Of course, we always want products that are constructed properly and delicately, but with some products, improper construction can actually prove dangerous for consumers. Naturally, instruments that aid in surgical procedures must be made according to strict specifications; if there is a malfunction in the manufacturing machinery or a lack of care in the design, there can be harmful, even fatal, side effects. If this is the case, the results can be addressed through a product liability case. The litigation process makes sure that the product construction procedures were closely examined and amended to ensure the safety of all its users.
A poignant example is the case of the malfunction of an instrument involved in a surgical hydrothermal ablation procedure (HTA). In this procedure, warmed saline solution is circulated through the uterus. It changes the composition of the uterus’ lining to prevent excessive bleeding, a condition suffered by over 2.5 million women. The procedure helps to relieve problems of low energy and low confidence in cases where the amount of bleeding is extreme. During this specific case, the instrument inserted in the uterine cavity malfunctioned and gave the woman extreme burns in a very sensitive area. During a sensitive procedure such as this, it was very important to have reliable instruments that will relieve discomfort; instead, a huge amount of pain and discomfort was caused.
Through the product liability case that was pursued in this circumstance, the woman had all of her medical expenses paid and received a large settlement from the manufacturing company. The company was also forced to review their methods of construction. Product liability cases like this one help to keep companies in check, making sure that they take the necessary precautions to create a reliable product. In some cases, companies must be reminded through litigation that their customers’ health and safety are at times dependent on the delicate construction of their products.