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Date: 03-02-2023
Case Style:
Case Number: 1:21-cv-003214
Judge: Robert B. Kugler
Court: United States District Court for the District of New Jersey (Camden County)
Plaintiff's Attorney:
Defendant's Attorney: Josanne Celestine
Description: Camden, New Jersey personal injury lawyer represented Plaintiff who sued Defendant on a product liability theory claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of a defective and unreasonably dangerous produce designed, manufactured and/or sold by Defendant.
"We add value through superior customer service in the distribution of a broad line of generic pharmaceuticals, leveraging vertical integration and efficient controlled processes." Aurobindo
"The liability for a defective product typically falls on all parties connected to the issue along the chain of manufacture and sale, including
Designers of the product
Manufacturers of parts for the item
Assembly plants where the product gets put together
Distributors who sell the items to noncompeting end users
Retailers that carry the product in their stores.
The level of culpability increases if a business knew the product caused harm when used as directed and released it anyway. A common example of this would be lawsuits aimed at drug companies where patients are harmed by side effects about which they weren’t adequately warned, even though the company was already well aware.
The types of evidence necessary to successfully file a liability claim depends on the type of defect and where in the chain of manufacturing it occurs. For this reason, it is best to understand the more common types of defects leading to liability.
Common Defects Leading to Liability
Product liability is often brought on by one of three common defects: design, manufacturing or marketing.
Design Defects
A design defect happens when there is a fundamental flaw in how a product was created, which meant it was always going to be harmful to the customer. For instance, a company that sells toys releases a product with a sharp edge that could cut a child. This problem existed in the design and was never caught or corrected, leading to multiple injuries.
If someone believes a product harmed them due to a design defect, they must be able to demonstrate not only that the flaw exists, but that the company could have avoided harm with a safer alternative of equal economic value that achieved the product’s primary objective.
Manufacturing Defects
Manufacturing defects happen during the construction phase of product creation. A victim can claim product liability if they show the item was dangerous due to a manufacturing error. Using the previous example, a toy has a manufacturing defect if the manufacturing phase resulted in sharp edges that caused injuries.
A manufacturing defect can be proven if the item differs from the manufacturer’s intended design or differs from the units found within the same production line.
Marketing Defects
Marketing defects, sometimes known as a “failure to warn” or “warning defect,” happens when a company begins promoting a product but fails to provide consumers with accurate warnings regarding potential harm. For example, a company markets a drug but fails to warn it may cause strokes.
The manufacturer or seller could still be culpable in a product liability lawsuit for their warning label, if:
It is poorly placed, and the consumer is unlikely to find and read it.
The warning doesn’t use layman’s terms, making it hard to understand.
The text is very small and difficult to read,
Three Paths to a Product Liability Claim
Depending on the state where the product liability claim is made, a plaintiff will likely have to prove one of the following elements to successfully move forward with their case.
Negligence
In this context, negligence refers to the careless or reckless actions of a product developer, manufacturer, distributor or seller that causes harm. Most of these cases fall under negligence per se (where negligence exists simply if the defendant broke a law causing injury), a plaintiff can successfully file a product liability lawsuit or claim if they can prove
The defendant violated a law
The law was designed to protect a certain class of people and the plaintiff is in that class
The plaintiff was injured
If a plaintiff, for example, is suing for negligence as it relates to a faulty car airbag that caused serious physical harm, they would need to prove
The airbag manufacturer and car company, as defendants in the case, violated a state law or county or regarding a specific safety standard.
They as a consumer were part of a class of people the law was meant to protect.
That the careless actions of the defendant not only caused harm but also did so in violation of the laws.
In certain circumstances, if a plaintiff’s negligent behavior caused or significantly contributed to their own injury, they may not be able to recover damages, or the amount they receive is significantly reduced.
Strict Liability
Strict liability finds that defendants responsible for the design, manufacture, marketing or sale of a product are liable when it causes injury to a plaintiff. The statutes are cut and dry; as long as the plaintiff can prove they were harmed by the product, it doesn’t matter whether the defendant acted intentionally or negligently.
A company could provide warnings about potential dangers, but if the warning was hard to find or understand, and they were harmed, a court could find the company liable according to the state’s strict liability laws.
The nature of strict liability is controversial, some legal scholars argue against the concept of the court failing to take into account the defendant’s intentions.
Breach of Warranty Fitness
A breach of warranty fitness occurs when the product fails to work as guaranteed by its warranty; this could also be considered a breach of contract. The three types of warranties this type of breach may fall under are express, implied warranty of merchantability and implied warranty of fitness.
Express Warranty
Express warranties are specific guarantees a seller makes about a product. This could be in writing or verbal. Some examples of express warranty
A commercial explaining how the product works
The seller’s verbal guarantees
In-store advertising
Paperwork accompanying the product
Implied Warranty of Merchantability
This type of unwritten warranty implies a product is free of defects related to its design, manufacturing or labeling. The implication is that the product offered is fit to carry out the purpose for which it is sold. If the product causes harm or loss, a plaintiff can not only file a product liability lawsuit specific to the defect, but also for violating the implied warranty of merchantability.
Implied Warranty of Fitness
An implied warranty of fitness exists when the seller is aware that a consumer is buying their product for a specific purpose and trusting the seller’s word that the product can fulfill that purpose, however, the product is not appropriate for whatever the desired purpose is. A company might decide to sell a mood disorder pill as a weight loss supplement because some patients experienced weight loss as a side effect.
The company in this example would be on the hook for violating the implied warranty of fitness because they are selling an item for a reason other than what it was created for, opening consumers up to risks for which they’re not prepared.
" Forbes Advisor
Outcome: 03/02/2023 19 ORDER OF DISMISSAL: The Complaint is Dismissed with prejudice. Signed by Judge Robert B. Kugler on 3/2/2023. (jab) (Entered: 03/02/2023)
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Defendant's Experts:
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