Greenville Product Liability Lawyers

If you’ve been injured by a defective product intended to improve your health or help you medically, you owe it to yourself to find out if you are due compensation. At Christian & Christian Attorneys at Law, our mission is to come alongside people who have been hurt as a result of others’ error or negligence and help them make it right. If you’re reading this, you’ve probably been injured by a defective medical device or pharmaceutical drug. You may be in pain. Your health may be under immediate threat. You’ve probably lost income due to missing work. You may be worried about paying the bills. You are probably frightened and unsure where to turn. We are here to provide you with free legal advice. Call our Greenville product liability lawyers today. Don’t wait any longer because you’re afraid that you’ll need cash to pay for answers. Give us a call as quickly as you can to schedule your free legal consultation.

Product Liability for Manufacturers

Defective medical devices and dangerous pharma products can lead to life-threatening conditions. To protect consumers, the government strictly regulates every producer of devices and pharmaceuticals. Failure to comply with these rules and regulations can lead to a product liability lawsuit. When a medical device or pharmaceutical malfunctions, there are a number of ways a product manufacturer can be found liable, such as: Lack of Testing: If the product is released in violation of the required testing phases, trials, and evaluations, as stipulated by regulations. This is especially true of known flaws that may be ignored or covered up during the testing phase Failure to Warn: Dangers and potential risks posed by the use of the product must be disclosed Reckless Manufacturing: If problems in the manufacturing or assembly process lead to injury or harm to patients Faulty Design: When a product’s improper design causes injury and harm

Understanding Product Liability in South Carolina

In South Carolina, product liability claims are based on three types of defects. These include defects in design, manufacturing, and marketing. A design defect occurs when the product’s design is inherently unsafe. In this case, even if the product was manufactured correctly, it can still be dangerous due to flaws in its design. A manufacturing defect happens when something goes wrong during the production of the product, causing it to deviate from its intended design. This can include issues such as faulty materials or poor workmanship. Finally, a marketing defect, often referred to as a failure to warn, arises when the manufacturer or seller fails to provide adequate instructions or warnings about the product’s risks. Each of these defects can form the basis for a product liability claim, but proving the specific type of defect requires substantial evidence. South Carolina follows strict liability principles in product liability cases, meaning that the injured party does not need to prove negligence. Instead, they must show that the product was defective and caused their injury. However, proving the existence of a defect and linking it directly to the injury can be complex, requiring a thorough investigation and often testimony.

Only Serving People, Never Companies

Founded in 1975, Christian & Christian has deep roots in the community.

Learn more about our attorneys

Only Serving People, Never Companies

Founded in 1975, Christian & Christian has deep roots in the community. 

Learn more about our attorneys

Proving a Defective Design

To prove that a product has a defective design, it must be shown that the product’s design was unreasonably dangerous and that there was a safer, reasonable alternative available at the time of manufacture. This alternative must be one that would have prevented the injury without significantly impairing the product’s usefulness or increasing its cost. In South Carolina, courts will often look at whether the risks posed by the product’s design outweigh its benefits. This analysis can include factors such as the likelihood of injury, the severity of potential harm, and the feasibility of alternative designs. Presenting evidence of safer designs that could have been used, along with opinions on the product’s design flaws, can strengthen your case. It is essential to demonstrate that the design was inherently dangerous, not just that the product caused harm in your particular case.

Everyone there was very professional, knowledgeable, and friendly. My car was totaled, and I was a little intimidated talking with a couple of other lawyers in Greenville. But with Christian and Christian, not only did they answer my questions, but they did so in a way that made what could have been a hectic situation, easy. Overall, an excellent experience with high quality lawyers who truly go above and beyond and really try to get you the results or answers you need.

—Rob Young

I met Josh like 4 years ago when my Son was injured at Daycare. He was very concerned about the well being of my Child and Me. Very Understanding Professional and Just a great Staff. If You need a Lawyer that’s all about YOU this is the Place. I just closed a Case on 6/23/2021 from a injury on a Property. They handled everything because no one else would help Me. I’m forever grateful for Your hard Work and Time. Once again Thank You Josh and Sally.

—Rezillai Henderson

My husband was referred to this law firm from another lawyer after his mother passed away while residing in a nursing home. Matt took on his case and we are pleased with how everything turned out. It took a long, long time to finally settle, but it was worth the wait. The staff here is friendly and I’d be happy to recommend them to anyone needing legal assistance.

— Jen

I was referred to Harold by a family friend, and I couldn’t be happier. He took the time to listen to my case, answered all my questions and truly treated me like a friend not a client. His knowledge of medical malpractice is priceless he actually successfully won, one of the first medical malpractice cases in Greenville County.

— Lindsey

Establishing a Manufacturing Defect

In cases involving a manufacturing defect, the focus is on the condition of the product when it left the manufacturer’s control. A manufacturing defect occurs when a product deviates from its intended design due to an error in the production process. This could include the use of inferior materials, mistakes in assembly, or other factors that make the product unsafe for use. Proving a manufacturing defect typically requires showing that the product was not constructed according to its intended design and that this defect caused the injury. It may be necessary to compare the defective product to similar products that were manufactured correctly. This type of defect can be easier to prove than a design defect, as it involves showing that the product did not meet the manufacturer’s own specifications. However, collecting and preserving the product as evidence is crucial, as it will be the cornerstone of your case.

Defective Medical Devices Fall under the Category of Product Liability

A medical device can be anything that is used for treatment, diagnosis, or prevention of disease. It may be something as straightforward as a tongue depressor or as complex as a microchip used in a pacemaker. It could also be a biological product, such as a reagent used for diagnostics. It may be a product that emits radiation, such as an x-ray machine. Medical lasers and ultrasound devices also fall into the category of medical devices.

Defective Products: Paraquat

The Dangers of Paraquat

Unsafe Pharmaceuticals Also Fall into the Category of Product Liability

Pharmaceutical cases focus on specific issues related to the safety of a drug or misleading marketing of a drug. Usually, pharma cases are called into question when the drug produces unintended side effects for a patient, or the drug was improperly labeled before being put on the market. A pharma case that originates from product liability is different from a prescription medication error, which typically ends in medical malpractice settlements. Pharma claims are standalone cases that fall into product liability. Our firm has the experience and skill to help you take on big pharma companies for compensation in these types of claims. Please see the list below for some of the many examples of defective medical devices and pharma that betrayed the trust of patients, harming instead of helping them. Whether you see a device or product listed that you have been hurt by, or you have questions about another device, please reach out to our Greenville product liability lawyers for a free legal consultation to learn more.

Greenville Paragard® IUD Lawyers

Paragard® is the only non-hormonal IUD (intrauterine device) available in the United States. Unfortunately, many women choose this option without knowledge of the device’s side effects and potential for complications. The Paragard IUD can perforate the uterine wall or cervix during insertion and break during removal. It can also migrate or be expelled from the uterus.

What Is Paragard®?

Paragard® is marketed as a “small, 100% hormone-free IUD (intrauterine device) that’s over 99% effective at preventing pregnancy.” The device itself is a T-shaped plastic frame with copper coils. It works by producing an inflammatory reaction in the uterus that is toxic to sperm and eggs and prevents fertilization and implantation.

Is Paragard® Safe?

Many women use Paragard® without complications and see the device as a favorable way to prevent pregnancy without the use of hormones. That being said, other women experience negative side effects and serious complications. Side effects of Paragard® include:

• Anemia (iron deficiency)
• Backache
• Dysmenorrhea (painful cramps)
• Dyspareunia (pain during intercourse)
• Complete or partial expulsion
• Increased menstrual flow
• Spotting
• Pain and cramping
• Vaginitis

While unpleasant, these side effects are less severe than the other risks associated with Paragard®. A defective Paragard® IUD can:

• Cause pelvic inflammatory disease
• Increase the risk of ectopic pregnancy
• Imbed itself in your uterus or other organs
• Perforate your uterine wall or cervix
• Break during removal
• Lead to lost pregnancy and infertility

Some women require surgery to treat complications, especially when the device breaks and becomes embedded in the uterus. When this occurs, they may fight for compensation, especially because the IUD has proved to be defective. If you have experienced a complication with a Paragard® IUD, call us for a free legal consultation to find out how Christian & Christian may be able to help.

Breast Implants

When surgical devices or implants of any kind fall apart, break, or malfunction, it can have devastating health consequences for patients. If you or someone you love has suffered because of breast implant-related illness, contact Christian & Christian to find out how we can help.

What Are Textured Breast Implants?

Textured breast implants are different from smooth breast implants. They have a rough surface and were previously thought to reduce the likelihood of punctures or collapse. Many recipients of textured breast implants choose these over smooth implants in order to avoid shifting or changes in breast shape.

The Dangers of Textured Breast Implants

Textured implants have been known to cause a form of lymphoma known as Breast Implant-Associated Anaplastic Large Cell Lymphoma (BIA-ALCL). Even if a breast implant is not necessarily defective, it can still cause this rare cancer. You may be experiencing symptoms of BIA-ALCL if you are experiencing any of the following:

• Persistent swelling, inflammation, or pain around the breast implant
• Fluid pooling around the breast implant
• Lumps underneath the skin near the implant

Keep in mind that you could develop BIA-ALCL at any time after receiving textured breast implants, even after years without problems. Should you see any signs or symptoms of this rare cancer, it is important to seek immediate medical attention. Then, get in touch with one of our Greenville product liability lawyers so we can help you get compensation for the damages you’ve experienced as a result of your implants.

Stryker Metal LFIT Hips Lawsuit

Metal-on-metal hip implants have been the subject of intense litigation for years now. Because contact between cobalt and chromium implant surfaces create metal shavings, patients with metal-on-metal hip components have been forced to undergo replacement surgery. They’ve also been subject to metal poisoning, failed implants, infection, and loss of mobility. Stryker’s LFIT V40 Femoral Head is the latest metal hip implant to face lawsuits from patients around the country. Experts anticipate thousands of cases being filed over the next few years because over 100,000 patients were fitted with the faulty medical device between 2002 and 2011. Due to the potential volume of lawsuits, all Stryker LFIT cases have been consolidated into a multi-district litigation (or MDL). If you’ve been fitted with a metal hip and you’ve experienced metal poisoning, pain at the site, and bone fractures around your hip, call our firm as soon as possible—Christian & Christian can help.

The Symptoms of Metal Implant Failure

The basic structure of the Stryker femoral head implant is a metal ball that can be attached to a wide number of hip implant stems. The metal components rub against each other (and in the case of the Stryker implant, the taper lock in the stem loosens and fails). This constant contact creates metal shavings that enter surrounding tissue and the blood stream. Metal ions in your tissue create metallosis, or metal poisoning.

You’ve Been in a Stryker Metal LFIT Hips Injury.

Now what? The symptoms of metallosis include:

• Loss of mobility
• Extreme pain
• Inflammation
• Hip dislocation
• Bone fractures
• Bone or muscle death
• Difference in leg length

In some cases, you may also experience hearing loss, vertigo, mental fogginess, headaches, and difficulty breathing. With such a wide range of symptoms, it’s vital to get to a doctor and find out if you have any symptoms of tissue death or metallosis. If you received a hip implant between 2002 and 2011, it’s vital that you understand the symptoms of metal poisoning and get your blood tested. If you’re already looking for answers for why your hip implant failed, contact us for a free legal consultation. Let us help you determine whether filing a liability claim may afford you the financial stability you need to get replacement/revision surgery and recover with peace and confidence.

Greenville Talc Powder Attorney

For decades, talcum powder products were advertised as safe for feminine hygiene use on a regular basis. Johnson & Johnson (J&J) in particular has maintained a clear marketing strategy to promote the use of talc in this way. Emerging research has shown, however, that talc powder applied for feminine hygiene can cause ovarian cancer, especially if it has been used for many years.

Cancers Caused by Talc & Talc Powder Products

Talc powder has been considered dangerous to certain degrees for many decades. Researchers have long seen links between talc and various illnesses and cancers. Inhaling, ingesting, or otherwise coming into direct contact with talc can be hazardous. J&J has been criticized in numerous plaintiff claims for ignoring or dismissing previous evidence that talc powder had been linked to serious health conditions. Christian & Christian is currently looking into talc powder lawsuits, claims, and mass torts. Our team of product liability attorneys in Greenville, South Carolina has been representing the wrongfully injured for nearly 100 years of collective legal experience. As a law firm that never represents companies and major corporations, we have gained a reputation for truly being the people’s advocate. Talk to us about making a talc powder claim today.

Surgical Stapler Attorneys in Greenville

Surgical staplers can be a helpful medical device when used properly. However, defects in certain varieties of surgical staplers can cause severe injuries to patients. A person who is hurt by a defective surgical stapler may sustain injuries that cause infection, requiring additional surgery to remedy. Such complications can even be fatal.

What Are Surgical Staples Used For?

Surgical staplers are used in a variety of medical procedures to connect or seal tissues. In comparison to stitches, sutures, or medical glues, surgical staples offer the advantages of faster application and easy removal. There are also absorbable types of surgical staples, which dissolve within the body and do not need to be removed by a doctor. Surgical staples may be made of plastic or metal materials. If you were injured because of a defective surgical stapler, you may be entitled to compensation for financial damages, such as medical bills, lost wages, travel expenses, and noneconomic damages, such as pain and suffering. Contact the Christian & Christian legal team today to learn your rights. Christian & Christian Law assist people with personal injury matters in the following locations: Anderson, Clemson, Easley, Fountain Inn, Greenville County, Greer, Mauldin, Simpsonville, Spartanburg, and Travelers Rest.

In addition to defective medical products, there are many ways pharmaceuticals can result in damages:

These days, it’s not uncommon to hear of another big pharma settlement about a drug that has affected many people across South Carolina. If you happen to be someone who was harmed in a pharmaceutical case, call us to discuss a potential claim. Our attorneys have over 100 years of combined pharmaceutical experience. We have won millions in settlements for people exposed to drugs that were then recalled or deemed unsafe.

Most Common Pharma Cases

The South Carolina product liability lawyers at Christian & Christian Law have successfully taken on claims involving notorious pharmaceutical drugs. Some of the products in pharmaceutical cases we’ve handled include:

• Viberzi
• Zantac
• Tasinga
• Uloric
• Talc Powder
• Limbrel
• Elmiron
• Ocaliva
• Tylenol liver damage
• SGLT2 Inhibitor
• Proton Pump Inhibitor
• Defective Diabetes Medications

While some of these medications can be purchased over the counter, most medications have been prescribed by doctors, which are then picked up by patients at the pharmacy. In these cases, the doctors, nurses, hospitals, and pharmacy techs have prescribed the right medication, but later found out that these medications were dangerous and pulled from the market by their pharma companies. Because there was no negligence involved in the original prescribing of the medication, settlements often must be pursued through the pharmaceutical companies.

Why Hire a Lawyer to Help You Win a Pharmaceutical Case

When we are prescribed or purchasing a medication, we trust that these medications are on the market for a reason. The drugs listed above were designed to help patients with serious and painful conditions such as cancer, irritable bowel syndrome (IBS), gout, heartburn, or stomach ulcers. People trusted these medications to help them get better or offer relief, not harm them. If you’ve been injured due to a medication and later found out that the medication was part of a major pharmaceutical case, you need an attorney to help you fight for the compensation you deserve.

What Does a Pharmaceutical Case Look Like?

A lawsuit against a “bad drug” is usually personal and can be filed against the medical company, but in some cases, pharma lawsuits end in class action, which is when a group of individuals affected by the same drug come together to file against the manufacturer. If you’ve got a potential pharma claim to discuss, reach out for guidance in a free legal consultation. We want to answer your questions and help you determine whether your claim falls into an individual claim or part of a larger class action suit. When we take on a pharmaceutical case, we offer a free initial case review to make sure we can get all the facts, find out which medication caused the harm, how serious the harm was, and how much could be won in a settlement. If your case could qualify for a settlement, we then walk you through possible outcomes, including the possibility of litigation. If we are a good fit for you, we’ll fight for the compensation you deserve. You only pay us when we successfully resolve your claim.

Varubi

Varubi is a drug that is used to treat the nausea and vomiting that occur after a patient receives chemotherapy. To prevent nausea and vomiting, Varubi blocks (NK)-1 receptors in the brain stem. It is typically administered through an IV.

Dangers of Varubi

Patients taking Varubi have been known to exhibit several serious side effects, including:

• Abdominal pain
• Anemia
• Dizziness/vertigo
• Indigestion
• Persistent hiccups
• Reduced ability to fight infections
• Reduced appetite
• Sores inside the mouth
• UTIs

Varubi has also been known to send patients into anaphylaxis and anaphylactic shock. These are life-threatening allergic reactions in which the immune system takes a chemical bath and sends the rest of the body into shock. This causes your blood pressure to take a sharp dip and makes breathing progressively more difficult, to the point that it becomes impossible, and the affected person can suffocate completely. If you or someone you know has been given Varubi to counteract the effects of chemotherapy only to develop a host of new problems and painful symptoms like anemia or anaphylaxis, you need an experienced attorney to help you make things right. Our team of Greenville product liability lawyers can help you cover the costs of your medical treatments, hospital bills, and the pain and suffering that stem from falling victim to a hazardous medication. Our mission at Christian & Christian is to provide injured people with the effective representation and legal advocacy they need to make things right. Dangerous drugs have the power to ruin lives and create massive healthcare expenses. Our Greenville product liability lawyers will fight tenaciously for you and work toward a just solution in your case.

Proton Pump Inhibitor Claims

Medical experts have found that prolonged usage of proton pump inhibitor (PPI) medication can put those who use it at higher risk for chronic kidney disease. PPIs are commonly prescribed to those who suffer from heartburn and acid reflex – the drug acts as a wall that blocks acid release into the stomach. If you’ve suffered a medical complication while using PPI medications, you should not hesitate to contact Christian & Christian. Our attorneys have extensive experience in handling matters involving medical devices and pharmaceutical drugs. You have a right to pursue justice with a dedicated legal professional by your side.

Complications from PPIs

According to a study published by the Journal of the American Medical Association, patients who had a history of taking PPIs were 20 to 50 percent more likely to develop chronic kidney disease. Although the medication is known to increase the risk of acute kidney complications in those who already have a pre-existing condition, the new study included only those who have never experienced renal complications.

Common PPI medications include, but are not limited to:

• Aciphex
• Dexiland
• Nexium
• Prevacid
• Prilosec

The Greenville product liability lawyers at Christian & Christian understand the importance of pursing justice. Drug manufacturers have an obligation to ensure that the products they market are safe – if they fail to fulfill this obligation, they must be held accountable. The attorneys at Christian & Christian have successfully handled pharmaceutical cases involving Xarelto, metal hip implants, and IVC filters. If you need answers to your product liability questions, reach out to our dedicated team to schedule your free legal consultation.

How Hiring an Attorney Can Benefit Your Product Liability Claim

There are two over-arching benefits you can receive by hiring an attorney. The first is that you get to turn over what is very likely a complex claim to a legal professional capable of bringing you the best available results. This allows you to heal and focus on recovery. The second way retaining an attorney helps you is through the numerous ways an attorney can protect your claim’s value. This is essential in making sure you receive maximum compensation.

• Your Greenville product liability lawyers have the knowledge to investigate what has happened to prove that negligence occurred and who the at-fault parties are. In a product liability claim for a faulty medical device or pharma product, this can involve several parties, including: Manufacturers: The clearest target of your claim and also the likely one with the most expensive legal defense team. Medical Facilities: are they part of the distribution chain? Did they protect you from inherent risks, such as ensuring your product had a clear custody chain without ending up in an overheated warehouse? Retailers: Did a retailer pass on a faulty product they got from the manufacture? They may be liable as well. Medical Professionals: Did they fail to warn you about the risks or side effects of the treatment?
• Our attorneys know how to connect the negligence of the at-fault parties to your damages. This is called “causation,” and making this connection is essential to winning your product liability claim.
• Your attorney will be able to handle communications with the insurance company for you. This goes a long way in avoiding the manipulations of the insurance company you would otherwise be vulnerable to. Your lawyer has seen these tactics and will not get blindsided by them the way an unsuspecting claimant easily could.
• An experienced product liability attorney will know how to correctly sum up all your damages to make sure you don’t leave money “on the table” when requesting compensation. This is another way having a lawyer can help you get the maximum compensation you are due.
• When you hire an attorney, it tells the insurance company they can’t take advantage of you. With a legal professional looking out for your rights, they’ll know that if they try to delay or deny your valid claim in bad faith, they won’t get away with it because your lawyer will sue them.
• Beyond making it clear you can’t be taken advantage of, having an attorney on your side means you’ll have the option to actually file a lawsuit if it becomes the only way to get justice. This empowers you by providing an option you would not have without a lawyer.

Taken together, it’s easy to see how the many ways of hiring an attorney can protect your claim from being damaged.

Mistakes to Avoid to Protect the Value of Your Product Liability Claim

Even before you hire an attorney, it’s important to be aware of how you can contribute in protecting the value of your claim.

Don’t Make the Mistake of Skipping the Lawyer

Thus far, we’ve noted the ways a lawyer can help you protect your claim’s value and help you fight for your right to compensation in court, if necessary. Succeeding with a product liability claim against big pharma or a medical device company is a daunting task. We urge you to seek the support of an experienced attorney who can guide you and fight for your rights. You can start with setting up a few free legal consultations to have your specific claim questions answered without obligation as you interview lawyers to determine a good fit. We’d be happy to answer your claim questions for free. Call us today.

Be Discerning in Selecting Your Attorney

Not every lawyer will be equally effective in handling your claim. Just as with doctors, lawyers have dozens of specializations open to them within which they may focus. Your brother’s business patent attorney may be a genius, but unless he spends most of his focus in personal injury, he’s not going to be the best choice for you. Make sure the person you hire is focused on personal injury claims, including product liability. Your attorney should also be a trial attorney. Taking on the machine of big medicine with a defective pharma or a medical device product may require you to file a lawsuit to get the compensation you deserve. Hire someone from the start who can make your case to a jury and win. Some attorneys work for “settlement mills.” This term refers to law firms with a business model built around avoiding the time and expense of going to court. Instead, they seek to settle claims for all of their clients, even if that requires them to encourage those clients to accept lower settlements. These law firms make much of their money on the high volume, quick turnover of moderate to low settlement claims. They do okay, so long as they can keep turning over cases. But this model does not benefit you — the injured party, who is suffering damages because of an irresponsible manufacturer. Make sure you’ve got someone in your corner with the skill, knowledge, and tenacity to fight for your rights. Call us today.

South Carolina Product Liability Client Story

We are sharing the story below to help you get a better idea of what to expect in a claim of this type. We’ve changed the client’s name and story specifics to protect privacy, but it will provide helpful information, nonetheless. Please read it through, then call and set up your own free legal consultation to get your specific claim questions answered. On a windy evening in August not so long ago, Leslie Morris went to bed early with a warm corn bag on her abdomen. She was no stranger to severe cramps during her menstrual cycle, but this was something else. Sweat beaded her forehead, and she began to suspect it was more than the effect of using a heating pad in August. She wondered again if she should be really concerned. When she began using the Paragard IUD, she’d bought into the convenience it claimed to offer. It was supposed to be safe and reliable. She was used to heavy cycles, so when the doctor said side effects “may include” increased menstrual flow, she thought, “Been there, done that; I can handle it.” But lately, she’d been experiencing additional symptoms. Her back had begun to bother her. She’d written it off to her often overzealous workout routine. But recently, intercourse had become painful, and she began spotting. She was trying to get in to see her OBGYN, but they were backed up, and the best they could do was put her on the wait list in the event a cancellation opened up a spot. Leslie’s condition seemed to be getting worse by the day. As she lay in bed, the dull ache in her abdomen began to intensify into a sharp elastic thrum that made her molars clench. Something was wrong. She vaguely thought she should tell her fiancé Jason. She called to him, but he couldn’t hear her from the living room. Where was her phone? Leslie groped at the nightstand, knocking her phone to the floor as she slipped into a groggy haze. Unaware of the emergency, Jason followed her to bed an hour later. He was awakened in the middle of the night by wet sheets to discover Leslie bleeding. A lot. She was burning up with fever, and he couldn’t wake her. He called 911. Leslie was diagnosed with pelvic inflammatory disease and complications caused by the migration of her IUD into her uterine wall. She came very close to bleeding to death that night in August. Though she survived, the ordeal left her infertile. A month after the emergency, Leslie and Jason arrived at the offices of Christian & Christian Attorneys at Law to discuss the possibility of a product liability claim. Greenville product liability lawyer Josh Christian sat down with them to answer their questions in a free legal consultation.

How much does it cost to hire a lawyer?

Leslie and Jason’s first question was about the expense of hiring the firm. “This experience has been devastating,” Leslie said, “but I’ve been out of work for a month, and we’re struggling to keep our finances righted. What will it cost if we were to move forward with a claim?” “We operate on a contingency-fee model,” Attorney Christian said gently. “We front all case expenses from start to finish. When your claim is concluded, we only get paid if we win your claim.” “Really?” Jason asked, surprised. “Really,” Attorney Christian said. “And this is truly a free no-obligation consultation, so please feel free to ask me all your claim questions.”

Do I qualify for a claim?

Leslie took a deep breath and summarized what she’d gone through using the Paraguard IUD. When she was finished, she pulled a tissue from the box beside her and wiped her eyes. “Do you think I might qualify for a claim?” “At first look, I’d say you very well may,” said Christian. “Many plaintiffs contend that Cooper Surgical, the manufacturer of the Paraguard IUD, failed to provide adequate warnings about the risks the device poses to consumers. It does specify that “less than 1%” of users develop pelvic inflammatory disease, but they don’t disclose how many suffer from complications and breakage, which you yourself experienced. “Our process begins with a thorough investigation of your specific situation to confirm your eligibility. We investigate to identify all at-fault parties and to prove causation — how the negligence of those parties led to your damages. “For instance, whether your doctor steered you to the use of the device because their office gets kickbacks from the manufacturer whenever a patient uses it. We take the investigation very seriously and will be meticulous in making sure you’ve got a claim before moving forward.” “I guess that’s another benefit to us of your contingency-fee model,” said Jason, nodding. “It is,” said Attorney Christian. “It benefits no one for us to move you toward a claim if you don’t really have a case,” said Christian. “We are here to help you get answers, and if you’ve got a claim, we’re here to pursue justice for your losses.”

What kind of damages are available for a product liability claim?

“If it turns out I’ve got a claim, what kind of damages would I qualify for?” Leslie asked. “Excellent question,” said Attorney Christian. “We’d fight for your right to the highest possible settlement to cover your economic damages — the ways you’ve been harmed financially, such as the costs of your medical care and rehabilitation. We’d also seek compensation for your lost wages. “In addition to the economic damages, we would also pursue your non-economic damages, which are all the non-financial, but no less devastating, losses you’ve suffered. Examples of non-economic damages include things like pain and suffering and mental anguish. “On top of that, South Carolina law allows for the possibility of punitive damages, if it can be proven that the defendant acted with egregious disregard for the safety of others. This type of damages is intended to make an example of the guilty party, punishing them and deterring others from following suit,” said Christian. “We will look into all possible damages that can be pursued regarding your specific claim. Just as with our accident investigation, we will be meticulous in identifying and quantifying your damages to bring you the highest possible compensation for all that you’ve lost.” Manufacturing Defects Manufacturing defects occur when a product is designed correctly, but a mistake occurs during the manufacturing process. As a result, the product becomes dangerous to the consumer. In South Carolina, a plaintiff can sue a manufacturer if a product causes injury, death, or property damage. Design Defects Design defects occur when a product is designed in a way that makes it inherently dangerous. The danger must be inherent in the design, meaning that the product is dangerous even if it is manufactured perfectly. Design defects are difficult to prove, and plaintiffs must show that the manufacturer could have reasonably foreseen the danger and could have designed the product differently to prevent the danger. Failure to Warn Failure to warn claims occur when a manufacturer fails to provide adequate warnings about a product’s dangers. In South Carolina, manufacturers have a duty to provide warnings that are clear and understandable to the average consumer. Failure to warn claims are often made in conjunction with design or manufacturing defect claims. Breach of Warranty Breach of warranty claims arise when a manufacturer fails to fulfill its contractual obligations to the consumer. In South Carolina, there are two types of warranties that a manufacturer may breach: express warranties and implied warranties. Express warranties are those that are explicitly stated by the manufacturer, while implied warranties are those that arise by operation of law. Misrepresentation Misrepresentation claims arise when a manufacturer makes a false or misleading statement about its product. This could be a statement about the product’s safety, performance, or quality. If the consumer relies on this misrepresentation and is harmed as a result, they may have a claim against the manufacturer.

Why not just file my claim directly with the manufacturer?

“What if it’s possible for me to file my claim directly with Cooper Surgical?” Leslie asked, raising a brow. “Is there a reason you as a lawyer would not recommend me going straight to the source?” “Another very good question,” said Christian. “And yes, whether you choose to retain this firm or another, I strongly urge you to retain a personal injury trial attorney with a record of winning product liability claims to represent your case. In short, if you’re going up against a medical device manufacturer, you need someone watching your back. “These cases are complicated, and you can bet the manufacturer has a stable of high-powered attorneys on speed dial. This is big business with big money at stake — ‘David versus Goliath,’ if you will. You need to level the playing field with an experienced trial attorney at your side who can gather key evidence, protect your claim’s value, and fight tenaciously for your right to compensation. “One of the key reasons not to go up against the manufacturer without a lawyer is the likelihood that you would end up signing away your right to non-economic damages in the process. Doing so would forfeit your right to compensation for pain and suffering, as well as punitive damages. The manufacturer is not going to make an example of themselves. They’re going to circle the wagons,” Christian said. “I’m going to take a flyer here and guess that you have damages that go well beyond the very real financial impact this has had on you,” Attorney Christian added compassionately. Tears streamed down Leslie’s face, and she nodded. Jason squeezed her hand as her other hand went instinctively to a belly that would never bear children. “You bet we do,” she whispered. Leslie and Jason were satisfied with the information they received in their free legal consultation. Leslie retained Christian & Christian, and Attorney Josh Christian got her nine times the amount the insurance company initially offered them.

Call Our Greenville Product Liability Lawyers Today

We hope you’ve gained some valuable insights from the information above. Every claim is unique in many ways, so we urge you to call us as soon as possible to schedule a free legal consultation to discuss yours. Don’t burden yourself with trying to figure out how to take on big insurance and big manufacturing and win. Reach out and let us show you how we can make the difference in your claim. Call our Greenville product liability lawyers today.