Defendant's Attorney: No appearance

Description: Worcester, Massachusetts personal injury lawyer represented the Plaintiff who sued the Defendants on product liability theories.

Cook Medical Incorporated is a family-owned medical device company that works with physicians to develop devices that are less invasive for patients.

"Massachusetts is a strict liability state for product liability claims, which means that a plaintiff does not have to prove that a manufacturer or seller was negligent in order to recover damages. Instead, the plaintiff must simply prove that the product was defective and that the defect caused their injuries.

Types of Defective Products

In Massachusetts, there are three main types of defective products that can give rise to a product liability claim:

Defective design: A product is defectively designed if it is unreasonably dangerous because of its design. This means that the design of the product is inherently dangerous, and that there was a safer alternative design that could have been used.

Defective manufacturing: A product is defectively manufactured if it does not meet the manufacturer's own standards for quality control. This means that the product was not assembled correctly, or that there is a defect in the materials used to make the product.

Defective warning: A product is defectively warned if the manufacturer fails to provide adequate warnings about the dangers of the product. This means that the manufacturer did not provide sufficient information about the hazards associated with the product, or that the warnings were not clear or conspicuous.

Elements of a Product Liability Claim in Massachusetts

To succeed in a product liability claim in Massachusetts, a plaintiff must prove the following elements:

Deficiency: The product was defective. This means that the product was unreasonably dangerous to the plaintiff or others who might reasonably be expected to use or consume the product.

Causing injury or harm: The defect in the product caused or was a substantial factor in causing the plaintiff's injury or harm.

Liability: The defective product was supplied by a manufacturer, seller, or distributor who is subject to liability under Massachusetts product liability law.

Damages in Product Liability Claims

In product liability cases, plaintiffs can recover a variety of damages, including:

Medical expenses: The cost of medical care for the plaintiff's injuries.

Lost wages: The income that the plaintiff has lost due to their injuries.

Pain and suffering: The emotional and physical pain that the plaintiff has suffered due to their injuries.

Emotional distress: The emotional distress that the plaintiff has suffered due to their injuries.

Property damage: The cost of repairing or replacing property that was damaged by the defective product.

Statute of Limitations for Product Liability Claims in Massachusetts

In Massachusetts, the statute of limitations for product liability claims is generally six years from the date of the injury or harm. However, there are some exceptions to this rule. For example, if the plaintiff was a minor at the time of the injury or harm, the statute of limitations may be tolled until the plaintiff reaches the age of majority.

Product Liability Lawyers

If you have been injured by a defective product in Massachusetts, it is important to speak with an experienced product liability lawyer as soon as possible. An attorney can help you assess your case, advise you of your legal options, and help you file a product liability claim."

Google Bard

Outcome: Case transferred to the Southern District of Indiana pursuant to Conditional Transfer Order entered by the MDL Panel on 11/17/2023. Case file electronically extracted to the Clerk in that district. (Burgos, Sandra) (Entered: 11/20/2023)

Plaintiff's Experts:

Defendant's Experts:

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