Virginia Products Liability Attorneys

Types of Defective Products

Virtually any kind of product can be defective and pose a risk - whether it's a part of your car that didn't work as it should have, a child's toy that causes injury, or a prescription drug that results in major side effects.

Some of the most common defective product injuries occur due to:

• Defective vehicles (including airbag and seatbelt failure)
• Stryker hip replacement products
• Faulty machinery and equipment
• Flawed medical appliances
• Defective life jackets
• Defective consumer and household products
• Products causing explosions and burns
• Transvaginal mesh
• Talcum powder
• Products causing explosions and burns

Defects usually occur during the design process or the manufacturing process, but they may also involve inadequate instructional manuals or faulty safety devices.

Dangerous Drugs

Drugs can involve a wide range of potential side effects and complications. Pharmaceutical companies have a responsibility to carefully test their products and clearly communicate potential conflicts to doctors and patients alike. Unfortunately, some drug manufacturers allow their products to remain on the market even when they are well aware of the dangerous nature of some of the side effects.

At Kalfus & Nachman PC, our Virginia defective product attorneys handle many different types of defective drug cases, including:

• Januvia, Byetta, Janumet, and Victoza
• Contaminated steroid injections
• Testosterone replacement therapy for women and men
• Lipitor
• Plavix
• Actos
• Accutane
• Darvon and Darvocet
• Yaz and Yasmin

Product Defect Investigations

Understanding the cause of the product defect and how it led to your injuries is crucial for building an effective product defect case. When there is more work to be done to uncover the key details of your accident and injuries, we can conduct a thorough investigation.

During the investigation, we might be able to get more information from:

• Defective product: The defective product itself is usually the best source of information about the defect and what happened. Do not send the product back to the manufacturer. Allow our team to investigate, analyze, and test it first. When we have concluded that we have learned all we can from it, we can then discuss whether or not it should be surrendered to the manufacturer and opposing counsel.
• Medical reports: The reports created by your medical provider during the course of your treatment can reveal details of your injuries that clarify the link between them and the defective product. We can work with your medical provider to make the most of their notes, observations, and prognoses.
• Government inspections: Government entities like the Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA) might have already investigated the same type of product that hurt you. Inspection records from such agencies can be incredibly powerful when proving a claimant’s argument as factual and that the defect was not “just a fluke.”
• Internal documents: The manufacturer of the defective product might have internal documents that detail the dangers of the products. Sharing those documents won’t be something they want to do, though. Our attorneys can use investigative techniques and subpoenas to get internal documents that bolster your claim.

Strict Liability or Negligence?

Your product liability claim can be based on:

• Strict liability: Many defective product cases involve strict liability rules that require you only to prove that the product was defective. You do not need to try to prove that the manufacturer was negligent. This rule creates a lower evidential bar for you to surpass compared to a claim based on negligence.
• Negligence: Other product defect cases require you to prove that a manufacturer, distributor, or vendor was negligent at some point and that negligence led to or contributed to the product’s defect that hurt you. Product defective cases based on negligence are typically more difficult to win as a claimant because it involves the additional step of proving that the defendant’s negligence breached a duty of care owed to you, the consumer.

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We represent victims of product liability in Norfolk, Newport News, Roanoke, and nearby areas of Virginia and Northeast NC. "Tell Them You Mean Business!"