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Plaintiffs in Product Liability Lawsuit Against Bayer Claim Failure to Warn

Passaic County NJ Medical Device Injury LawyerAfter a series of product liability lawsuits claiming Bayer Corp. failed to warn patients about the potential risks associated with one of its birth control implants, a California judge recently granted a motion to allow for coordination among the plaintiffs’ cases. This significant decision will allow plaintiffs and their attorneys to share information, pool resources, and gain traction as they move forward.

The medical device in this case is the Essure birth control implant, manufactured by Bayer Corp. The underlying argument among the plaintiffs is that Bayer failed to inform medical professionals and the FDA that the implant may pose dangerous health risks, including chronic pain, bleeding, a perforated uterus, and unintended pregnancy.

Failure to warn is one of the most common types of product liability litigation. The law requires that medical device manufacturers and pharmaceutical companies inform medical professionals of the potential risks associated with their products. If they inform doctors, nurses, and other medical professionals who prescribe or use their products of these risks, medical professionals are then required to inform their patients. In product liability failure to warn cases, it is essential identify where negligence lies. In other words, was it the manufacturer or the medical professional who failed to fulfill their duty? An experienced product liability attorney can assist with determining fault and advocating for those injured by dangerous products.

As for the Food and Drug Administration, this regulatory body enforces the safety standards associated with pharmaceutical drugs and devices. If a manufacturer fails to inform the FDA when findings of potential risks exist, the manufacturer can be held liable for injuries to the innocent patients who utilized their products. In other cases, a manufacturers’ failure to comply with the labeling requirements imposed by the FDA can lead to product liability claims. However, simply providing the appropriate labels does not absolve a medical device or implant manufacturer from liability for failure to warn.

At Fronzuto Law Group, we concentrate our practice on product liability and medical malpractice litigation, aggressively advocating for injured victims and their families in New Jersey and New York. To discuss your potential claim and find the answers to your questions, contact our Passaic County offices at 973-587-6880 for a cost-free initial consultation.

For additional information pertaining to this case, access the following article: In Win for Plaintiffs, Oakland Judge Takes Control of Bayer Suits

NJ Medical Malpractice Suit Follows Infant Death Due to Delivery Errors

A husband and wife from Pennsylvania recently filed a medical malpractice lawsuit in Mercer County in connection with the death of their infant son. The couple has cited the medical center, two doctors, and four nurses for negligence in the delivery of the baby, who subsequently died due to lack of oxygen to the brain.… Continue Reading

CDC Issues Guidelines for Treating Infants with Zika Virus

As the Zika virus continues to proliferate, generating alarm among the international community, the United States Centers for Disease Control and Prevention (CDC) recently released new guidelines for pediatricians and other medical professionals who are treating infants diagnosed with Zika virus. The Zika virus is spread primarily through infected mosquitoes. It drew international attention and concern… Continue Reading

Pregnant Woman Dies After Brain Injury at Hospital

The family of a Florida woman was recently awarded nearly $4.3 million after the negligence of medical professionals resulted in her tragic death while 33 weeks pregnant. The victim in this case was 24-year-old Patricia Belzi, who arrived at Plantation General Hospital in August of 2014 while 33 weeks pregnant. Belzi was experiencing shortness of breath when she entered the… Continue Reading

Failure to Diagnose Infection Leads to Paralysis, $4.25 Million Verdict in Medical Malpractice Case

An Indiana man was recently awarded $4.25 million in damages in a medical malpractice case that began over 10 years ago, when he was paralyzed below the waist due to medical professionals’ failure to diagnose and treat an infection. The victim in this case, Robert Lehman, sought treatment at the Dunlap Urgent Care Center in 2005, after sustaining a… Continue Reading

Court Awards $53 Million to Boy Born with Brain Injury after Fetal Distress

Following a month-long medical malpractice trial, a jury recently awarded $53 million to a young boy who suffered a hypoxic brain injury after physicians failed to recognize and treat fetal distress during his delivery. The mother of the young boy, Lisa Ewing, arrived at the University of Chicago Medical Center in April of 2004 to deliver her… Continue Reading

Hospital and Medical Device Manufacturer Facing Lawsuits After Man Dies of Bacterial Infection

A medical device manufacturer and a Pennsylvania hospital are facing multiple lawsuits after two patients contracted a bacterial infection following open-heart surgery, one of whom tragically died as a result. By way of background, these cases follow an announcement made by Pennsylvania’s York Hospital, which informed patients who had open-heart surgery between October 1, 2011 and July 24, 2015… Continue Reading

Improving Health Care by Studying Medical Malpractice Lawsuits from the Past

In an interesting development in the field of medicine, medical malpractice insurers have begun combing through thousands of medical malpractice lawsuits from the past to identify common themes in these claims. By recognizing emerging similarities, doctors, hospitals, and medical facilities are better able to prepare for, prevent, and proactively address threats to patient safety. Today,… Continue Reading

Failure to Warn Doctrine Affirmed in Pharmaceutical Product Defect Case

In a recent pharmaceutical product defect case involving pelvic mesh, a New Jersey Appellate Court upheld an $11.1 million verdict, affirmed the applicability of the failure to warn doctrine, and issued a decision that has far-reaching implications for pelvic mesh implant litigation both in New Jersey and nationwide. The case in question involves plaintiff, Linda… Continue Reading

Woman Files Medical Malpractice Claim After Surgical Error Leaves Her Paralyzed

A woman recently filed a medical malpractice lawsuit against an Iowa hospital after a catastrophic surgical error left her paralyzed, neurologically impaired, and in need of 24-hour care. The aforementioned case began in 2014, when 52-year-old Joyce Bohren sought treatment at University of Iowa Hospitals and Clinics for hearing difficulties. Physicians soon identified two benign tumors, called meningiomas,… Continue Reading

The Fronzuto Law Group is a boutique medical malpractice & product liability law firm with additional specialization in birth injuries and pediatric medical malpractice.

  • Our Firm's Founder, Ernest P. Fronzuto: New Jersey Supreme Court Certified Civil Trial Attorney

  • From Connecticut to California,

    we consult on complex pediatric malpractice cases across the nation.

    Pediatric Malpractice
  • Over $25 million recovered in the last 3 years.

    "After winning a favorable settlement, Ernie and his group are still answering my questions and guiding me through long-term matters."

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    "Ernie is a gifted litigator who made our family feel comfortable and safe. He protected us every step of the way. Our case was long and complicated and not only did Ernie learn about this rare condition, he became an expert!"

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