Fighting the good fight Nationally

News

previous next
blog-image

Cardinal Health Recalls 9.1 Million Surgical Gowns Due To Contamination

by John C. Whitfield | Consumer Products | Share

One of the largest suppliers in the health care industry, Cardinal Health, has recalled 9.1 million of its Level 3 surgical gowns after learning of unsanitary environmental conditions and possible cross contamination at its manufacturing plant in China. At the time of the recall, Cardinal Health had distributed 7.7 million Level 3 gowns to 2,807 health care facilities across the country.

Health care providers and patients have already begun to feel the effects of the recall. The nationwide shortage of surgical gowns has caused many surgeries to be postponed. The recall has come as a double-edged sword. On one hand, the potential for contamination in a emergency room setting where the level 3 gowns are most commonly used can be fatal. On the other hand, the voluntary recall has compromised patients in need of timely treatment. Nonetheless, defective products are a threat to all consumers and need to be recalled and removed from circulation.

Products Liability

Companies and their manufacturers have a responsibility to provide safe, effective products to their consumers. Products liability is defined as “the liability of any or all parties along the chain of manufacture of any product for damage caused by that product.” Manufacturers who fail to comply with products liability law are putting the lives of consumers – and their own loved ones – at risk of injury or death. Products liability law is broad, however, most cases fall into the following three categories.

Manufacturing Defect

A product that causes injury or death due to an error in the way it was manufactured, such as contamination at the factory it was produced, is considered a manufacturing defect. Typically a product that falls into this category only had a few product units with the defect.

Design Defect

Defectively designed products have an inherent flaw that which was apparent before it was manufactured. Products in this category were not designed properly or tested effectively. This type of product defect affects all of the products manufactured with the defective design.

Defective Marketing

When a product fails to provide proper instructions or warn of potential dangers, it is being defectively marketed. Consumer product manufacturers have a legal responsibility to clearly convey the purpose of their products and any latent dangers associated with them. Warning labels and instructions are in place so consumers know the proper way to use a product to avoid injury.

False advertising can also be a form of defective marketing. When a product’s packaging claims something untrue, such as using the product will yield a specific result, it is misleading to consumers and could be potentially dangerous. Unfortunately, many consumers are unaware products can have defective marketing behind them and rely on the misrepresentations of manufacturers to their detriment.

North Carolina Products Liability Attorneys

Consumers have a right to purchase safe products that serve their intended, advertised purpose. When manufacturers mislead consumers, they are putting more than just their reputations at stake. Consumers who suffer injuries or even death as a result of defective consumer products deserve an experienced trial attorney who will fight for fair compensation for their injuries. Contact us today for a free consultation.

author-pic

John C. Whitfield

Founding Partner

For nearly 30 years, John has been one of Kentucky’s premier trial attorneys. He has concentrated primarily on complex civil litigation cases, and over his career has brought to settlement or judgment over 30 cases in excess of a million dollars each.

Read bio

Join Our Community

John Whitfield has been significant in his management of a suit involving the death of my son in a motorcycle accident. His professionalism, compassion, support, and especially his knowledge base in this suit has been above reproach. He has communicated well and kept all parties apprised of the status of the suit. I feel he negotiated effectively to reach the best possible settlement for my son's estate. He certainly assures his clients are represented well. I am grateful for his successfully bringing this suit to a satisfactory conclusion. In short, John's expertise has been awesome.

Guy Lossing
Lincoln, Nebraska

I am very grateful to Gary Mason for taking the initiative in filing suit against the manufacturers of defective CSST pipe. I am sure that this successful litigation will now help Maryland homeowners become aware of the danger of old style CSST pipe and to let them know what steps they may take to protect themselves against those dangers. Who knows how many lives and homes may be saved as a result of his efforts. Thank you Gary Mason for your important work in this litigation. I enjoyed working with him on this effort.

George Laufert
Cambridge, Maryland
logo logo logo logo logo logo logo logo logo logo logo
Message Icon

Sign up for our newsletter!

Get our latest update and success stories right to your inbox!
Read our latest newsletter.