Defective Drugs & Faulty Products
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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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  • If I am seriously injured by a product that someone else bought and it's not within the written warranty period, but I know that it's fairly new, can I bring a faulty product claim for my injuries?

    You are not limited to the written warranty timeframe, but that depends on the nature of your injury. Faulty product liability law requires that all products have certain implied warranties, like that they are fit for the normal and usual purpose. Therefore, even if the product only had a 90 day written warranty, and within the very first year it completely fails for the normal purpose of use, causing serious injury, you should consult a faulty product injury lawyer. Many consumers believe they are strictly limited to a written warranty, but a product cannot be completely faulty, or cannot be negligently designed. This area of the law is fairly complicated and you should consult with a product liability injury lawyer at our law firm for a free evaluation.

  • I suffered a serious injury from a faulty product, but I don't have a sales receipt can I still bring a claim?

    There is no requirement that you have an original sales receipt, but there is a requirement that you and your personal injury lawyer must prove a sale occurred. This can be proven in many ways besides having a sales receipt.

    First, you may have some other evidence like a credit card receipt, or the original product packaging, or some other evidence that verifies the purchase. Also, the law doesn't even require that you be the purchaser, like in situations where you get a new product by gift or by simply being near the dangerous product when you are injured.

    Also, in medical device transactions, like where a device is implanted through surgery, you won't likely ever have a sales receipt. 

    So the bottom line is a sales receipt is not required but corroboration is necessary to prove the transaction or sale did occur.  As well as evidence showing the product type, make, and model is critical. Never return that evidence to a manufacturer or distributor without first consulting a personal injury lawyer about the claim.

  • I believe I am the victim of a product recall. I received a letter from the manufacturer. I wondered if there was a benefit to having a local firm represent me.

    As a busy personal injury law firm, we receive dozens of phone calls a week regarding product recalls.  Our firm handles product recall cases.  Most of the advertisements you see on TV involve national law firms based out of the big cities who take dozens and dozens of products recall cases.  If you sign with one of those firms, you will often be treated like one of a herd.  Unfortunately, that's what you will be.  Just another number. 

    At our law firm, we pride ourselves in providing one-on-one customer service to our clients.  This is what made us decide to start working in the mass tort arena.  The mass tort arena is very confusing and, many times, clients don't feel like they can get answers from the bigger firms.  They often deal directly with paralegals and not lawyers.  Unlike bigger firms, if you sign with our firm for your product recall claim, you will have a lawyer with whom you deal directly.  

    Consider contacting our firm if you are the victim of any of these recalls.  We'll show you, first hand, the difference of being treated like the individual that you are, as opposed to just a number.  

  • I have been injured by a defective product, what should I do?

    Here are some tips:

    · 
    Keep the product in a safe and secure location in the same condition it was in at the time of the accident.  It is not unusual for a manufacturer to obtain the product and dispose of it so there will be no evidence through which you can prove your case.

    · Look for and keep all documents related to the product including: packaging materials, instruction books, warranties, receipts, etc.
    · Never give or return the product to the manufacturer, even if the manufacturer promises to return the product after examination or “testing”.
    · Contact an experienced attorney, such as Emily Mapp Brannon, within hours or days after your injury. This can make the difference between winning and losing your product liability case.

  • I received a recall letter from DePuy, what do I do now?

    You should call our firm right away. The letters from DePuy are somewhat misleading. They invite you to provide a great deal of information to DePuy which might impact your claim later on. It is best to discuss your rights with a lawyer who is familiar with the DePuy recalls and litigation.

  • I am concerned about making a claim against DePuy, I don't want to sue my doctor.

    You will not be making a claim against your doctor. Your doctor had no way to know that the DePuy ACR hip replacment device would be recalled. Your claim is against DePuy and we will pursue justice on your behalf against DePuy. 

  • What is MDL and how is it related to DePuy hip replacement recall?

    MDL stands for multi-district litigation. This type of litigation happens often in the arena of recalled products. When a product such as the DePuy ACR hip is recalled, there are often thousands of plaintiffs.  The judicial system allows for the plaintiffs to form a group, or class action, which will present the claims as a whole. This type of litigation saves plaintiffs a lot of time and money by consolidating all the individual cases. The MDL hears the cases as a whole and makes a decision that affects the entire class.

  • My DePuy hip was recalled, how will I pay for my revision?

    This question depends on your personal situation.  If you have health insurance, you should use that to pay for the revision.  When DePuy agrees to compensate your claim you will be compensated for the original and the revision surgery in addition to compensation for your pain and suffering.  If you do not have health insurance, you might be able to have your revision procedure paid for by DePuy and still recover later. 

  • What are Yaz, Yasmin and Ocella?

    They are prescription birth control pills. Yaz and Yasmin were manufactured by the Bayer Healthcare Pharmaceuticals. Ocella is the generic version. Yaz was advertised as capable of treating PMDD (premenstrual dysphoric disorder) and moderate acne. However, the FDA discovered these claims were exaggerated and the advertisements misleading. In addition, women started reported serious, life-altering adverse side effects after taking one of these birth control pills.


    About the editors:
    The motto at Shapiro & Appleton& Duffan law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

  • What are the differences between Yaz, Yasmin and Ocella?

    Yaz, Yasmin and Ocella are "combination birth controls" which means they use two hormones - estrogen and progestin. All three use the progestin known as drospirenone. Yaz is very much like Yasmin and Ocella except it uses less estrogen and is a 24/4 day pill cycle, while Yasmin and Ocella are 21/7 day pill cycles.


    About the editors:
    The motto at Shapiro & Appleton& Duffan law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.