Punitive damages have nothing to do with the injury of the plaintiff, but rather to punish the defendant and stop others from becoming involved in the same actions. The plaintiff must first prove that the defendant acted in such an intentional way such as reckless disregard to the plaintiff’s health and safety because of a known danger they failed to share. There must be convincing and clear evidence to prove that is true. These types of damages are rare but available when necessary and appropriate.

What happens if I come see you for a product liability case?

If wet set up a consultation with you on a product liability case, we will start by determining the facts as you know them. Based on what you know, we will make a preliminary decision about whether the case is one that falls within the scope of our expertise and is something we wish to pursue. If we do take your case for consideration, we will begin an investigation by collecting all relevant records which may include accident reports, product information, company brochures, medical records and product history. We will ask you to sign authorizations allowing us to order those types of records. We will review and analyze the records once we’ve obtained them.
If we think there is a strong possibility that the product was defective, we will submit the records we’ve gathered to an appropriate expert for review and ask them to issue an opinion on the issue at hand. An expert review can be quite expensive and time consuming, costing anywhere from $2,000 on up. We make financial arrangements on a case by case basis for these types of investigations. If our experts issue an opinion indicating a defective product, and we believe we can satisfy our burden of proof we can proceed with a case. These types of cases are handled on a contingent fee basis.

When deciding whether or not to take my case, what will your firm consider?

We try to achieve a delicate balance between the likely result of a case, by either trial or settlement, against the cost of obtaining that result. Product liability cases are extremely time-consuming and require an enormous amount of law firm resources. We will handle your product liability case using a team approach, with multiple lawyers and staff working on your case. In addition to the law firm resources and time, we will incur high expenses for experts, depositions, travel, research, trial exhibits and many other things. In all cases, we must first determine if the case is economically sensible for us to pursue. We do not handle cases where the time, resources and expenses will outweigh any likely benefit we will be able to obtain on behalf of our clients.

How can I find out if you will or are doing a good job on my case?

We know that our past experience handling product liability cases is invaluable to current and future clients. We know how to obtain good results for our clients. We make a commitment to each client to get a good result in every case we decide to pursue, and our track record and credibility will back that up. However, every case has a different set of facts, and no result can ever be guaranteed. We will vigorously pursue your case. Our experienced attorneys and the support they receive from our paralegal and legal support staff allows our firm to give an unparalleled service to our clients. You will have an excellent team working on your case.