Newsletters

Damages Awarded in Products Liability Lawsuits

Courts award damages to pay back a person for loss or harm resulting from injuries caused by a defective product. The trier of fact (the jury in a jury trial or the judge in a bench trial) decides the amount of damages. The trier of fact has broad discretion in setting the amount of damages. The following are some of the factors considered in making an award: the injury, the need for future treatment, any disability, pain and suffering, age, occupation, and pre-injury health. A person's life expectancy is also considered if the injury is permanent.

Pharmacists' Liability for Improperly Dispensing Prescription Drugs

Only pharmacists are allowed to compound, package, label, and dispense drugs. In order to dispense a drug, the pharmacist needs a prescription from a physician or other licensed practitioner. The pharmacist exercises discretion in performing his/her job. This article discusses a pharmacist's liability for improperly dispensing prescription drugs.

Smoke Detector Litigation

Smoke detectors are invaluable in saving lives. It is estimated that three-fifths of all deaths from home fires occurred in homes without smoke detectors. But what happens when a smoke detector fails to alert residents of the presence of smoke? Who is responsible for smoke detector failure?

The Physician's Liability for Drugs and Medical Devices

Most medical treatment uses some form of drug therapy. Consequently, most medical malpractice actions have a drug liability aspect. A physician has a duty to exercise the skill and care generally shown by competent physicians with similar training in diagnosing a condition and prescribing drugs or medical devices. If not, the physician can be held liable for professional negligence or medical malpractice.

Thimerosal Litigation

Thimerosal is a preservative added to prevent contamination in vaccines. It is nearly half mercury by weight. According to a 1998 study by the Center for Biologics and Research (CBER) of the U.S. Food and Drug Administration (FDA), thimerosal was present in at least 30 licensed vaccines in the United States.