The questions on this page were answered by our team of Virginia Beach & Norfolk personal injury attorneys. The questions are categorized by practice area such as car accidents, medical malpractice, wrongful death, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.
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Does a victim still have a case if they use a defective medical device after it has been recalled?
When multiple victims have been injured from a medical device that is deemed defective, the company that makes the device will usually issue a recall for the product. Consumers can return the product at that point and receive a refund. In situations where a consumer has been injured, there is usually some kind of settlement for damages.
However, if the victim was injured after the device was recalled, the law typically considers it the victim’s responsibility for the injury because it is up to consumers to stop using products that have been recalled.
What should a victim do with a medical device if they suspect it has caused them injury or illness?
Although a victim may be tempted to just throw away the device, they need to hold onto it as it is will likely become a critical piece of evidence in any future injury litigation. The device, packing, instructions, and any other documentation that pertains to the device should be saved and given to the victim’s personal injury attorney.
What should a victim do if they suspect a medical device has caused them injury or illness?
The first thing a person should do is to get to a medical doctor immediately to determine if there has been an injury and receive treatment. This also documents the injury or illness as evidence in any future personal injury lawsuit. The doctor will be able to diagnose the issue and whether it is actually linked to the medical device.
How does a person know if they tinnitus caused by defective 3M dual-ended Combat Arms Earplugs?
Although many veterans shrug off these sounds as the aftereffects of being in the military, identifying whether or not you suffer from tinnitus:
- Did you serve in the military between 2003 and 2015 and issued 3M dual-ended Combat Arms Earplugs?
- Does anyone else hear the sounds when you hear them?
- Do you only hear the sounds when you have migraines, or do you also have them when you feel fine?
- Are there any medications you are currently taking that could be causing the tinnitus?
If a victim has suffered tinnitus from the defective 3M dual-ended Combat Arms Earplugs, what types of symptoms will they have?
Victims who suffer tinnitus from injuries caused by the defective 3M earplugs suffer from “phantom noises.” These are sounds that the victim can hear but no one else hears them. Buzzing, hissing, loud ringing, roaring, and whistling are just some of the phantom noises victims are forced to deal with.
These sounds can be continuous, or they can be sporadic.
What are the defective 3M dual-ended Combat Arms Earplugs lawsuits about?
There have been thousands of lawsuits filed by military veterans because of defective earplugs manufactured by 3M. The earplugs did not maintain a tight seal, allowing perilous loud sounds to slip through without the person wearing the plugs knowing. The lawsuits contend that 3M knowingly committed fraud against the U.S. military, failing to warn the military and soldiers of the earplugs’ defects, and falsifying earplug test results.
Victims have suffered from significant hearing loss and tinnitus because of the defective plugs.
What does a defective product attorney need to prove to be successful in an injury lawsuit?
An attorney can file a lawsuit if one or more of these elements exist:
- There was a defect in the original design of the toy.
- There was a mistake in some stage of the manufacturing of the toy
- The toy was not packaged, transported, or stored properly and this caused a dangerous defect to the product.
- The manufacturer failed to include sufficient warning about any risks or proper instructions on how the toy should be used.
What should parents do if their child is hurt by a defective toy?
Make sure to seek medical attention for your child right away, even if you think it is only a minor injury. It could end up being much more serious than what it appears to be.
Put the toy in a safe place where it cannot be accessed by any other children. Do not throw the toy away as this will be evidence in any product liability case. Collect all receipts, credit card bill, product packaging, and any other information associated with the purchase of the toy. Then contact a defective product attorney.
How often are children injured because of defective toys?
According to data collected by the Center for Injury Research and Policy at Nationwide Children’s Hospital, a child is injured by a dangerous toy every three minutes. Children under five are more likely to sustain a choking injury while children five and older often sustain injuries from riding toys.
Collisions and falls account for approximately 45 percent of defective toy injuries.
What proof is needed to win a food contamination injury case?
Virginia law recognizes a special "food warranty" that is an obligation on any seller or distributor of foods or consumable or edible products. Food is considered a product and therefore food that is contaminated is considered to be a defective product. Under Virginia’s product liability laws, only strict liability is needed, meaning the victim does not have to prove the negligence on the part of the defendant, only that they put a defective product that was dangerous on the market and that product caused the victim’s injuries.