Product Liability Attorneys
At Wagstaff & Cartmell, we are proud to be one of the leading product liability litigation firms across the country. Our attorneys are well-versed in laws that protect consumers against harm posed by defective or unsafe medical products, and we have successfully represented thousands of clients who have been injured by dangerous drugs or defective medical devices.
In 2016, 30,033 product liability claims were closed after an average litigation period of 19 months in the state of Missouri. Of these 30,033 claims, only 524 (about 1.75 percent) were closed with payment to the plaintiff. This shocking statistic shows that while many Missouri product liability claims are filed and closed each year, only a very small fraction of plaintiffs ever see compensation and justice for their pain and suffering.
Medical and pharmaceutical companies will often seek to have cases dropped by attrition, dragging legal proceedings out until a plaintiff no longer wishes (or can no longer afford) to pursue legal action against them. We take a stand for those who may not be able to fight back against these industries by aggressively representing our clients in a way that yields results. We want our clients to be able to focus on what’s important—rest and recovery—so we handle the rest so that they can get back on track.
For this reason, Wagstaff & Cartmell is a destination of choice for many referring lawyers around the nation. Our results in this area, totaling in the hundreds of millins of dollars, are substantial, indicating the legal acumen and effectiveness we bring to our cases and our clients.
What is a Product Liability Claim?
A product liability claim means that you are holding manufacturers, designers and/or sellers of the product liable for any personal injuries or wrongful deaths sustained as a result of using a dangerous product.
For a product liability claim to arise, this product must have been sold in the marketplace. Liability may rest with a party involved in a defective or dangerous product’s distribution, including:
- Manufacturer of the product;
- Manufacturer of component parts of the product;
- Assembler or installers of the product;
- Distributor of the product; and
- Retail stores that sell the product to the consumer.
Products can be defective in several ways, and claims can be brought to responsible parties based on:
- Design Defects: Inherently unsafe products, even before manufacturing, due to flawed design.
- Manufacturing Defects: Defects that occur during manufacturing or assembling that result in an unsafe product.
- Marketing Defects: Inadequate safety warnings, improper labeling or insufficient instructions which result in unsafe product or administration practices.
As often as there are innovations within the medical and pharmaceutical industries, there are setbacks that can have serious—if not deadly—consequences. While some of these devices have been known to cause complications for years, some procedures and devices have only just recently been discovered to cause unnecessary risk to health and well-being. Regardless of how much time has passed since implementation, you may be entitled to compensation if you have been harmed in any way by a defective or harmful medical device or drug.
Our team of product liability attorneys are actively seeking cases from who have experienced injuries or complications from the following devices:
Wagstaff & Cartmell is actively pursuing cases regarding the following pharmaceuticals and medical devices:
- Transvaginal Mesh – Used by women, this device has been shown to lead to numerous vaginal, urinary, and GI complications.
- Male Mesh Slings—Used by men to treat urinary incontinence or leakage of urine
- DePuy and Pinnacle Hip Implants – These metal-on-metal implants can cause pieces of metal to fray in the body leading to tissue death, metalosis, pain, and difficulty walking and standing. Learn more about the DePuy Hip Recall.
- Zofran – an anti-nausea medication that is used off-label on pregnant woman for morning sickness. It causes cardiac and cleft palate birth defects in fetuses exposed in the first trimester.
- Depuy Pinnacle Hips – these metal on metal hip replacements have caused a multitude of issues such as metallosis and hip failure requiring additional surgeries
- Depuy Attune Knee Replacements — associated with tibial displacement, loosening and pain
- Intravenous Catheter Filters (IVC Filters) — intended to prevent clots from reaching the heart and lungs, these devices instead fail in a number of ways leading to numerous problems for the patient, including breaking apart, perforating the inferior vena cava and surrounding organs/vessels/structures, migrating to the heart and lungs, and causing massive thrombosis and clotting.
- Proton Pump Inhibitors – used to treat heartburn and acid reflux, these drugs cause chronic kidney disease, acute kidney injury, acute interstitial nephritis and kidney failure
- Mirena IUD – these devices are associated with increased rates of Pseudotumor Cerebri
- Byetta – This diabetes drug has been linked with pancreatitis and thyroid and pancreatic cancer.
- Talc Cancer Cases —Use of Johnson and Johnson Baby Powder and Shower to Shower products causes ovarian and mesothelioma cancers.
- Testosterone Replacement Therapy – advertised and marketed as the “fountain of youth” for men, this product increases the risk for men who take it of suffering deep vein thrombosis, pulmonary embolism, heart attack, stroke, and other clotting and cardiovascular injury.
- Invokana – Diabetes medication that increases the risk of diabetic ketoacidosis (“DKA”) and amputations of the toes, feet and legs.
Leading the Way with Results
Wagstaff & Cartmell attorneys are often named to the plaintiffs’ leadership teams of the country’s largest drug and device cases. These leadership roles, often in multi-district litigation (“MDL”) arise from our past successes, extensive experience, and excellent reputation of our lawyers in this mass tort and product liability cases.
Some appointments have included:
- Plaintiff’s Executive Committee, Co-Lead Counsel, In re Ethicon Products Liability Litigation, MDL No. 2327 (S.D. WV)
- Plaintiff’s Steering Committee, Co-Lead Trial Counsel, In re Avandia, MDL No. 1871 (E.D. Pa.)
- Plaintiff’s Steering Committee, In re Zoloft, MDL No. 2342 (E.D. Pa.)
- Plaintiff’s Steering Committee, In re Depuy Pinnacle Hip Implants, MDL No. 2244 (N.D. Tex.)
- Plaintiff’s Steering Committee, Co-Lead Trial Counsel, In re Bextra and Celebrex, MDL 1699 (N.D. Cal.)
- Expert Committee Leader and Bellwether Trial Committee Leader, In re Ethicon Products Liability Litigation, MDL No. 2327 (S.D. WV)
- Plaintiff’s Steering Committee, Trial Counsel, In re Kugel Mesh Hernia Patch, MDL No. 1842 (D.R.I.).
- Plaintiff’s Steering Committee, In Re: Infusion Pump Cases, JCCP No. 4615
- Science Committee, In re Yasmin, MDL No. 2100
- Science and Experts Committee and in charge of Secondary Science Document Review In re Benicar (Olmesartan) Products Liability Litigation, MDL 2606 (D. NJ)
- Plaintiff’s Steering Committee In re Cook Medical, Inc., IVC Filters Marketing, Sales and Products Liability Litigation, MDL 2570 (S.D. Ind.)
- Plaintiffs’ Leadership Counsel, consolidated action Dunson, et al., v. Cordis Corporation, et al., Case No. RG16812476 (Superior Court of Ca. for Alameda County)
If you or a loved one has been negatively impacted, injured or suffered a wrongful death due to a mass tort drug or product liability issue, contact us as soon as possible to discuss your case and how we can help you find justice.