A Los Angeles couple filed a lawsuit on Thursday in Orange County Superior Court against a Santa Ana-based company that used toxic oil during in vitro fertilization that destroyed their embryos. The plaintiffs, whose identity was not revealed, sued Fujifilm Irvine Scientific Inc. on several charges, including manufacturing defect, design defect, failure to warn, negligence, and negligent failure to recall. The oil developed by the company is used to protect fertilized eggs when they are stored. The company issued a recall in January when it received complaints of the deaths of human embryos when coming into contact with the toxic oil. The plaintiffs allege they “learned from their fertility clinic that their embryos were killed upon coming into contact with oil. Those embryos were viable prior to coming into contact with the defendant’s oil, and then were killed by the defendant’s oil … The plaintiffs) are devastated. They may no longer be able to have children with their genetic material as a result of the defendant’s conduct.”
What you need to know about defective product lawsuits
Defective product claims, also known as product liability claims, are legal actions taken by consumers against manufacturers, distributors, retailers, or other parties involved in the production, distribution, or sale of a defective product that causes injury or damage to the consumer or their property. To bring a successful defective product claim, the person bringing the claim (the plaintiff) must contact experienced Los Angeles personal injury lawyers to prove three elements:
The product was defective: The plaintiff must demonstrate that the product was defective in some way, such as a design flaw, manufacturing defect, or failure to warn of potential dangers associated with the use of the product.
The defect caused the injury or damage: The plaintiff must establish that the defect caused their injury or damage. This can be challenging in cases where there are other factors that could have contributed to the harm.
The plaintiff suffered damages: The plaintiff must prove that they suffered actual damages, such as physical injury, medical expenses, lost income, or property damage, as a result of the defective product.
Types of defects that can be used in a product liability claim
There are three types of defects that can form the basis of a defective product claim:
Design defects: A design defect exists when the product’s design is inherently unsafe or dangerous, even if it is manufactured and used as intended. For example, a car with a design defect that makes it prone to rollover accidents would be considered defective even if it was made and used properly.
Manufacturing defects: A manufacturing defect occurs when the product’s design is safe, but an error occurs during the manufacturing process that makes the product dangerous. For example, a ladder that is missing a step due to a manufacturing error could be considered defective.
Failure to warn of defects: A failure to warn of defects exists when the product does not include sufficient warning labels or instructions to inform the consumer of potential dangers associated with using the product.
If a consumer successfully proves a defective product claim, they may be entitled to recover damages, such as compensation for medical expenses, lost income, pain and suffering, and property damage. The amount of damages awarded can vary depending on the severity of the injuries and other factors specific to the case.
Have you been injured after using a defective product in Los Angeles?
If you or a loved one were recently injured after using a defective product in the Los Angeles area, contact the skilled attorneys at the Neumann Law Group. Our attorneys possess years of experience in personal injury and wrongful death cases. Through our dedicated representation of accident victims and their families, we will help you bring the at-fault driver to justice. To schedule a free initial consultation, call our toll-free number at 800-525-6386. To contact our California office, call 213-277-0001.