Infant Injury Due to Defective Products
New Jersey Infant Injury Due to Defective Products Lawyers
A baby’s health and safety is the highest priority for everyone. However, tragically, thousands of children are injured or killed each year due to defective and dangerous products including medical devices or infant products that may sometimes cause unintended harm to your infant.
A product is considered defective when it is unreasonably dangerous to the user or consumer. For example, medical devices can help save and improve lives. However, if a faulty design prevents a medical device from being utilized in a safe and effective manner, it could potentially cause injury to your infant. When this standard is met, the manufacturer and distributor of the product can be held strictly liable for injuries the product causes. This means that the plaintiff need not prove negligent fault. If the product is defective and causes injury, the manufacturer ought to be held responsible for the harm the dangerous product causes. Products manufacturers may also be sued for negligence and breach of warranty. Whether it is a faulty design or contamination during the manufacturing process that causes the injury to your infant, in some instances, the injury is irreversible.
The U.S. Food and Drug Administration (FDA) has to approve all medical devices before they are sold in the United States. However, this does not mean that FDA-approved devices do not necessarily suffer from manufacturer’s defects. Many problems and side effects can be observed and discovered throughout the passage of time.
If a defect is discovered in a medical device, it is the manufacturer’s duty to report the defect to the FDA and the public, in addition to providing warnings about the potential harm that may arise. If the manufacturer fails to warn the FDA and the public about a defective medical device this is considered negligent which can make the company liable for any injuries or illnesses that develop as a result of the product defect. The manufacturer may even be held liable for the death of the infant-victim.
What other types of defective products may cause infant injury?
Defective products that may cause injury or harm to your child include:
- Medical devices
- Infant formulas
- Infant car seats
- Infant medications, including Infants’ Tylenol
- CPAP devices, including Infant Nasal CPAP Prongs and Bubble CPAP Starter Kits
- Medications that lead to birth defects, such as Zofran or Topamax
- Infant toys
- Cribs, strollers, or household items
What are common risks associated with defective products?
If a manufacturer learns that one of their products is defective and may lead to potential harm or infant injury caused by defective product, they may issue a recall of the product from the market. The most common hazards leading to recall include serious injuries, such as:
- Oxygen deprivation
- Losing an appendage or limb
- Cuts or laceration
- Discomfort or harm
Our dangerous child product attorneys see it as their obligation to these injured children, their parents and other similarly situated consumers to vigorously investigate the circumstances surrounding these tragic incidents. We also seek to hold irresponsible manufacturers accountable for the serious harm that they cause.
If you believe a child has been injured due to a dangerous and defective product, contact the defective product for a free consultation at the New Jersey law firm of O’Connor, Parsons, Lane & Noble. You can simply Contact us online or call 1-908-251-9368 or 1-800-586-5817 for a free no obligation consultation.