In Texas, to prove a product liability case, a plaintiff must show the product was defective, the product reached the plaintiff in a defective condition, the defect made the product unreasonably dangerous, and the defect caused the plaintiff’s damages. In a 2014 products liability case, a deceased woman’s estate appealed a summary judgment in favor of the company Respironics.
The case arose when the woman contracted Lou Gehrig’s and became paralyzed. She needed a respirator to breathe. The woman’s husband bought a home respirator and hired a nurse through a nursing service. In 2004, a nurse was caring for the woman and allegedly adjusted a valve on the respirator incorrectly.
The deceased woman’s husband sued the medical staffing agency for negligence. The plaintiff’s third amendment joined Respironics, which designed, manufactured, and sold the respirator. He claimed the ventilator was designed and manufactured to allow a patient to suffer respiratory arrest without sounding an alarm. He also claimed the ventilator was marketed with inadequate warnings that there would be no alarm for respiratory arrest. Continue reading →