Law Offices of Sadaka & Associates
February 24, 2011
If you or someone you love is injured you can bring a lawsuit against the person who injured you. During that lawsuit you (and your lawyer) must prove that the person who injured you had a responsibility to not hurt you. This is called duty in legal terms. After you prove duty, you must next show that the person who injured you violated that duty. This is called breach of duty in legal terms. The third item you must prove is that you were injured because of the breach of duty. The final item you must prove is that you suffered some loss as a result of that injury. This is called damages in legal terms.
Manufacturers have a duty to consumers to not hurt them with their products. The follow are their three main duties:
- To not place a product on the market without a warning, which when used normally puts the consumer in danger of injury (defect in warning label);
- To not place a product on the market that could have been designed safer (design defect); and
- To not place a product on the market that is not manufactured correctly (manufacturing defect).
What was available to people who suffered vaccine injuries before Bruesewitz: Before the Bruesewitz decision, a person injured by vaccine could bypass the vaccine court when:
- A vaccine manufacturer fails to put a warning in the label; and
- A vaccine manufacturer fails to manufacture the vaccine properly, i.e. in accordance with the federal rules.
After a decision in the vaccine court, an injured person could decline to accept the decision and file a lawsuit in state court based on the manufacturers failure to design the product in a safer manner, or design defect. Vaccines are susceptible to design defect claims because manufacturers are slow to adopt new and safer technologies in the design of their vaccine products.