Intermediaries' Liability for Distributing Drugs and Medical Devices

As a general rule, intermediaries (retailers, distributors, or wholesalers involved in distributing drugs and medical devices) have the same liability for a drug or medical device as the drug company that manufactured the product. Intermediaries that merely distribute the product can generally avoid liability, but distributors whose only activity involved unwrapping and rewrapping the products for sale to the retailer have been held liable. Some states have laws that prevent non-manufacturers from being held liable for injuries caused by defective products.

Product Liability Suits Involving Injury Caused by Altered Product

Products liability is an area of law dealing with personal injuries and property damage caused by products that are defectively designed or manufactured. A manufacturer has a duty to exercise ordinary care in designing and manufacturing a product. A product carries an implied promise that it is safe for its intended use.

Defective Vehicle Gas Tanks

Vehicle gas tank explosions are responsible for numerous deaths in the United States. Product liability actions involving gas tank explosions generally allege that the injuries the plaintiffs incurred in an accident were made worse because the defective design of the gas tank made it more likely that the gas tank would explode. Actions alleging defective gas tanks usually allege that the gas tank was improperly designed, that it was improperly located on the vehicle, or that the manufacturer failed to warn vehicle owners of the dangers associated with the gas tank or its placement. However, vehicle manufacturers are not required to produce a gas tank that is incapable of exploding.

Insurance and Drug Products Liability

An insurance policy is a contract between an insurance company (the insurer) and an individual or company (the insured). Under the contract, the insurer agrees to defend the insured if the insured is sued. The insurer also agrees to indemnify or repay the insured for any losses that are covered by the policy.

Manufacturing and Design Defects

Products liability is an area of law that covers personal injuries and damage caused by defective products. A defective product is a product that causes injury or harm because there is a flaw in the product. Sometimes the design of the product makes it defective. Sometimes flaws in the manufacturing process cause a product to be defective. This article discusses manufacturing and design defects in products liability litigation.