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 responsible for any part of the manufacture of a defective product can be held liable for any injuries resulting 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, numerous different parties are often 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 creates the various ingredients and chemicals that make up the drug. After the product is made, one party will safely distribute 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;
- The wholesaler for the drug;
- The store that sells the paint to the consumer; 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?
For a consumer that was harmed by a defective product to be successful in their civil lawsuit against the party responsible for their injuries, 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 as 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), that the defect could have injured an average consumer; 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 inherently unsafe to the consumers to whom the product is sold. Design defects typically exist when the designer plans the item before the product is manufactured.
For example, a drug intended to treat a certain condition, such as Byetta with Diabetes, instead harms patients with that condition, which 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, before and up to the point of assembly, nothing is defective about the product. However, the product becomes defective during the assembly process due to some mistake or incorrect assembly.
For example, a machine not being properly sanitized may introduce harmful bacteria into a drug product during assembly. This mistake during assembly renders the product unsafe, especially concerning the product’s potential to cause harm or injury.
What Are Byetta Lawsuits?
Byetta is a type of prescription drug developed and released in 2003, which physicians prescribe as a treatment for Type 2 diabetes. Byetta works through various mechanisms to help improve an individual’s blood sugar by controlling their glucose levels. Byetta is usually administered to an individual via injection rather than being taken orally.
It is important to note that Byetta is classified as an incretin mimetic. In simple terms, this means that incretin’s main function is to stimulate a decrease in blood glucose levels, as they are released after eating to augment the insulin secretion.
However, as with most prescription drugs, taking Byetta has side effects. For example, Byetta has recently been associated with several harmful side effects and dangerous conditions, including:
- Issues related to the pancreas, including:
- Acute pancreatitis, chronic pancreatitis, hemorrhagic pancreatitis, pancreatic inflammation, and pancreatic cancer;
- Kidney damage, resulting in renal failure as the kidney fails and is unable to remove wastes properly from the body;
- Hypoglycemia, i.e., low blood sugar;
- Diarrhea;
- Vomiting; and
- Thyroid cancer.
Generally, the most commonly cited side effect of using Byetta is inflammation of the pancreas, a.k.a. pancreatitis. Specifically, exenatide, one of the ingredients in Byetta, is often linked to an increased risk of pancreatitis.
Pancreatitis can involve numerous other symptoms listed above, like vomiting, nausea, and severe abdominal pain. Further, if the pancreatitis is left unchecked, pancreatitis can lead to more serious health complications, such as chronic pancreatitis, pancreatic cancer, or death.
Two federal class action lawsuits were initiated in March and April 2019 by patients that took Byetta because of the risks of harm and harmful side effects suffered by individuals that utilized Byetta.
Both class action lawsuits were filed in New York by a group of litigants harmed by using Byetta. Within the lawsuits, the plaintiffs (i.e., the persons harmed) alleged that Pfizer and AstraZeneca, the companies behind Byetta, failed to inform physicians and individuals about the risks of utilizing Byetta.
Who Can Be Held Liable for a Byetta Injury?
As can be seen, the injuries related to using Byetta can be harmful and sometimes life-threatening. As discussed above, most of the legal claims arising from injuries suffered by using Byetta will be brought under the legal theory of product liability. As such, the drug manufacturer, wholesaler, pharmacy, and even the physician may be held liable for injuries associated with using Byetta.
Additionally, Byetta lawsuits may also be brought under the legal theory of medical malpractice. Medical malpractice occurs when a doctor, another medical professional, or healthcare organization falls below the standard duty of care that is required of them when:
- Managing;
- Diagnosing; or
- Treating a patient resulting in an injury to that patient.
This deviation from the standard duty of care required of all medical professionals is generally the result of negligence. Medical malpractice law allows an injured patient to bring a legal claim against a negligent medical professional. This means that medical malpractice lawsuits allow a patient to recover damages for the harm caused by the professional’s substandard conduct. In the case of Byetta, a physician may be held liable for prescribing their patient Byetta, especially if they knew of the risks associated with using the drug and failed to inform the patient.
Are There Any Legal Remedies for Byetta Injuries?
As mentioned above, Byetta injuries can be quite serious and result in numerous injuries suffered by an individual who used the drug. The most common legal remedy that is sought by individuals harmed by using Byetta is monetary damages. Monetary damage awards are meant to cover a plethora of harm suffered by the plaintiff, including:
- Medical expenses, such as hospital stay costs, surgery costs, and prescription costs;
- Loss of earning capacity if a patient is unable to return to work;
- Loss of income for the time a patient misses work as a result of their injury;
- Damages for pain and suffering; and
- Punitive damages, which are damages meant to punish the wrongdoer in cases where the tortfeasor is found to be grossly negligent.
In cases that resulted in the death of the individual that took Byetta, wrongful death damages may also be involved. As mentioned above, class action lawsuits were filed due to deceptive marketing and failure to inform physicians and users of the side effects of Byetta.
Do I Need a Lawyer for Help With Filing a Byetta Lawsuit?
As can be seen, Byetta injury claims often involve complex product liability and medical malpractice laws. If you have been harmed due to taking Byetta, it is best to consult with an experienced class action attorney immediately.
An experienced personal injury attorney will be able to help you determine who may be held responsible for your injuries. Additionally, an attorney can initiate a civil lawsuit and represent your interests in court as necessary.
