Defendant's Attorney: Indianapolis, Indiana insurance defense lawyer represented the Defendant.

Description: Indianapolis, Indiana personal injury lawyer represented the Plaintiff who sued the Defendant on a product liability theory.

Cook Medical is facing IVC filter lawsuits citing wrongful injuries. Courts have found in favor of multiple plaintiffs in bellwether trials.

Indiana product liability law can hold manufacturers, distributors, and sellers of a defective product accountable for injuries caused by that product. Here's a breakdown of its key aspects:

Types of Claims:

Manufacturing Defect: The product was not made correctly, resulting in a flaw that makes it unreasonably dangerous.
Design Defect: The product's design itself creates an unreasonable risk of harm, even when the product is manufactured perfectly.
Failure to Warn: The manufacturer failed to provide adequate warnings about potential dangers associated with the product.

Defenses:

Open and Obvious Danger: The user knew or should have known about the danger and voluntarily exposed themselves to it.
Assumption of the Risk: The user willingly and knowingly used the product in a way that created an unreasonable risk of harm.
Misuse: The user used the product in a way that was not intended or reasonable, causing the injury.

Burden of Proof:

The injured person must prove that the product was defective and that the defect caused their injury.

Damages:

If successful, the injured person may be entitled to compensation for:

Medical expenses: Costs associated with treating the injury.
Lost wages: Income lost due to the injury.
Pain and suffering: Compensation for physical and emotional distress.
Disability: Compensation for permanent or long-term limitations caused by the injury.
Property damage: If personal property was damaged by the product.

Strict Liability vs. Negligence:

Indiana recognizes strict liability in product liability cases for manufacturing defects. This means that the manufacturer is liable for the injury regardless of whether they were negligent in causing the defect. However, for design defects and failure to warn claims, negligence must be proven.

Statute of Limitations:

Generally, you have two years from the date of your injury to file a product liability lawsuit in Indiana. There are some exceptions to this rule, so it's important to consult with an attorney to ensure you don't miss the deadline.

Google Bard

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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