Pharmaceutical and Medical Device Litigation

Vermont personal injury attorney Chris Maley represents those who are injured or killed as a result of defective drugs manufactured and distributed by pharmaceutical companies and defective medical device manufacturers. In recent years, drug recalls of unreasonably dangerous drugs have been numerous. If a drug company had evidence of an unacceptable rate of complications but still marketed or distributed a drug, and as a result a person suffered from a foreseeable complication, there may be grounds for a lawsuit. If a medical device manufacturer designs a defective device the company may be liable for the harm it has caused.

Chris has the experience and resources to pursue a lawsuit against large drug companies and medical device manufacturers.

Questions About an injury Due to a Drug, Medication, Pharmaceutical or Medical Device?

If you have suffered a serious personal injury, or a family member has suffered a wrongful death due to a defective or unreasonably dangerous drug or medical device, please feel free to contact Maley and Maley by email or call collect at (802) 489-5258 for a free initial consultation and case evaluation.

Vermont Law Pertaining To Pharmaceutical and Medical Device Litigation

Vermont has adopted the doctrine of strict products liability as embodied in Restatement (Second) of Torts S 402A. This section provides as follows:

1. § 402A. Special Liability Of Seller Of Product For Physical Harm To User Or Consumer.

1. One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if

a. the seller is engaged in the business of selling such a product, and

b. it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.

2. The rule stated in Subsection (1) applies although

a. the seller has exercised all possible care in the preparation and sale of his product, and

b. the user or consumer had not bought the product from or entered into any contractual relation with the seller.

Helpful Resources

Drug Recalls - U.S. Food and Drug Administration

PDR Health - Physicians' Desk Reference - Drug Information

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