Products Liability Essay

1871 Words May 30th, 2013 8 Pages
Running Head: Products Liability

Assignment 4: Products Liability
Name
Law and Ethics in the Business Environment
Professor
February 17, 2013

Products Liability Johnson & Johnson
Johnson & Johnson started out making surgical dressing for hospitals and then that progressed into what Johnson & Johnson is best known for is the Band-Aid brand band aid. They added tape to the dressing and the product was convenient for hospitals as well as mending cuts and scrapes that people get, targeting kids because they are accident prone.
In later years Johnson & Johnson explored other opportunities mainly in the over-the-counter medicinal products. Over the years they have been subject to many lawsuits but
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Patients were getting metal poisoning from the metal debris getting into their blood stream as well as bone deterioration. Some patients only needed a partial replacement while others had to have the entire device replaced causing a dangerous situation for the patients. The hip implant caused some people severe pain while standing or walking, the implant would also become dislodged in some cases. There were multiple symptoms that recipients of the DePuy ASR hip replacement had, not always the same symptoms but all resulted from the use of the device.
Legal Theories
The legal theory that applies to the DePuy ASR hip replacement is “design defect theory of product liability.” (Liebhard, 2011). “A design defect is a problem or condition a product has that causes injury to someone who uses the product.” (What is a design defect, 2010-2011). The design of the DePuy ASR hip replacement was metal on metal. The design of the implant caused metal particles to release into the users system through typical and usual use of the product. The metal particles caused the patients to become ill and the DePuy ASP hip replacement resulted in having to be replaced again. The hip replacement should last at least 10 years but patients were having complications within 2 to 5 years of having the procedure. ‘One in eight people needed to have their

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