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Pharmaceutical Litigation And Personal Injury Law Blog

Medical malpractice: System and operator errors in EHR systems

Electronic health records (EHR) are fast replacing handwritten and typed medical records of patients. The aim is for physicians to provide better care, create a healthier population and lower the per capita health care costs. So far, it has improved documentation and legibility of medical documents and records.

Company recalls 600,000 defective drug inhalers

Illnesses and injuries can limit people's ability to perform daily tasks, which can range from annoying to devastating, depending on the limitations. In order to make life better and to improve one's health, people rely on prescription medication. Due to this reliance, they expect the prescription drug to work as advertised.

However, in many situations, the person in need may receive a defective drug. This can actually put the person in a worse situation than before they took the defective drug.

Manufacturers' indemnification of sellers for defective products

Before products end up in consumers' possession, the product must be invented, designed, assembled and sold. This generally involves a few different people or companies. Two main entities have the greatest part in getting the product to consumers, though.

This is the manufacturer and the seller. The manufacturer generally creates the product and its parts, and the seller sells the completed product to the consumers. Unfortunately, for the consumer, sometimes, the products they purchase are defective and can cause significant injuries to the consumer, depending on the type of defect. If the consumer is injured because of the defective product, he or she may be entitled to compensation for their injuries though.

Types of drug recalls from the FDA


There are many things that people in Texas purchase to improve their lives. This could be various technology to assist in common household tasks or better televisions, phones and other electronics to make life more enjoyable. People also buy things to improve their bodies and health as well, like vitamins, supplements or pharmaceutical drugs.

When people purchase these various items, they expect them to work as they are supposed to work. Defective products cannot only be inconvenient, but also can be dangerous. This is especially true when people are taking pharmaceutical drugs.

Defective shoulder implant device recalled by FDA

There have been many medical devices invented over the years and people have received these devices. Medical devices are valuable and allow people to do things they could not do before or allow them to do things without pain. However, they need to work as intended to be effective. If the design was defective or faulty, the medical device can actually do more damage than there was before the device was implanted in the body.

When a device is found to be defective, it may be recalled by the FDA to prevent future injuries involved with the defective medical device. The FDA was recently forced to do this for a shoulder implant developed by Zimmer Biomet because there was a higher rate of fracture than stated on the label.

NFL Concussion Settlement Opens To Claimants

NFL Concussion Settlement.png

If you or a loved one has been injured by a concussion while playing in the NFL, the window of opportunity to register and file a claim for compensation as a part of the NFL concussion settlement is now. Time is limited.

Retired NFL football players who are experiencing specific neurological disorders may be awarded up to $5 million dollars each, based on the settlement approved by Federal District Judge Anita Brody.

Truck drivers not allowed to text while driving


Products are made all over the world, as well as all parts of the United States, and transported to Texas. The products may arrive by planes or boats, but eventually most products end up in trucks to get them to their final destination. Therefore, there are many semi-trucks on the roads each day and they encounter many other vehicles. It is very important that the truck drivers are paying attention are driving trucks that are safe to drive.

When semi-trucks cause accidents, usually the other vehicles involved in the accidents suffer the worse damage and suffer the most severe injuries. Sometimes the truck accidents result in the deaths of the victims or cause permanent injuries that completely change a person's life forever. To help reduce the number of accidents involving semi-trucks, there are many regulations that drivers and truck companies must follow to help keep the roads safe.

Holding manufacturers accountable for defective drugs

People get sick and hurt every day. There is no one who is completely immune from these things and at some time it is most likely bound to happen. There are also many drug companies who have developed drugs to help either cure people of at least diminish the effects of these illnesses or injuries. These drugs can be very helpful when taken correctly, and in some cases even save lives.

People rely on the drug companies to make safe drugs that will have their intended effect. They assume that when they take the medication according to the prescription or directions on the bottle, that it will be safe. Any time someone takes a drug, there can be side effects though. People assume these things, but they want to be informed at least prior to taking the drug. That way they can at least know the risks ahead of time and make the proper decision about whether to take the drug and how to take it.

Overcoming the presumption that certain products are safe

There have been many inventions and products over the years that help people in Texas with many different projects or actions. Some products are better than others, but overall life has become much easier because of these various products. Sometimes these products break though. This can be frustrating, but it can become a real big problem if the product causes an injury to the user. These injuries can be very serious and change a person's life.

The government has an interest in keeping its citizens safe as well. So, the government sets certain safety standards for products. Generally, if these safety standards are followed, the people using the products should be safe. However, that is not always the case. If someone is injured because of an unsafe product, they may be able to receive compensation for the injury. In order to obtain this compensation, the victim may need to file a products liability lawsuit in civil court.

'Strict liability' for defective medical devices

When we discuss liability in medical injury cases, we often focus on the idea of 'negligence.' There is good reason for this, as most cases when it comes to, say, a bad batch of medicine, or a medical device that is designed improperly, turn on whether there was someone at fault for the injuries that occurred due to the use of the medicine or device. However, this is not always the case.

Readers of this blog may recall that there are basically three types of defects that can occur with a medical device. These are design defects, manufacturing defects and warning defects. For most design and warning defects, whether someone was negligent when planning the device or writing or issuing the warnings may be important. However, for many manufacturing defect cases, it doesn't matter how careful the manufacturer was in creating the process that made the device; if the device was made badly, and that fault in the device itself caused injury, the manufacturer may be liable.

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