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 products liability.

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 products.

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.

 


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