In short, product liability is the set of laws that hold a manufacturer or seller of a product accountable for placing a defective product into the stream of commerce.
Under product liability laws, any party that is responsible for any part of the manufacture of a defective product can be held liable for any injuries that result from the use of the product. This includes any seller of the defective product, such as drug wholesalers or pharmacies.
For example, in the process of creating a drug product there are often numerous different parties that are involved in the manufacture, distribution, and sale of the drug. For instance one manufacturer may create the container or capsule for the drug, while another manufacturer creates the various ingredients and chemicals that make up the drug, etc. After the product is made, one party will then be in charge of safely distributing the drug to a drug seller.
If the resulting drug that was created is defective, such as by containing harmful bacteria or chemicals not meant to be present, then any of the following parties involved may be held liable for any resulting injuries:
- The assembling manufacturer that assembled the drug together;
- The wholesaler for the drug;
- The store that sells the paint to the consumer; and/or
- The manufacturer of the specific part of the drug that was found to be defective.
What Are The Elements Of a Product Liability Claim?
In order for a consumer that was harmed by a defective product to be successful in their civil lawsuit against the party responsible for their injures, they must typically prove the following:
- That a product has been sold to them in the stream of commerce;
- That the seller or manufacturer was under an obligation to sell or manufacture the product in such a way to meet the ordinary expectation of average consumers;
- That at the time of sale the product contained a design defect or a manufacturing defect;
- That the defect in the product is what caused the product to be unreasonably dangerous;
- That the defect was foreseeable (i.e. predictable), and that an average consumer could have been injured by the defect; and
- That injury caused an average consumer to sustain quantifiable damages.
Once again, a design defect is a defect in the product that affects the way a product is initially designed to work. The defect in the design renders the product as inherently unsafe to the consumers that the product is sold to. Design defects typically exist when the designer was planning the item, but before the product is actually manufactured.
For example, a drug that is intended to treat a certain condition, but instead results in harming patients that have that condition, is likely a flaw in the product design. As such, it would be considered a design defect.
A manufacturing defect is a defect that results from how the product is put together or assembled. In most manufacturing defects, prior and up to the point of assembly, there is nothing actually defective about the product. However, during the assembly process, the product becomes defective either due to some mistake or incorrect assembly.
For example, a machine not being properly sanitized may result in the introduction of a harmful bacteria into a drug product during the assembly process. This mistake during assembly renders the product as unsafe, especially with respect to the product’s potential to cause harm or injury.
What Are Altretamine – Hexalen Lawsuits?
Altretamine, which is often referred to by its trade name Hexalen, is a drug that is prescribed for the treatment of patients with recurrent ovarian cancer following therapy treatment that occurs with cisplatin and/or alkylating agent-based combination. Specifically, Hexalen interferes with the growth and spread of cancer cells, which is intended to result in the destruction of cancer cells.
Hexalen belongs to a larger group of drugs that are known as antineoplastics. Hexalen was approved by the United States Food and Drug Administration (“FDA”) in 1990 for the treatment of ovarian cancer.
There are numerous different lawsuits that may be linked to Altretamine, otherwise known as Hexalen. The most common lawsuit that is linked to the use of Hexalen is a product liability claim that is made by an injured patient that experiences an injury due to their use of Hexalen.
For example, patients that have taken Altretamine or Hexalen have experienced certain side effects including:
- Extreme fatigue;
- Dizziness;
- Weakness in the body;
- Stomach cramps;
- Diarrhea;
- Nerve tissue damage;
- Fever; and
- Tremors.
Because of the high possibility of side effects when taking Altretamine/Hexalen, specifically the increased risk of nerve damage, frequent neurological examinations should be administered by physicians that prescribe the drug for treatment of cancer cells.
Specifically, acute peripheral neuropathy, a disease that affects the peripheral nerves impairing sensation, movement, gland, or organ function, is one side effect that may occur. A sudden onset of peripheral neuropathy may result in permanent nerve damage.
Another common injury linked to Altretamine/Hexalen is an injury resulting from an improper prescription of the drug. For example, there are many fake providers online that may prescribe or deliver the drug to a patient wishing to use the product.
However, use of these products is not governed by the FDA and can result in severe illness, disease, or death. As such, it is important not to acquire any generic version of the drug online unless directly referred by your physician.
Additionally, Altretamine/Hexalen has been linked to causing harm to unborn children, and as such should not be prescribed to or taken by a pregnant person. Prescribing the drug to a pregnant woman may result in the physician being sued for medical malpractice.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, other medical professional, and/or healthcare organization falls below the standard duty of care that is required of them when:
- Managing;
- Diagnosing; and/or
- Treating a patient, resulting in an injury to that patient.
This deviation from the standard duty of care that is required of all medical professionals is generally the result of an act of negligence.
Medical malpractice law is what allows an injured patient to bring a legal claim against a negligent medical professional. It also allows them to recover damages for the harms that were caused by the professional’s substandard conduct.
Examples of the most common types of medical malpractice claims related to Hexalen include:
- Improperly diagnosing or failing to diagnose a patient;
- Prescribing the wrong treatment or wrong medication;
- Not providing the patient adequate information regarding the drug, or receiving informed consent from the patient before the patient takes the drug; and
- Inputting erroneous data into a patient’s medical chart, such as allergies, which cause harm to the patient due to the drug.
Do I Need A Lawyer For Help With Res Ipsa Loquitur In Medical Malpractice?
If you have taken Altretamine, also known by its trade name Hexalen, and have been injured as a result of taking the drug, it is in your best interests to consult with an experienced class action attorney immediately.
An experienced personal injury attorney can help you understand your legal rights and options according to your state’s specific medical malpractice laws, and will also be able to represent you in court, as needed.
