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Product Recall Lawyer

Massive product recalls seem to hit the news almost every day, affecting cars, strollers, prescription drugs, food products and many more. Although recalls help ensure future safety and health, frequently they don’t take effect until people have already been killed or seriously injured. At Eisbrouch & Marsh, our product liability attorneys specialize in helping victims of recalled products recover compensation for their losses.

The most important thing for victims is to consult a product recall lawyer right away. Strict time limits apply when victims file claims against manufacturers and distributors because of defective or harmful products. These deadlines vary substantially from state to state, so it’s imperative to consult personal injury lawyers like those at Eisbrouch & Marsh who have nationwide experience. We offer free, no-obligation consultations to those who believe they have been injured by a recalled product, so victims and their families can make an informed decision about how best to take advantage of their legal options.

Types of products recalled

An enormous variety of products are subject to recall in the U.S. today. Three federal agencies are principally responsible for ordering recalls; each handles a different array of products.

U.S. government agencies responsible for product recalls:

  • The Food and Drug Administration regulates and can order recalls of contaminated food products, dangerous drugs, defective medical devices, and hazardous tobacco products, among other categories.
  • The Consumer Product Safety Commission oversees a very wide variety of household products, and can recall everything from defective space heaters to children’s toys that pose choking hazards, to snowboards with faulty bindings and lawn mowers with malfunctioning on-off switches, to list a few examples.
  • The National Highway Traffic Safety Administration administers recalls of defective motor vehicles, dangerous passenger vans, flimsy child car seats, deficient air bags, tires with insufficient tread, and other faulty motor vehicle equipment.

Examples of recent product recalls

Recent noteworthy product recalls include:

  • 2.6 million GM vehicles with defective ignition switches that can shut off without warning; 13 reported deaths, multiple serious injuries to drivers and/or passengers
  • 24,000 personal alert systems that fail to detect an emergency signal following system reboot
  • Organic black peppercorns contaminated with salmonella that were sold in all 50 states
  • Glucose meters that falsely report low blood glucose levels in patients with diabetes
  • Nearly 14,000 gas fireplaces that permit fumes to build up in the burner area, posing a threat of explosion
  • Nationwide recall of homeopathic drug products contaminated by penicillin, posing risk of death to those with penicillin allergies
  • 170,000 isometric exercise devices whose handles can break during use and forcefully eject metal parts, threatening puncture wounds to users and bystanders
  • Nearly 1.4 million child car seats whose buckle can become stuck, increasing risk of injury to child in an emergency

What causes a product recall?

When an unsafe product is recalled, determining the cause or causes of the defect can be difficult. In some cases there may have been a fundamental flaw in the product’s design. Sometimes the manufacturing process went awry, damaging products during their assembly. Improper storage of a product after its completion can lead to contamination. The labeling or instructions accompanying a product may omit critical information, or provide inaccurate descriptions or directions.

Finding out why a product was recalled, and establishing who was responsible for the underlying problem, can be very difficult. But these are essential elements of a victim’s claim for financial compensation. That is why the product liability lawyers at Eisbrouch & Marsh work with a team of industry experts who examine every step in the process of the design, manufacture, labeling, distribution, and sale of a recalled product to discover who was responsible for the defects. We also work hand in hand with top medical experts to assess the severity of a victim’s injuries, describe treatments that will be needed in the future, and evaluate whether the victim will recover fully or suffer a permanent disability.

Compensation in a product liability lawsuit

Victims of defective products may recover for many different kinds of injuries, both economic and non-economic. Depending on the circumstances, a victim may be entitled to payment for medical bills (past and future), lost income, emotional distress, pain and suffering, diminished earning prospects in the future, and future monitoring of medical conditions, among other losses.

If a family member was killed by a dangerous product, the remaining relatives may be eligible to recover the wages the victim would have earned, the cost of services the victim would have provided (e.g., child care expenses necessitated by the death of a stay-at-home parent), as well as compensation for the loss of the victim’s emotional contribution to the family’s well-being and the children’s upbringing.

Each state has its own laws governing the type and amount of damages that may be recovered in a product recall lawsuit. Some states put caps on certain types of damages. Others permit the jury to consider whether the victim contributed to his or her own injury, for example by ignoring warning labels.

Product liability lawyers at Eisbrouch & Marsh can help

Eisbrouch & Marsh’s product liability attorneys have decades of experience in courtrooms across the country. We can provide the expert assistance you will need to obtain a financial award or settlement wherever you live. You can count on us to go the extra mile to be sure you receive full compensation. Contact us today for a free and confidential consultation at 201-342-5545.

  1. FDA, “Recalls, Market Withdrawals and Safety Alerts,” http://www.fda.gov/Safety/Recalls/default.htm
  2. Consumer Product Safety Commission, “Recalls,” http://www.cpsc.gov/en/Recalls
  3. National Highway Traffic Safety Administration, “Recalls & Defects,” http://www.nhtsa.gov/Vehicle+Safety/Recalls+&+Defects