FREQUENTLY
ASKED QUESTIONS ABOUT
PRODUCT LIABILITY REGARDING PROPULSID
What is product liability?
How serious are the health hazards associated with Cisapride
(Propulsid)?
What types of adverse effects have been associated with the
use of Propulsid?
Do Propulside users have a right to be compensated for any
health problems caused by Propulsid?
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. How serious
are the health hazards associated with Cisapride (Propulsid)?
A. Propulsid was approved for the treatment of night-time
heartburn in adults in July, 1993 and will be withdrawn as of July 14, 2000.
The US Food and Drug Administration estimates that 381 cases of heart rhythm
abnormalities and 80 deaths associated with the use of Propulsid have been
reported as of March 24, 2000. Five(5) times between the date the drug was
approved and January, 2000, the labeling for the drug was made progressively
stronger, warning about life threatening reactions to use of the drug.
Q. What types
of adverse effects have been associated with the use of Propulsid?
A. Cases of serious cardiac aerhythmias, including ventricular
fibrillation, ventricular arrhythmias and torsades de pointe and QT prolongation,
cardiac arrest and sudden death have been observed in patients taking Cisapride
(Propulsid). In rare cases, seizures have been reported. Nervous system side
effects have included headaches, dizziness and fatigue. The FDA has advised
that patients with any of the following conditions should not take Propulsid:
- history of irregular heartbeats
- abnormal ECG or EKG
- heart disease
- kidney disease
- lung disease
- low blood levels of calcium, magnesium or potassium
- eating disorders, dehydration or persistent vomiting
Q. Do Propulsid
users have a right to be compensated for any health problems caused
by Propulsid?
A. If Propulsid 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 people's 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.
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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"
