Products Liability Newsletters

Antidepressant Medication Use and Suicide in Children and Adolescents

Depression in children manifests as irritability, whining/crying, boredom, failure to gain weight, difficulty sleeping, hyperactivity or inactivity, negative self-comments. Depression in adolescents shows up as aggressiveness, argumentativeness, isolation, boredom, weight changes, difficulty falling asleep or staying asleep, difficulty focusing, and self-criticism.

FDA and the Recall Process

The U.S. Food and Drug Administration (FDA) is responsible for monitoring adverse product experiences. If a product is deemed defective by the FDA, the FDA is authorized to request that members of industries regulated by the FDA recall the product. The FDA is also authorized to mandate product recalls under certain circumstances.

Food and Drug Administration Modernization Act of 1997 and Advertising by Compounding Pharmacists

Compounding refers to a pharmacist's preparation of a customized medication by combining, mixing, or altering ingredients to create a medication that is tailored to meet the needs of an individual patient. The physician gives specific directions as to the preparation of the compound. Compounding is a traditionally recognized part of pharmacy practice, and all 50 states have laws that permit compounding

Heavy Machinery Litigation

Accidents caused by construction equipment, such as cranes, backhoes, bulldozers, front-end loaders, and skid-steer loaders, and manufacturing equipment often leave the victims dead or living with severe disabilities. Many of these accidents are just that -- unavoidable consequences of dangerous industries. Other construction accidents can be avoided with safer equipment, better warnings, or both. As a result of the avoidability of some construction accidents, manufacturers, distributors, and sellers of heavy machinery have often been held liable for injuries sustained as a result of defects in the machinery or as a result of improper warnings.

Proving Damages in Product Liability Cases

Proof of damages is an important element in a products liability lawsuit. The plaintiff (the person suing) has the burden of proving any damages that were caused by using a defective product. Products are defective when they have an inherent flaw or are improperly manufactured. If the defective product causes personal injuries or property damage when used by a consumer, the consumer can sue the manufacturer to recover damages.