Morcellators: A Complicated Example of Product Liability
Designers, manufacturers, distributors and everybody else who is involved in trade should make sure that the products they put out into the market are safe. If their products turn out to be defective and cause injury to a consumer, they may be held accountable. This legal concept is called product liability.
According to the website of Mazin & Associates, PC, the root cause of dangerous products usually stems from three areas: a design defect, a manufacturer defect, and a lack of warnings and proper directions that demonstrate the safe use of the product.
A design is considered defective if it is inherently dangerous, like when the gaps of a fan guard are too wide to be safe for your fingers. A manufacturer defect occurs if the manufacturing process itself has produced a low-quality product, like when the chain of a swing set you just paid for snapped because of a crack. A product without the proper warnings, especially about dangers that are not too obvious, can also be considered defective, like when a specific drug has failed to warn you about its possible negative interactions with other drugs.
These defects can be considered negligent, and it is just right for the responsible parties to be held liable. But there is a different kind of defect that seems to be a little more complicated than others. An example of this is the morcellator.
A morcellator is a surgical device used to divide and remove lumps of tissue. It is often used in gynecologic surgery. But a study has found that the use of morcellators, especially on the removal of fibroids, has a direct correlation with cancer growth. This can be tricky because it can be hard to determine whether this is a defect on the design, manufacturer, or the lack of warnings and labels.
But it can be argued that it is truly a case of product liability. In fact, according to the website of Williams Kherkher, Johnson & Johnson has already recalled three of its power morcellators. The attorneys at Williams Kherkher are investigating claims about morcellators and cancer growth.
The case of morcellators is enough proof that product liability can be complicated, but it is still good to know that the law is on the side of the consumers and potential victims of dangerous products.