How FDA Recalls Might Impact Your Personal Injury Lawsuit

Product liability laws are in place to protect consumers when manufactured products malfunction and inflict harm. As helpful as receiving a recall might seem, it can severely impact your case if you're already filing a compensation claim. It often leads to hundreds if not thousands of class action lawsuits.

The U.S. Food and Drug Administration (FDA) is the federal agency responsible for ensuring that companies follow all federal safety and regulation guidelines. Otherwise, defective and contaminated or toxic goods could cost you thousands in medical expenses.

This article will further explain how the FDA classifies their recalls and when you should involve a personal injury attorney to file a lawsuit.

What Are The 3 Classes of Recalls?

When either the manufacturer or FDA initiates a recall, they must classify them into one of three categories.

The First Class

Class I recalls tend to be the most dangerous. The defective product has caused a severe health concern or death. Suppose the baby formula you use, for example, contains an unknown toxin. It led to severe internal damage or disability in your newborn. For that reason alone, the FDA will have complete jurisdiction in the entire process, ensuring that the manufacturer handles the situation correctly and appropriately.

The Second Class

Class II recalls get issued for product defects that result in short-term health concerns – like a minor or moderate burn injury. Even if there is a risk that it could turn into a permanent disability or problem, the FDA will send out the recall.

The Third Class

The last type is the least serious of the three. Consumers are likely to have experienced minor injuries from the defect. Though the wounds might not be as severe, it is worth consulting with a product liability lawyer to determine if you have a case against the negligent companies, manufacturers, or third-party businesses.

What Type of Products Get Recalled by the FDA?

  • Over the counter and prescription medications
  • Sunscreen, lotions, skin products
  • Defective car parts
  • Hand sanitizer
  • Vaccines
  • Medical devices
  • Transplants, blood

Know What to Do After a Product Injury

When you buy products online from services like Amazon or at your local store, you expect that they won't:

  • Malfunction
  • Set on fire
  • Cause dangerous side effects when taken
  • Lack of proper warning or instructions for use
  • Trigger serious injuries or lead to death

Knowing what to do – especially after you've been hurt, is crucial. Always seek medical attention first from a doctor or emergency room. They will provide you with urgent treatment and take detailed medical records regarding the extent of damage from the defect. Your legal counsel will use them to evaluate how much your case is worth and eventually build a lawsuit.

While you wait for an ambulance to arrive, try to keep the product in its damaged condition. You might want to wrap it, store away the instruction manuals and original packaging. Having a receipt of purchase will be valuable as well. The more evidence you have, the sooner we might be able to settle out of court.

Can I Sue If the FDA Recalls a Product?

The compensation victims are entitled to will vary when the FDA gets involved. You won't be the only plaintiff filing a lawsuit for injury or economic harm when a recall gets sent out.

For example, if the medication you take poses a health risk to young adults over 20, everyone can file for economic damages. They'll get reimbursed for the amount spent on the drug itself. Unless victims have evidence of injuries that required hospital treatment, led to time off work, and accruing expenses, they won't be able to file a personal injury lawsuit. But a lawyer can help you differentiate between both types of cases.

It might be more challenging to recover damages with other plaintiffs involved if you already have a lawsuit in progress. It won't dismiss your case entirely but will make it harder to win.

About The Law Offices of Oscar H Gutierrez

Our law firm specializes in helping those injured due to an accident or someone else's negligence.

Navigating the insurance agencies and legal framework for compensation can be difficult, especially if English is not your first language. That's why you should call the bilingual lawyers of The Law Offices of Oscar H Gutierrez to make sure you are compensated for your pain and suffering. Don't leave your medical bills and property damage to chance; instead, hire a law firm that can win you the maximum settlement.

Contact our office for a free consultation at 323-999-3500 or email us at