Product Liability

An estimated 454,383 people suffered injuries from medical devices in a 12-month period from 1999 to 2002, according to researchers from two federal regulatory agencies. FDA researchers and the Consumer Product Safety Commission says despite the high number of injured Americans, this number may actually be understated because the study counted just patients treated in emergency rooms.

Product liability is an area of law dealing with the liability of the manufacturer, wholesaler or retailer of a product for injuries resulting from dangerous and defective products. This can be inclusive of not just medical devices, but medical implants, drugs, appliances, food, cars, tobacco, as well as many other consumer products.

For years, some regulators and large corporations have tried to restrict the rights for American consumers to bring product liability claims. In late August 2004, the U.S. Chamber of Commerce announced it was going to spend $10 million on television ads in seven battleground states urging voters to support restrictions on lawsuits. Even before releasing its campaign ads, the Chamber of Commerce had already put $100 million into lobbying against lawsuits, claiming product liability suits add a “tort tax” of $809 per person every year to the cost of goods and services.

Despite a recent analysis of the Medicare population estimating medical errors kill 131,000 people a year, the fourth leading cause of death, medical malpractice suits are jut five percent of personal-injury filings, with product liability cases another five percent. The overly litigious state Americans are said to be in when looking closely at the numbers do not appear as “frivolous” as some special interest groups make it out.

Products liability cases are able to better regulate the overall safety of American consumers when dangerous products fall through regulation and emerge on the market. Today, Americans are the least likely to die a premature death, in part because government regulation and strict product liability laws have made protecting citizens a priority. No longer allowing citizens easy access to the judicial system by limiting product liability awards and making it harder to pursue a case can only work to infringe on consumer rights and safety.

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