Ventlab resuscitators were recently voluntarily recalled due to a defect in the product
. There are obvious legal questions here, so our senior attorney Farid Yaghoubtil addresses some of the Ventlab defect concerns and discusses legal options for those injured. Ventlab manufactures a number of different products used in a various hospital and home settings. Recently there was a voluntary recall of the manual resuscitators due to certain design defects. The units were recalled after reports of significant design defect in the product.
What makes the product defective?
A product can be defective for a number of different reasons. This can include a design, manufacturing or failure to warn defects. Design defect
ts occur when the manufacturer produces a product that deviates from the prototype or fails to perform in the manner intended. Generally design defects apply to all models produced by the manufacturer. With regards to the Ventlab manual resuscitator it is likely that a design defect exists in the product. Due to the size of the recall-14,000 units-it is plausible to assume that a design defect existed in the product.
Manufacturing defects, are different in the sense that they apply only to a limited group of products manufactured. Manufacturing defects apply to a certain number of products manufactured. These defects are not the fault of a design error, but rather some type of manufacturing issue. It is unclear at this time whether the Ventlab products
were a result of a manufacturing defect. However as further information is discovered this determination can be made. However, Ventlab has reported that the problem was due to certain assembly issues. This can likely be considered a manufacturing defect.
What makes this defect dangerous?
Certain products, by virtue of their design can be considered dangerous when they become defective, a manual resuscitator is one of those products. Users rely on this product as a form on oxygen production, when it fails to work substantial injuries can result. This includes serious brain injuries, hypoxia and other related injuries. Because the device failed to produce sufficient oxygen to patients or users there is a high risk of the aforementioned injuries.
Who is liable for injuries suffered?
In product liability cases the manufacturer, distributor, wholesalers and retailers of the product are held liable. In most cases the manufacturer will step in and protect or indemnify the other parties from liability, but they will all be held accountable. Certain exceptions apply based on the state and condition of the product; however it is possible to hold all parties in the chain of distribution liable.
What should I do if I have been injured?
Seek immediate medical attention for your injuries, these types of injuries can be serious, so it is best to seek prompt medical attention. Make sure to keep the product in its post injury state. Do not attempt to make any alterations or corrections to the product. Often times injured parties tamper with or attempt to correct the defective condition or product, while unknowingly tampering with the evidence and essentially destroying their own case. Our attorneys will have a qualified expert inspect the property and determine the cause of injury. All consultations are free and our NO RECOVERY NO FEE promise is guaranteed. Call today to speak to one of our defective product attorneys
at Downtown L.A. Law.