An outbreak of meningitis that has infected nearly 300 people in the United States, killing 23, has been linked to tainted steroid shots distributed by a small drug-mixing pharmacy based in Massachusetts. The case raises questions of whether the company that distributed the shots or the physicians and clinics that administered them should be held accountable in lawsuits.
As plaintiffs begin to file complaints, the question is whether this case should be considered as product liability or medical malpractice. If the courts define the tainted injections as products sold then doctors, clinics and hospitals could be sued for product liability and held responsible regardless of intent to harm. Yet, if the courts define the injections as a service, proof of negligence must be shown in order to claim medical malpractice.
In response to this confusion, some plaintiffs may file both product liability and medical malpractice claims. Additionally, doctors are unlikely to be the only group at risk of litigation; lawsuits could potentially target everyone from suppliers to distributors.
If you or a family member has been injured or killed by a tainted injection, you may have a product liability or medical malpractice case. Contact our experienced legal team at (949) 640-8222 or online at www.hmlm.com for a free consultation.