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Santa Clara County defective product injury attorney

Injuries associated with consumer products accounted “for nearly one-third of all unintentional fatal injuries and nearly half of medically attended nonfatal injuries,” according to a report released by the U.S. Consumer Product Safety Commission (CPSC) in 2018. Based on the latest data available—41,200 Americans are fatally wounded by a consumer product-related injury every year, and 39.8 million will require medical treatment for their injuries. This means nearly one out of every 10 Americans will receive medical attention due to such an injury.

What Is a Consumer Product?

The CPSC is a government agency created to protect citizens “from unreasonable risk of injury and death associated with consumer products.” The regulatory body excludes some common items from the definition of a “consumer product” because these items fall under the jurisdiction of other government agencies, including, but not limited to boats, firearms, tobacco, automobiles, and more.

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San Jose personal injury attorneyIn decades past, a diagnosis of Human Immunodeficiency Virus (HIV) was akin to a death sentence. However, incredible advances in both HIV treatment and prevention have significantly reduced the number of people who die from Acquired Immunodeficiency Syndrome (AIDS). By simply taking a pill, many people have been able to successfully reduce their chances of acquiring the HIV virus while others are able to take medications to slow the progression of AIDS. However, a product liability lawsuit aimed at a company who manufactures these types of drugs asserts that the drugs are not as safe as the public has been led to believe. The AIDS Healthcare Foundation is now asking one HIV/AIDS drug manufacturer to compensate victims for exposing them to unnecessary medical risks associated with these drugs.

HIV Litigation Attorneys Demand Victim Compensation

A lawsuit filed in Alameda County seeks to hold HIV/AIDS drug manufacturer Gilead Sciences Inc. accountable for purportedly failing to fix a defect in one popular medication. The lawsuit alleges that a medication manufactured by Gilead Sciences Inc. which is designed to prevent and treat HIV/AIDS was not as safe as it could have been.

According to the lawsuit, there were known defects with the formulation of a medication called tenofovir disoproxil fumarate (TDF), but these issues were not resolved. Supposedly, a safer version of the drug, called tenofovir alafenamide (TAF), was available but Gilead Sciences chose instead to continue manufacturing and selling the defective drug for financial reasons. The lawsuit also alleges that Gilead did not adequately warn patients of the dangerous side effects associated with TDF and even purposely mislead the public about TDF’s safety and efficacy.

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San Jose personal injury attorneyIf you have ever driven on the highway, you have probably noticed the grey metal guardrails which line the sides of the road. These guardrails are intended to protect vehicles from going off of the road or crossing into the oncoming traffic lane. However, not all of these guardrails are protecting motorists the way they were intended. At least three lawsuits in several different states have recently been filed alleging that X-LITE guardrail is defectively designed and does not effectively protect motorists.

 X-LITE End Terminal Fails to Operate as Designed

The beginning and end of guardrails are called end terminals. These sections of guardrail may look simple, but they are intricately designed to serve several purposes. The X-LITE End Terminal is rounded on the ends and gently slopes toward the ground. This eliminates the sharp ends of the guardrail which, if hit by a car, would do a significant amount of damage to the vehicle and passengers in it.

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Family Sues Target Over Potty Trainer Injury

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San Jose personal injury attorneyRetail product manufacturers and distributors have the responsibility to ensure that their products are safe and reliable. Unfortunately, defective or otherwise dangerous products do still reach consumers. When a company learns that a product that they manufacture or sell is defective, they have the responsibility to fix the problem and warn customers who have already purchased the product. Often this is done through a product recall. Recalls, however, are usually prompted by reports of injuries caused by the products in question.

Major Retailer Faces Lawsuit

Target has come under scrutiny after serious injuries were allegedly caused by a product sold by the retail giant. A family from Riverside, California has filed a lawsuit against Target regarding a potty trainer that they purchased there that severely injured their 3-year-old son. The young boy’s parents and grandparents claim that the boy was nearly dismembered. According to the family, the boy’s genitals became stuck in the polypropylene weePOD Basix potty trainer causing severe lacerations. The boy’s parents rushed him to the emergency room, and the lasting effects of the injury are unknown.

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Fidget Spinner Toys May Pose Serious Dangers

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San Jose personal injury attorneyBy now, you have seen them everywhere. You can buy them at toy stores, dollar stores, and even many gas stations and flea markets. They are called fidget spinners, and they are among the most popular toys to hit the market in recent years. Unfortunately, however, there have been reports throughout the United States and Great Britain of fidget spinners causing injuries. It seems that the trendy toy could be more dangerous than many people realize.

What Are Fidget Spinners?

In recent years, several products have become available that are designed to help individuals channel nervous energy and to soothe anxiety. Among the first such products were fidget cubes—cubes of about an inch and a half on each side with various dexterous and tactile activities on each face. A person with anxious tendencies could hold the cube in his or her hand while manipulating a switch, dial, or rollerball to ease tension and reduce fidgeting—hence the name “fidget cube.”

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.

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John J. Garvey, III
96 North Third Street, #660
San Jose, CA 95112
Phone
408-293-7777
Fax
408-294-5890

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