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 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 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.
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, during the assembly process, the product becomes defective 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 Provigil Lawsuits?
Provigil is a prescription medication that is utilized to promote wakefulness in the individual that takes the medication. As such, Provigil is generally used to treat sleep conditions, such as individuals who have sleep apnea, narcolepsy, or other excessive sleepiness issues. Provigil is also prescribed in cases where an individual’s sleeping patterns have been disturbed due to a change in work shifts, known as “shift work sleep disorder.”
Medically speaking, Provigil is also known by other names, such as modafinil, and the drug specifically functions by altering certain neurotransmitters and other brain chemicals to provide a stimulant to the user.
Regarding noteworthy lawsuits involving Provigil, a class action lawsuit was settled in 2019. In that lawsuit, the users of Provigil claimed that the makers of Provigil violated state antitrust and consumer protection laws by delaying the availability of less expensive and generic versions of the drug. Specifically, the members of the class action lawsuit cited that the makers of Provigil initiated a pay-for-delay scheme in which they paid the generic drug manufacturers to delay the introduction of generic Provigil onto the market.
After that class action lawsuit, other individuals filed claims against the makers of Provigil for the drug’s adverse conditions and side effects, which resulted in those users suffering personal injuries.
As with most prescription drugs, there are side effects to taking Provigil. For example, Provigil has recently been associated with several harmful side effects and dangerous conditions, including, but not limited to:
- Issues related to heart-related defects, such as congenital heart defects for parents who took Provigil;
- Skin damage, specifically developing a skin condition called Stevens-Johnson Syndrome (“SJS”), which is an often fatal skin condition;
- Dizziness, nausea, and clumsiness;
- Fever and chills;
- The development of a cleft lip or palate; and
- An increased pattern of sleepiness and confusion.
Who Can Be Held Liable for a Provigil Injury?
As can be seen, the injuries related to the use of Provigil can be harmful and, in some cases, life-threatening. As discussed above, most of the legal claims arising from injuries suffered by Provigil 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 the use of Provigil.
Provigil lawsuits may also be brought under the legal theory of medical malpractice. Medical malpractice occurs when a doctor, another medical professional, or a 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 Provigil, a physician may be held liable for prescribing their patient Provigil, especially if they knew of the risks associated with using the drug and failed to inform the patient. Further, if the physician over-prescribed a person with Provigil and they developed a medical issue; as a result, the physician may also be held liable in those cases. However, the plaintiff must prove that the physician violated the standard duty of care they owed the plaintiff.
Do I Need a Lawyer for Help With Filing a Provigil Lawsuit?
As can be seen, Provigil injury claims often involve complex product liability and medical malpractice laws. As such, if you have been harmed due to taking Provigil, it is in your best interests to immediately consult with an experienced class action attorney in your area.
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 on your behalf and represent your interests in a court of law, as needed.
If there are any changes or updates to injury laws that might affect your legal rights or options, a lawyer can also keep you updated. Contact a lawyer if you have questions or concerns regarding a specific law or statute.
