This week, the largest product liability lawsuit settlement in U.S. history was reached between pharmaceutical giant Johnson & Johnson and the plaintiff’s lawyers who represented thousands of women and girls claiming that J&J’s talcum powder caused ovarian cancer. The suit is worth an estimated $4 billion dollars to be paid by one company alone with millions more from other companies likely coming soon as well which has raised concerns about drug safety protection for consumers going forward
The “product liability lawsuit 2020” is a lawsuit that has been filed against the company. The plaintiff in this case is seeking $10,000,000 in damages.
If a product is sold with a design, manufacturing, or marketing flaw, it may be liable to a product liability lawsuit.
When a product fails to function as intended and causes injury to customers, its makers, designers, and distributors may be held liable.
Drugs with harmful side effects, automobiles that increase the risk of accidents, and gadgets that catch fire are all examples of defective items. If a product on the market has a design, manufacturing, or marketing flaw, it might be vulnerable to a product liability lawsuit.
If a product flaw causes you personal or financial harm, you may be able to bring a lawsuit against the manufacturer, distributor, or retailer.
For the most significant product problems, product liability settlements have topped a billion dollars. Here are some of the most important recent settlements and judgments.
Pella Corp. Windows — $26 Million in 2018
The Pella ProLine aluminum-clad wood casement, awning, and transom windows allegedly leaked and caused wood rot, according to a class action complaint filed against the company.
To resolve the class action, Pella Corp. agreed to pay $26 million. Pella ProLine aluminum-clad wood casement, awning, and transom windows bought between January 1, 1991, and December 31, 2009 may be eligible for reimbursement.
Consumers are entitled for reimbursement equal to the cost of their replacement window, as well as installation, finish, and repair charges, if damage occurs within 15 years of the original window purchase (even if they have yet to replace their windows or to make repairs). Consumers may claim compensation equivalent to 25% of the amount if it happened more than 15 years ago.
Takata Airbags ($1 Billion) (2017)
Takata pleaded guilty to criminal charges filed by the US Department of Justice for its faulty airbags in January 2017.
The explosive chemical ammonium nitrate in the airbags might rupture, hurting passengers with flying metal fragments. At least 20 people have died as a result of Takata airbags, and more than 180 people have been injured. Although the business was supposedly aware of the flaw as early as 2004, no airbag recall was issued until 2015.
The $125 million in compensation for victims was included in the billion-dollar settlement.
Volkswagen Emissions – $15 Billion in 2016
A federal judge granted the biggest civil compensation in automobile history on October 25, 2016. VW offered a $14.7 billion settlement to address claims from VW owners who were harmed by the emissions crisis.
The diesel engines were touted and sold as environmentally friendly, low-emission automobiles by the carmaker. To comply with US requirements, VW modified their turbocharged direct injection (TDI) diesel engines such that pollution controls were only triggered during testing. Vehicles on the road produced 40 times the quantity of nitrogen oxide into the atmosphere.
A total of $10 billion was set aside in the settlement deal to purchase back or repair impacted automobiles. It covers owners of Volkswagen and Audi vehicles with 2.0-liter engines that were sold in the United States. In addition, the corporation agreed to pay $5 billion in environmental cleanup costs.
VW pleaded guilty to breaching the Clean Air Act shortly after the settlement was authorized. The corporation agreed to pay $4.3 billion in fines after six executives were prosecuted.
Unilever (2016) has a budget of $10 million.
Suave Professionals Keratin Infusion 30-Day Smoothing Kit users complained it melted their hair and caused it to fall out.
Suave Professionals Keratin Infusion 30-Day Smoothing Kit was the subject of a class action lawsuit brought by customers in 2012. They said that the product caused their hair to melt and fall out.
In May 2012, the hair product was withdrawn after barely five months on the market.
Unilever agreed to pay $10 to anybody who bought the product, regardless of whether they were injured or not. They also agreed to set up a personal injury fund for class members who had scalp injuries as a result of the product. Members of the class were represented by Morgan & Morgan.
$30 million BMW Mini Cooper (2015)
BMW promised to compensate for a fault that affected Mini Cooper S Hardtops, Clubmans, and Convertibles in November 2015. Because to a problem with the timing chain tensioners, the pistons and valves of the engines collided, causing the engines to seize and cause cars to lose power abruptly.
According to the complaint, the business knew about the flaw since 2008 but did not issue a recall or compensate auto owners who had to repair or replace timing chain tensioners.
BMW has agreed to compensate Mini Cooper owners who have been impacted by the problem with a payment of $30 million. The compensation paid for the replacement of timing chain tensioners and chains, as well as the repair of engine damage caused by defective timing chain tensioners. It also paid owners who lost money on their cars because of malfunctioning timing chain tensioners.
Takeda Pharmaceuticals – $2.4 Billion in 2015
Patients who used the diabetic medicine Actos (pioglitazone) for more than a year had a 40% increased risk of bladder cancer.
Patients who used the diabetic medicine Actos (pioglitazone) for more than a year were 40 percent more likely to be diagnosed with bladder cancer, according to a five-year FDA analysis. Actos’ cancer risk was highlighted by the FDA in a 2011 safety statement.
Takeda was accused of withholding information about the risk and failing to notify patients and physicians about the hazardous side effect in more than 9,000 product liability claims. A $2.4 billion settlement was reached between the firm and the plaintiffs.
Faulty Ignition Switches at General Motors (2015) = $575 Million
In 2014, General Motors issued a recall for 2.6 million vehicles due to defective ignition switches. The engine, steering, anti-lock brakes, and airbags may all be turned off if the ignition switch was accidentally turned off. There were 400 injuries and fatalities as a result of the issue.
With a $575 million settlement in 2015, the corporation agreed to settle 1,380 cases, more than half of the lawsuits in an MDL in federal court in New York.
$1.43 billion in revenue for Stryker Orthopaedics in 2014.
Stryker Orthopaedics settled hundreds of complaints over its Rejuvenate and ABG II hip stems for $1.43 billion.
In 2012, these metal-on-metal hip replacements were recalled due to the risk of corroding in the bodies of patients. Some patients developed diseases as a consequence of the corrosion, as well as discomfort and edema in the surrounding tissue, necessitating revision surgery.
Injured patients might get up to $600,000 under the terms of the agreement.
RJ Reynolds has a net worth of $20 million.
RJ Reynolds was judged 51 percent culpable for the death of Layntie Townsend’s late husband, Frank, by a Florida court in 2010. After years of smoking RJ Reynolds cigarettes, Mr. Townsend died of lung cancer. The tobacco industry has been accused of concealing the harmful consequences of smoking.
Mrs. Townsend was first granted $91 million by a jury. Punitive penalties were ultimately reduced to $20 million.
Mrs. Townsend was represented by Morgan & Morgan lawyers Greg Prysock, Katerine Massa, and Keith Mitnik.
Vioxx by Merck (2007) — $4.85 billion
Patients who used Vioxx for more than 18 months had a twofold increase in heart attack and stroke risk.
After a 2004 research connected the popular painkiller Vioxx to an increased risk of heart attack and stroke, Merck removed it off the market. However, for many patients who had been taking the deadly medicine since its approval in 1999, it was too late.
Patients who used Vioxx for more than 18 months had a twofold increase in heart attack and stroke risk. Merck, however, was accused of knowing about the danger and concealing it, even going so far as to omit instances from clinical trial records, according to complaints.
In 2007, the business agreed to set up a $4.85 billion fund to pay the claims of 47,000 litigants. Individuals who took Vioxx within 14 days of having a heart attack or stroke were eligible to file a claim for reimbursement.
Asbestos, Owens Corning (2000) — $7 Billion
During the twentieth century, Owens Corning was the most prominent fiberglass insulation maker. However, the corporation utilized asbestos in its insulation, placing people who worked with it at danger of acquiring mesothelioma, a lethal lung disease caused by asbestos exposure.
Owens Corning agreed to set up a $7 billion compensation fund to resolve asbestos lawsuits against them in 1998. The firm filed for bankruptcy a short time thereafter.
American Home Products Corp. was founded in 1999 and has a market capitalization of $4.8 billion.
For their fen-phen diet medicine combo, American Home Products Corporation consented to a record-breaking $4.8 billion product liability settlement. The medicine was connected to possibly lethal heart-valve damage, according to Mayo Clinic doctors.
The roughly $5 billion payment was used to settle more than 6,500 cases as well as potential claims against the corporation. Depending on the severity of their injuries and how long they used the diet medicine, injured individuals might earn up to $1.5 million in compensation. Medical monitoring was also included in the settlement for those who used the diet medicine combination but looked to be in good health.
Silicone Breast Implants by Dow Corning (1998) — $3.2 billion
Silicone breast implants were the subject of one of the biggest product liability settlements. The FDA banned the production of silicone breast implants in 1992, claiming that manufacturers had never satisfactorily shown its safety.
Dow Corning was one of the most well-known silicone breast implant producers. 170,000 women sued the firm, stating that their implants had burst within them. The business agreed to pay $3.2 billion to resolve the lawsuits. Depending on their damage, each woman would get anything from $12,000 to $60,000, with $5,000 going to women who requested surgery to remove implants and $25,000 going to those who suffered from burst implants.
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A product liability lawsuit is a legal claim brought against an individual or company for injuries caused by a defective product. The plaintiff must prove that the defendant was negligent, that the plaintiff suffered damages as a result of the negligence and that he/she was not at fault for causing the injury. Reference: defective product cases examples.
Frequently Asked Questions
What is a product liability lawsuit?
A: A product liability lawsuit is a legal action filed against an individual or corporation for the injuries inflicted by their defective products.
Can you sue for product liability?
A: The law of the United States states that a company can be sued through either common or statutory law. A product liability lawsuit would typically fall under both sets of laws, so it could potentially lead to financial damages for either party.
What are the three typical claims for a product liability case?
A: The three typical claims for a product liability case are that the plaintiff has been injured, their property was destroyed or damaged in some way and they were not provided with what they had paid for.
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