Defendant's Attorney: Anne M. Talcott, David E. Stanley, Elizabeth Graves, Jason A. Wrubleski
Description: Eugene, Oregon personal injury lawyer represented Plaintiff who sued defendant on a product liability theory.
Allergan plc is an American, Irish-domiciled pharmaceutical company that acquires, develops, manufactures and markets brand name drugs and medical devices in the areas of medical aesthetics, eye care, central nervous system, and gastroenterology. The company is the maker of Botox.
Allergan plc was formed in March 2015 when Irish–registered Actavis plc acquired U.S.–registered Allergan, Inc., and assumed the Allergan name.
In 2016, Allergan sold its generic business, Actavis, to Teva Pharmaceuticals for $40.5 billion.[6]
In June 2019, U.S. pharmaceutical company AbbVie announced it had reached an agreement to acquire Allergan for $63 billion. The merged company would be domiciled in the U.S. for tax purposes
Oregon product liability law allows a person to sue the manufacturer, distributor, seller, or lessor of a product if they are injured by a defective product. The law defines a defective product as one that is unreasonably dangerous because of a design defect, a manufacturing defect, or a failure to warn.
To recover damages in a product liability case, the plaintiff must prove that the product was defective and that the defect caused their injury. The plaintiff must also prove that they were not more than 50% at fault for their own injury.
Oregon product liability law has a two-year statute of limitations for filing a claim. This means that the claim must be filed within two years of the date of the injury. There is also a 10-year statute of repose, which means that a claim cannot be filed more than 10 years after the product was first sold.
If you have been injured by a defective product, you should speak with an attorney to discuss your legal options. An attorney can help you determine if you have a valid claim and can represent you in court if you decide to file a lawsuit.
Here are some of the most common types of product liability claims in Oregon:
Design defects: A design defect is a flaw in the product's design that makes it unreasonably dangerous. For example, a car with a faulty steering mechanism would be considered a design defect.
Manufacturing defects: A manufacturing defect is a flaw that occurs during the production process. For example, a defectively manufactured tire that blows out and causes a car accident would be considered a manufacturing defect.
Failure to warn: A failure to warn claim arises when the manufacturer or seller of a product fails to warn users of a known or foreseeable danger associated with the product. For example, a drug manufacturer that fails to warn users of the potential side effects of a medication could be liable for injuries caused by those side effects.
If you have been injured by a defective product, you should contact an experienced product liability attorney to discuss your legal options. An attorney can help you determine if you have a valid claim and can represent you in court if you decide to file a lawsuit.
Outcome: 07/06/2023 24 Opinion and Order: Defendant's Motion to Dismiss, ECF No. 19 is GRANTED. Because Plaintiff's claims are time-barred, the claims are DISMISSED with prejudice. Signed on 7/6/2023 by Judge Michael J. McShane. (cp) (Entered: 07/06/2023)
07/06/2023 25 JUDGMENT: Based on the record, this action is DISMISSED, with prejudice. Signed on 7/6/2023 by Judge Michael J. McShane. (cp) (Entered: 07/06/2023)
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