FREQUENTLY ASKED
QUESTIONS ABOUT
PRODUCT LIABILITY REGARDING EPHEDRA
What is product liability?
What is Ephedra?
What is Ephedra used for?
What problems have been associated with use of the drug?
Do Ephedra users have a right to be compensated for any health
problems caused by Ephedra?
What types of products contain ephedra?
What steps have been taken to regulate this product?
What is a “failure to warn” claim?
What kind of claims can be brought for product liability?
What is strict liability?
What is negligence?
What is breach of warranty?
What damages does the law allow in product liability cases?
What are economic damages?
What are noneconomic damages?
What are punitive damages, and may they be recovered in product
liability cases?
If I bring my case to you, what will you do?
How do I know that you will do a good job on my case?
What are your fees?
Q. What is product liability?
A. Product liability is the body of law that provides for
compensation for physical injuries resulting from defective and unreasonably
dangerous products and from the failure of a manufacturer or seller to warn
the consumer of product dangers.
Q. What is Ephedra?
A. Ephedra is a shrub-like plant found in desert regions
throughout the world. The dried green stems of the three Asian species are
used medicinally. Common names are ma huang, Desert tea and Mormon tea. The
active medicinal ingredients in ephedra are ephedrine and pseudoephedrine.
Q. What is Ephedra
used for?
A. Ephedrine and pseudoephedrine are commonly used for their
broncho-dilating and decongesting properties. Ephedra (ma huang) is commonly
found in herbal weight-loss products, and may be referred to as "herbal fen-phen".
Pseudoephedrine is a common ingredient in many cough/cold remedies and allergy
medications, and in some weight-loss aids. Ephedrine-containing products are
promoted for enhancement of athletic performance or body-building efforts.
Ephedrine in also in a product known as "herbal ecstasy", which is promoted
to induce a euphoric state and to cause heightening of awareness and sexual
sensations, and is sold as a natural counterpart to the street drug.
Q. What problems
have been associated with use of the drug?
A. Ephedrine-containing herbal products have been associated
with adverse cardiovascular events (heart attack and stroke), seizures and
even death. Ephedra-containing products have also been associated with the
development of kidney stones when use of the product is prolonged.
Adverse effects are usually associated with long-term consumption of ephedra-containing
products and with consumption of such products in excess of labeled serving
sizes. However, there have been reports of problems occurring with the first
use of the product, and when the product was used according to label directions.
Q. What types
of products contain ephedra?
A. Ephedra is found in many "natural" products used for
weight loss, energy, body building or cold/allergy relief.
Q. What steps
have been taken to regulate this product?
A. In June 1997, the FDA proposed a rule to establish a dosing
regimen, require warning statements, and affect other aspects of labeling for "dietary
supplement" products containing ephedrine alkaloids. In July 1999, the U.S.
General Accounting Office (GAO) concluded that the FDA's concern about ephedra-containing
products was justified, but that the agency had relied too heavily on adverse-event
reports that has not been sufficiently investigated. On April 4, 2000, the
FDA announced that it was withdrawing some of its proposed regulations about
dosage and length of use and would not implement other provisions until it
has completed further review as recommended by the GAO report. The FDA is not
withdrawing two provisions of the proposed rule. One is a prohibition on the
use of ingredients with stimulant effects (such as caffeine) with dietary supplements
containing ephedrine alkaloids, and the other is a warning statement which
cautions consumers not to use the product if they have certain diseases or
health conditions or are using certain drugs, and to stop the use of the product
if they develop certain signs or symptoms (dizziness or severe headache, which
can be early symptoms of hypertension or stroke).
Q. Do Ephedra
users have a right to be compensated for any health problems caused by
Ephedra?
A. If Ephedra has caused you or a loved one significant
physical damage, you may be entitled to a large compensatory award. You must
protect those legal rights before they lapse by passage of time and are barred
by various states' statutes of limitations. You should contact us to evaluate
your rights. Many valuable legal rights are lost everyday because of peoples'
failure to take legal precautions. Call us now at 1-800-DRUG
LINE to protect your rights. Or E-Mail us
for more information.
Q. What is a “failure to warn” claim?
A. Failure to warn is the claim that a manufacturer failed to provide directions for the safe use of a product.
Q. What kind of
claims can be brought for product liability?
A. The alternative theories of liability in a product liability
case are (1) strict liability; (2) negligence and (3) breach of warranty. Sometimes
all three theories are pursued in one case.
Q. What is strict liability?
A. Strict liability is the legal principle that a person
or company which sells a product in a “defective condition” that is
unreasonably dangerous to the ordinary user may be liable for any physical
injuries. The defect may be in the product’s design or manufacturing, in
the product’s container or packaging, or in the instructions or warning
necessary for the product’s safe use. In a strict liability case, the injured
person is not required to prove the manufacturer or seller was negligent.
Q. What is negligence?
A. Negligence is a breach of a duty owed by the manufacturer
to the user in light of the reasonably anticipated harm arising from all reasonably
foreseeable uses of the product. The duty includes design, manufacturing, instructing
and warning. In a negligence case the injured party must prove a violation
of a standard of reasonable care by the manufacturer in the manufacture of
the product.
Q. What is breach
of warranty?
A. A warranty is an expressed or implied representation
about the product to the consumer. Common warranties are that the product is
fit for the ordinary purpose for which it is used or that the product is fit
for a particular specific purpose. Breach of warranty generally means that
the product did not perform as represented or expected.
Q. What damages
does the law allow in product liability cases?
A. Generally, the plaintiff is to be reasonably compensated
for all injuries and losses resulting from the occurrence in question. Damages
are split into two general categories: economic (past and future), and noneconomic
(past and future).
Q. What are economic
damages?
A. Economic damages include almost everything that can
be replaced with a checkbook. This category of damages is very broad and
will vary from case to case. Economic damages can include the reasonable
expenses of necessary medical care; hospitalization and treatment; loss of
income or earning capacity; the reasonable value of services provided by
family members for free; the cost of hiring others to perform normal household
duties; and the loss of the injured person's services to his or her spouse.
These losses are projected into the future based, among other factors, on
medical testimony regarding continuing disability and future needs.
Q. What are noneconomic
damages?
A. Noneconomic damages are those losses which cannot be
quantified in a dollar amount. The most prominent examples are pain and suffering,
mental anguish, inconvenience, physical impairment or disability, disfigurement,
and loss of enjoyment of life. The importance of categorizing damages as economic
or noneconomic lies in the fact that noneconomic damages are sometimes limited
under some state laws. We often see cases where people's lives are devastated
by catastrophic injuries, but if they are children or elderly, economic losses
are limited and the capped amount of noneconomic damages is unfairly inadequate.
Q. What are punitive damages, and may they be recovered in product liability cases?
A. Punitive damages are not based upon the severity of the injury to the plaintiff, but rather upon the need to punish the defendant and deter others from engaging in like conduct. Before punitive damages may be awarded, the plaintiff must prove that the defendant acted in a “wanton or intentional” way, which includes the “reckless disregard” of a known danger to the plaintiff’s health and safety. This must be proven by clear and convincing evidence. Punitive damages are extremely rare, but available in appropriate circumstances.
Q. If I bring
my case to you, what will you do and how much will it cost?
A. First of all, we will not charge you for any of the
time we spend visiting with you or for the cost of investigating your case.
We start with an interview to determine the facts as you know them, and make
a judgment about whether the case is one which falls within our expertise
and interests. The ensuing investigation begins with the collection of all
pertinent records, including accident reports, product literature, company
brochures, and medical records. We ask you to sign releases authorizing us
to obtain these records. We then review and analyze the records. If we believe
there is a strong possibility that a product was defective, we will submit
it to the appropriate experts for review, asking them for their opinions
on the issues of the defective nature of the product, damages and causation.
If, after consultation with experts, we believe that we can satisfy our burden
of proof, we recommend that the case be filed.
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Q. How do I know
that you will do a good job on my case?
A. We believe that our experience and results in product
liability cases count. We have a commitment to getting an excellent result
in every case we decide to pursue, and our track record and credibility are
extremely important to us. Please keep in mind, however, that every case is
different and no result is guaranteed. All we can promise is our best effort
on each and every case.
A. Balkin & Eisbrouch handle all cases on what is called a contingency fee. This means that no fees or costs are charged unless we collect money damages for you. We advance all costs for investigators, court reporters, expert witness testimony, accident reconstructionists, filing fees and any other expenses related to your case. All of the consultations with our office are absolutely free. When you recieve compensation, meaning we have successfully concluded your case, either by settlement or litigation, our fees are a percentage of the gross settlement. This percentage is agreed upon before we begin work on your case and is generally between 20% and 40%. The percentage depends on the complexity and type of case.
No Recovery, No Fee!
We know most people can't afford high, hourly legal fees. That's why we work on a contingency basis. This means you won't pay anything, unless we recover money for you.
If you or someone you love has been injured in a car accident anywhere in the United States, Canada, Puerto Rico and all American possessions, let our experienced auto accident lawyers help you receive the compensation you deserve.
Email us or call us today at 1-800-RESULTS.
"THE RESPECT YOU DEMAND. THE RESULTS YOU DESERVE."®
Balkin & Eisbrouch, LLC
A National Law Firm
"Making Things Right For Over 35 Years"
