Needle Stick Injury Lawsuits
The availability of safer products coupled with the decision
to violate long-standing and well-publicized OSHA and Legislative
regulations-with foreseeable consequences- exposes needle manufacturers
to liability under several legal theories including products
liability actions, negligence, intentional torts, and strict
People injured by unsafe needles could be entitled to substantial
damages for pain and suffering, lost income, emotional distress,
medical expenses and monitoring.
Legal Theories being pursued by attorneys:
1) The Needles and disposal containers are defectively designed
2) State of the Art. There are products like the "VanishPoint"
syringe manufactured by Retractable Technologies that are 100%
safe and have been available for years.Although Safe Syringes
are more expensive than traditional syringes, when you factor
in the costs associated with needlesticks (over $3 billion spent
annually in the US to treat accidental needlesticks); the cost
of a safe needle compared with that of a fixed needle is 37¢
compared to 75¢, respectively.
3) Attorneys are currently pursuing a conspiracy theory involving
some healthcare administrators, purchasing groups and needle
manufacturers, where, for economic reasons and to maintain their
market share, companies like market leader: Becton Dickinson
are preventing "Safety Syringes" from being marketed
and sold to health care organizations.
4) Freedom of Information Act request to FDA reveals numerous
reported injuries caused by defendant manufacturers products,
such as: Becton Dickinson; Bio-Plexus; Care Medical Devices;
HemoCue; Johnson & Johnson; Norfolk Scientific; Sherwood
Medical; SIMS/Smiths Industries; Winfield Industries; etc.