New York Product Liability Lawyers

Parker Waichman LLP – Product Injury Lawyers Fighting for Those Injured Due to Defective Products

The attorneys at Parker Waichman LLP have successfully represented numerous victims of defective product injuries. When someone is injured by a product, they have legal rights against the manufacturer. Parker Waichman LLP will investigate your case and file a lawsuit on your behalf if we uncover wrongdoing by the manufacturer. If you or a loved one suffered injuries because of a defective product, contact the skilled attorneys at Parker Waichman LLP today.

EXPERIENCED PRODUCT LIABILITY ATTORNEYS IN NEW YORK

When manufacturers sell dangerous or defective products, the consequences can be severe. All manufacturers have a legal obligation to make sure their products are safe for use and are packaged with adequate warnings. If someone buys or uses a defective product, they have legal rights that entitle them to relief.

Defects in products like tools or heavy equipment can cause devastating injuries, as can defects in products like automobiles and medical devices. Patients and consumers trust that the products they’re receiving are safe, and our firm is there to help them when a manufacturer betrays that trust.

Parker Waichman’s lawyers are extremely experienced in product liability causes of action and will work to stand up against manufacturers on behalf of New York families. We are one of the few firms to have achieved more than $2 billion in settlements and verdicts for our clients, and we will aggressively advocate for the compensation you need. Our dedication to superior client service shows through the honors and accolades we have received through the years, including:

• 9.8 (out of a perfect 10) Rating by AVVO (a service that rates every attorney in the United States)
• “Preeminent Lawyers” AV Peer Review Rating (Martindale-Hubbell® – a company that, for more than 100 years, has rated attorneys across the United States and the world based on feedback from judges and their peers)
• Highest Ranking of “5 Dragons,” based on peer review by Lawdragon
• Listing in Best Lawyers Publication, determined by extensive peer review.

When you hire our firm, your case is in the hands of seasoned litigators who understand New York product law and will fight for your rights.

Parker Waichman LLP Holds Manufacturers Accountable

At Parker Waichman LLP, we firmly believe that the judicial system plays a tremendous role not only in helping victims recover for the ways they have been harmed by defective products but also in creating a safer environment for patients and consumers in the future. When we hold manufacturers accountable through the courts, we can effect meaningful change while bringing some stability and closure back to our clients’ lives.

Our office takes a wide range of product liability cases, from consumer products to medical devices. No case is too complex for us, and no manufacturer is immune from liability. We will work to find out what happened and secure the result you need.

Medical Device Litigation

Medical devices include both medical instruments and surgical implants. We have litigated medical device cases for decades, helping patients recover from the ways they have been injured during or after a medical procedure. Currently, we are pursuing lawsuits against manufacturers of the following medical devices (among many others):

• Bair Hugger Warming Blanket – The Bair Hugger is a forced-air warming device used during surgeries to regulate patients’ body temperatures. They are often used during joint replacement surgeries and include both a disposable blanket and a portable floor machine. Studies show that the Bair Hugger can become contaminated with bacteria and deposit contaminated air onto patients’ open surgical wounds. Patients can then develop severe deep joint infections that sometimes require amputation. We are filing lawsuits against the Bair Hugger manufacturers to recover losses on behalf of knee and hip replacement patients. Visit our Bair Hugger page to learn more.
• Metal-on-Metal Hip Implants – When hip implants are composed entirely of metal (meaning both the ball and the socket components are metal), the components can release metal ions into the body. Patients can then develop metal poisoning, a condition called metallosis. This condition causes serious side effects that often require surgery. Numerous metal-on-metal hips have been on the market throughout the years, and we are pursuing litigation against several manufacturers on behalf of our hip implant clients. Visit our Defective Hip Implant page to read more.
• Hernia Mesh – During a surgical procedure to repair a hernia, doctors will often use a piece of polypropylene or polyester mesh. The mesh is essentially a plastic material with many holes, somewhat resembling a window screen. It is used to hold the bulging tissue or organ in place while reinforcing the tissue wall around it. Research has proven that this mesh causes serious complications, including infections, erosion, perforation, and bowel obstruction. Our firm is filing cases against many mesh manufacturers for selling unreasonably dangerous mesh implants without warning about all of the severe risks. Go to our Hernia Mesh page to find out more about these cases.

If a medical device has injured you, contact our firm today to find out about your options for legal recourse.

Prescription Drug Litigation

The makers of brand-name prescription drugs have to satisfy certain requirements with the U.S. Food and Drug Administration (FDA) before they are able to sell the drugs on the market. Thereafter, they have an ongoing legal duty to make sure that their drugs are safe and carry adequate warnings. When those manufacturers fail, we step in to help people. Our firm is currently litigating the following drug cases (among numerous others):

• Proton Pump Inhibitors (PPIs) – PPIs can be both prescription and over-the-counter drugs, and they are most commonly used to treat heartburn. You are probably familiar with the popular PPIs Nexium and Prilosec. These are intended to be taken for a temporary period of time, but people are progressively taken them longer and longer. Recent studies have tied PPI use to kidney injuries, including acute interstitial nephritis, chronic kidney disease, and kidney failure. The drugs have also been linked to pancreatic injuries, including pancreatic cancer. We are suing several manufacturers for encouraging misuse of these drugs and failing to warn about the side effects. Visit our Proton Pump Inhibitor page to read more about these drugs.
• Opioid Painkillers – Opioid addiction has reached incredible numbers in the United States, and the issue has recently been declared a Public Health Emergency by the President and Department of Health and Human Services. More and more people have started taking opioids like hydrocodone and fentanyl, and the extreme addictiveness of these drugs can quickly cause people to become dependent and potentially overdose. Opioid manufacturers engaged in practices that largely contributed to the current opioid crisis and Parker Waichman LLP seeks to hold them responsible. Go to our Opioids page to find out more.
• Tasigna – Tasigna is a drug used to treat a certain kind of cancer: chronic phase and accelerated phase Philadelphia chromosome-positive chronic myelogenous leukemia (Ph+ CML). The manufacturer of Tasigna started ramping up marketing of the drug when its other cancer treatment drug, Gleevec, was about to lose patent protection. During this time, the manufacturer knew Tasigna caused a potentially fatal condition called atherosclerosis. Atherosclerosis is a thickening or blockage of a person’s arteries that can lead to heart attack, stroke, and death. Our firm is investigating these cases and filing lawsuits on behalf of injured persons and their families. Click on our Tasigna page to learn more about the drug and our lawsuits.

If you used a prescription (or over-the-counter drug like a PPI) and developed a side effect or complication, contact Parker Waichman LLP to see if you might be eligible to file a lawsuit against the manufacturer.

Defective Automobile Litigation

Automobile manufacturers must make sure that their cars, SUVs, and trucks are safe before selling them to consumers. Defects in automobiles can cause serious injury to both the occupants of the defective vehicle and to other motorists and pedestrians on the road. Some defective vehicles cases we have seen include:

• Faulty breaks
• Steering wheel malfunctions
• Airbag defects
• Hood malfunctions
• Faulty transmissions
• Defective seatbelts

State consumer protection laws, including New York Lemon Laws, help to protect people who buy faulty cars, and our firm helps people who have been injured because of a defective vehicle. If you bought a defective vehicle or were injured because of a defective automobile, contact Parker Waichman LLP today to begin a case investigation with one of our experienced product liability attorneys.

Cosmetic Products Litigation

As you might know, cosmetic products are not as closely regulated by the FDA as medical products, which means cosmetic product manufacturers do not have to go through the same rigors with the FDA before sending their items to store shelves. However, that does not mean manufacturers of cosmetic products get a free pass to sell dangerous products. They still have a duty to make sure the products they’re selling are safe for consumers to use. When they sell dangerous products and injure people, our firm fights back.

One cosmetic product we are heavily litigating right now is talcum powder. Women often use talcum powder, like Johnson’s Baby Powder and Shower to Shower powder, for feminine hygiene. Many women dust their undergarments and groin area with powder to prevent odor and excess moisture. This practice was initiated in part because of advertising by the manufacturers stating that talc powder could maintain freshness and softness. But the talcum powder manufacturers have long understood that there is a link between this powder and ovarian cancer. Our firm has filed numerous cases against the manufacturer of popular talcum powder for concealing this information and failing to warn consumers. Visit our Talcum Powder page to read more about the science and developments in this litigation.

Herbicides Litigation

Many people use herbicides at home or at work to control weeds. One extremely popular weed killer on the market is Roundup, and Parker Waichman LLP has been investigating a connection between the active chemical in Roundup (glyphosate) and certain types of cancer. Glyphosate has recently been declared a probable carcinogen, and studies have linked it to non-Hodgkin lymphoma and several subsets of non-Hodgkin lymphoma, including lymphocytic lymphoma, chronic lymphocytic leukemia, B-cell lymphoma, and hairy cell leukemia.

Parker Waichman LLP is suing the manufacturer of Roundup for faulty testing on the product and for concealing information about its cancer-causing potential from the public. Go to our Roundup page to find more information about this weed killer and the lawsuits we are filing on behalf of people who have developed cancer.

Building Material Litigation

When you buy materials for a build or for your home, you expect them to perform to the standards stated by the manufacturer and seller. Under New York law, manufacturers cannot make warranties on their products without backing them up and cannot send consumers away with dangerous materials. Our firm protects consumers by preserving their legal rights and obtaining appropriate compensation from the manufacturers when they buy defective products.

Right now, Parker Waichman LLP is investigating product liability cases involving building materials, including CertainTeed vinyl home siding. People who bought and installed this siding have found that it degrades, warps, melts, blisters, and ripples when exposed to basic outdoor elements, like heat and UV rays. The corporation then refuses to repair or refund consumers for their defective siding, despite lifetime warranties. You can visit our CertainTeed Siding page to read more.

Equipment and Tools Litigation

Some kinds of equipment and tools come with a certain amount of risk, like saws and nail guns, but manufacturers have to eliminate unnecessary and unreasonable dangers from these products to keep consumers safe. When equipment fails, people can suffer severe injuries including:

• Lacerations
• Amputations
• Broken Bones
• Head trauma
• Internal injury
• Electric shock
• Burns
• Death

Our firm carefully investigates these cases to make sure our clients and their families receive a just result and to change the way the tool or piece of equipment is designed, manufactured, packaged, or sold. Contact Parker Waichman LLP to find out more about these types of product liability claims.

The above is just a sampling of the product cases Parker Waichman LLP litigates. We are highly experienced in New York product liability law, and we are prepared to investigate your potential claim today, whether you have been injured by one of the products we have listed or by a different product. We want to help you and your family obtain the compensation you need to move forward.

New York Product Liability Laws

In a New York product liability action, we standardly allege that a manufacturer did not provide adequate warnings about its product, defectively designed the product, or defectively manufactured the product. In all of these cases, we have to tie the allegation back to the client’s losses or injuries.

In a design defect claim, we have to prove that the product in question was unreasonably dangerous because of a flaw in its design. We will usually present evidence of an alternative design to show the court that a safer design was possible. We then prove that the design defect caused the injury experienced by our client.

In a manufacturing defect case, we have to prove that an error occurred during the manufacturing process, and the product did not perform as intended. We do not have to examine the entire manufacturing process of the product but only the product’s state when it left the manufacturer’s hands. We also prove that the manufacturing defect caused our client’s injury.

In a failure to warn case, we need to prove that the manufacturer did not provide adequate warnings about the risks associated with its product. Patients and consumers are at a disadvantage regarding information about products because they can only access limited information. Manufacturers are required to provide the information necessary for people to make informed decisions about their medical treatment and consumer purchasing.  When they do not provide all required information, we will sue them alleging failure to warn and will prove that the failure caused our client’s injuries.

In addition to these claims, we can also bring actions against manufacturers for breaching warranties they have made about the product – express or implied – and can sue them under state and federal consumer protection laws. No matter what type of allegations we include, we must be sure to file the case within the time limits imposed by New York’s statutes of limitations.

Statutes of Limitations on New York Product Cases

Statutes of limitations are time limits set by state law on filing lawsuits. If you fail to file your case in court within the time limit set by New York law, you will be forever barred from filing it, regardless of how strong a case it might be.

While this might seem a harsh consequence, states implement these time limits to preserve evidence to be used during the case. If people delay in filing their cases, potential witnesses will not have fresh recollections of what happened, and documents or records you need might be lost or destroyed. But if people have to file their lawsuits expediently, their trials will undoubtedly contain stronger, more reliable evidence.

Each state in the United States sets its own statutes of limitations, and they vary based on the type of claim. New York’s statute of limitations on product liability actions is generally three years. You, therefore, must file your product claim in New York within three years. It can be difficult to determine, however, when the time might have started running, which is why it is so important to work with an experienced attorney.

When you hire Parker Waichman LLP for your product liability case, we will immediately begin working to calculate the correct statute of limitations in your case. A mistake in a calculation is extremely costly, so we take this step very seriously. Our attorneys know New York law and will make sure we have time to build you a strong case in time to file in the right court. Contact us today to further discuss your case and your potential statute of limitations.

How Can a Personal Injury Lawyer Help Me?

We understand that in product cases, you are dealing with several types of losses and injury. Our lawyers will tenaciously advocate for compensation for all of the ways you have been harmed by a defective product, which can include:

• Medical costs for both past treatment and treatment you will need in the future;
• Lost wages for time you have taken and will have to take off work;
• Costs associated with buying, servicing, or repairing your defective product;
• Compensation for your physical and mental pain and suffering;
• Loss of consortium damages if your injuries have changed your relationship with your spouse; and
• Punitive damages, if the facts of the case warrant an award that carries a punishing effect.

We are highly skilled product lawyers who have significant experience litigating a wide range of New York product liability cases. We know the circumstances of your case have significantly affected your life, and we want to help set you and your family back on track. Contact Parker Waichman LLP today to discuss your potential lawsuit.

TALK WITH ONE OF OUR NEW YORK PRODUCTS LIABILITY ATTORNEYS TODAY

The attorneys at Parker Waichman LLP are prepared to dedicate their decades of advocacy to your case, giving you and your loved ones the compassionate, legal guidance you need during this trying time. We offer free, confidential case consultations on all of our product cases, and we contract these cases on a contingency fee basis. This means our recovery is dependent on yours. If you don’t get paid, neither do we.

Because of statute of limitations considerations, the time to act is now. If you have been injured by or suffered a loss because of a defective product, do not delay in seeking counsel. Contact our firm today to start the process of reviewing your legal options.

Contact Parker Waichman LLP for Your Free Case Review

Parker Waichman LLP provides superior client representation with litigation focused on results. If you have or a loved one has been harmed by a defective product, contact Parker Waichman LLP for a free consultation today by filling out our online form or by calling 1-800-YOURLAWYER (1-800-968-7529).

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