Personal Injury

Strict product liability is the absolute responsibility for damages or injury given to a person or party even without proof of fault or negligence. This is a legal responsibility from anyone involved in the chain of manufacture of a product that caused damages or injury to a consumer. Strict liability does not depend on the level of caution or care of the defendant, but then defendant is held liable so long as the product is proven to be defective.

In most tort cases, the key factor is proving negligence or fault through the standard of action of the defendant. To be guilty of negligence typically means the plaintiff should present evidence of any conduct or manner that is below the expected standard of care of an average reasonable person. This rule does not apply to strict liability claims. Strict product liability disregards any inquiry on the standard of conduct of the defendant; it has replaced the “standard negligence rule” because it has been too difficult to establish fault or negligence on the part of the manufacturer.

For strict liability case, plaintiffs should be able to show that the product was marketed in a dangerous condition and that the marketer was aware that the consumer will receive the product without any changes on it. It is also important to show that the defective product caused injury to the plaintiff or his property. Although the state has accepted the strict product liability law, the manufacturer is not automatically liable. Some situations where the plaintiff can be at fault includes him using the product knowing there is a chance of injury (assumption of the risk), an event or person have interacted that may have been the real cause of the injury, or the plaintiff’s own carelessness contributed or is the actual cause of injury.

Those who can be sued for strict product liability include manufacturers, retailers, and distributors. Any of these can be the defendants in the personal injury or product liability claim, and once the case has been filed, it is then the responsibility of the defendant to prove who among them are really at fault and who should pay compensation for the damages.

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Intensive research and tests are required before a pharmaceutical company is able to produce a drug that would help treat or lessen the worsening effects of serious illnesses people are suffering from. And even before gaining approval from the US Food and Drug Administration to be made available to the public, clinical trials should show that this newly manufactured drug has manifested the benefits it claims to provide.

The various prescription drugs that have been previously approved by the FDA to treat type II diabetes have certainly undergone research and clinical tests. These have also been proven effective, until a few years after being prescribed to millions of patients, when serious side-effects or death were linked to these. Though some of these drugs worked much better than the ones they preceded, as well as effectively slowed down the worsening of diabetes just as their manufacturers said, the serious injury these have caused cannot be denied. Thus, rather than easing the condition of diabetics, these have been the cause of more life-threatening health conditions.

Byetta (exenatide), which was approved by the FDA in 2005 for type II diabetes patients, is another drug that has been linked to serious side-effects. On its website, Williams Kherkher gives valuable information about this drug, how it works and the danger of using this medicine that is injected into the body twice a day, specifically, “within 60 minutes of the first and last meals.” It goes on to says that, after being injected on the arm, thigh or abdomen, Byetta mimicks the natural hormones of the body for insulin production. Though effective, it has been linked to health risks, such as development of pancreatic duct metaplasia , the cause cancer in the pancreas. This same information is reported by the FDA Drug Safety Communication.

It has been reported that between 2005 and 2008, close to seven million patients had been prescribed with Byetta. It was also during these years when 78 cases of kidney failures and other kidney-related problems were reported to the FDA. Specifically, in 2007, higher risk of developing acute pancreatitis was linked to the use of Byetta. Acute pancreatitis, which is inflammation of the pancreas, is a life-threatening condition.

Other common side effects of Byetta include nausea, vomiting, hypoglycemia, or low blood sugar (this happens when Byetta is used with other diabetes drugs), diarrhea, dizziness, headache , upset stomach or heartburn, feeling of weakness, decreased appetite, increased sweating and Gastroesophageal reflux disease (GERD).

After reports of the injury or side effects caused by Byetta were communicated by the FDA, majority of the patients to whom the drug has been prescribed stopped using it. Many of those who stopped were also reported to have had improvement in the function of their kidney.

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