Creating a product and selling it in the marketplace is a complex process. Through development, design, assembly, and marketing it for appropriate use, there is plenty of room for an error to occur. It is the responsibility of the manufacturer and federal organizations like the Consumer Product Safety Commission to oversee this process, and ensure that user safety is a top priority.
- A product can cause serious harm to an individual in a variety of ways. These can include:
- Deceptive marketing or advertising materials
- Faulty safety mechanisms
- Harmful side effects
- Lack of appropriate warning labels
- Manufacturer design
At Kolsby Gordon, we are experienced in proving products liability cases in the courtroom. These difficult cases often include large–and in some cases, multiple–companies with sizable legal teams defending them.
Yet Kolsby Gordon has a distinct advantage over other firms–two of our attorneys have advanced engineering degrees, and can thoroughly explain to a judge and jury the complex relationship between products and the injuries they can cause—whether the defect is in the design, manufacture, or marketing.
We also have strong relationships with experts nationwide, including engineering, mechanical and electrical specialists, and research and development specialists. Creating these large networks allows us to bring in thought leaders from each industry that can explain and challenge manufacturers who create shoddy and defective products.
If you or your family have been injured by using a product or machine, and feel the injury could have been prevented by a safer product, please call Kolsby Gordon today.
Products Liability Cases
Patient who suffered nerve damage from faulty surgical device receives $7.5 million settlement
A young professional, running to catch a train, tripped and fell down a flight of concrete steps. As part of the treatment for her rotator cuff injury, she underwent an arthroscopic procedure involving an electrothermal heating probe.
As Kolsby Gordon lawyers later proved, the device had been repeatedly connected with causing nerve damage. The manufacturer was aware of the conditions that led to the nerve damage, and presentations had been made at top conferences about how to prevent it. Yet neither her surgeon nor the manufacturer took the steps necessary to prevent the nerve damage from occurring to her shoulder during the procedure.
The resulting damage was chronic and debilitating—afterwards she required long-term help with even basic chores, as well as around-the-clock opiates for pain management. Because of the negligence of the doctor and the manufacturer, her career was finished. Kolsby Gordon helped our client secure a significant settlement that covers future medical and living expenses as she moves forward with her life.
Seven-figure settlement for family of seven-year-old killed by faulty bed.
Kolsby Gordon attorneys represented parents who found their daughter trapped in her bed manufactured specifically for special needs children, stuck between her mattress and the railing, where she ultimately died. Investigations revealed several other similar cases of suffocation involving the same bed from the same manufacturer.
As a result of this case, the family not only received a significant settlement. Kolsby Gordon attorneys worked to publicize critically-important research from the case to inform other parents of special needs children, and help them avoid a similar fate.
Victim harmed by defective forklift receives seven-figure verdict.
A defective forklift lacked an audible alarm system that would alert nearby workers and passerbys. As a result, the forklift struck our client, causing extensive permanent damage to their knees, thighs, and lower back. As is common in such devastating accidents, our client also experienced psychological injuries—all of which could have been avoided had the manufacturer ensured this forklift was equipped with the proper safety mechanisms.
High rate of heart disease among Fen-Phen users.
Patients used a combination of pharmaceuticals (phentermine and fenfluramine) in an effort to reduce appetite and manage obesity. Among those people, there was an extraordinarily high rate of a particular kind of heart disease. Kolsby Gordon attorneys represented many Fen-Phen victims with successful results.
Kolsby Gordon helped several individuals after they experienced specific cardiac problems, including a patient who required valve surgery to address heart disease brought on by the diet drug. Another patient, a young woman, discovered her primary pulmonary hypertension was related to diet drugs and turned to Kolsby Gordon to mount a convincing case. Both cases resulted in settlements of six-figures and higher.
DES causes cancer.
For decades, diethylstilbestrol (DES) was prescribed to pregnant women to prevent premature labor and miscarriage. Eventually it was linked to increased rates of cancer and other health problems among the millions of children born from the women who took DES. Kolsby Gordon handled the nation’s first DES case, and was appointed lead counsel for numerous follow-up lawsuits.
Baycol causes potentially fatal condition.
This statin drug was popular for lowering cholesterol. After it had been on the market for some time, it became clear that in some patients Baycol caused a condition where muscles deteriorated so badly that muscle cell contents was released into the bloodstream, where they could cause potentially fatal organ damage. Kolsby Gordon attorneys represented thousands of Baycol users in this successful national lawsuit.
Six-figure settlement after faulty surgical tool leads to infection and death.
A bronchoscope that was used in a lung transplant patient was defective in such a way that it resulted in a fatal infection.
Kolsby Gordon represents numerous plaintiffs in Dow Corning breast implant cases.
Dow Corning breast implants were initially sold as safe and non-reactive with human tissue, but were shown to leak, tear, and interact with human tissue in a way that caused an array of illnesses. Kolsby Gordon litigated on behalf of several clients to secure exceptional case victories.
Kolsby Gordon represents numerous plaintiffs in Dalkon Shield cases.
The Dalkon Shield IUD was sold as birth control in the early 1970s. It was later found that the contraceptive device caused miscarriages, infertility, and severe damage to female organs. Kolsby Gordon attorneys achieved strong results for several clients in these cases.