The Proton Pump Lawsuit has been making headlines recently. This is a case that is currently playing out in the legal system in California. If you are unfamiliar with it, you may want to do your homework. The lawsuit was brought about by a man who died from a heart attack caused by the use of a defective pump. There are many different types of pumps, including the hydraulic kind. These are very common devices and many people know them.
However, not everyone knows what this means or why this case is being handled so vigorously.
The plaintiff, Robert J. Proctor, claimed that he developed mesothelioma, a rare form of cancer, due to exposure to defective Pumps. The company from which he purchased the device, Ionent, argued that there was no evidence of such exposure. The court, however, found otherwise.
Now that we have that out of the way, let’s discuss the specifics of the case. Robert J. Proctor’s attorney, Frank Phillips, filed a complaint against the company, seeking class-action status. Essentially, they were trying to bring the issue to the attention of more people so that they would realize what they were exposing their loved ones too. The basic idea here is that, if you buy a faulty pump, you could be sued for medical bills that exceed the price of the device. This is a frightening thought, especially when you consider how many people own a Pumps, and most don’t even know about the potential risks. In addition to exposure to cancer causing agents, Proctor was also worried that his children might experience long-term health issues as a result of using the incorrect Pumps.
You have probably read or heard of this particular law before. Basically, the plaintiff (you) must prove that you were “induced to engage in an activity” for which you had no intention. Proving this is actually pretty easy to do. Basically, you just have to show that you were in a situation where you could have avoided an accident-and that in this event, the accident caused you harm or death.
Now, Proctor isn’t arguing that the Pumps are inherently unsafe or defective.
They are, however, arguing that as a result of the company’s negligence, you were exposed to health problems. So, if you were using the device in the proper way, why did you get injured? Frank Phillips believes that the answer lies in knowing the correct way to operate the Pumps, as well as the different safety instructions that come with each model.
First, in terms of product liability, Proctor contends that he has a strong case.
A common problem with lawsuits involving products is that sometimes, the plaintiffs lose their case simply because they didn’t know what they were doing. For example, if you mix alcohol and vinegar, you shouldn’t expect the outcome to be the same as mixing milk and yogurt. You need to be educated about the mechanics of the product, as well as knowing which injuries you can expect to occur. Frank Phillips knows all about this, having previously represented plaintiffs who have suffered burns, whiplash, or neck pain as a result of a defective product. He believes that Proctor’s chances of winning his lawsuit are “close” to being nullified.
On the other hand, Proctor could still win the lawsuit, even if it seems that he will be on the hook for large personal injury damages.
The reason is that a person is not required to prove that the company was negligent in providing the device, as the plaintiff is required to prove that they suffered injury or damages as a result of the company’s negligence. Proctor may be required to pay medical bills, lost wages, and more, but he will not be forced to fork out any damages to the manufacturer of the Pumps, as the manufacturer has already taken the initiative to make sure that their products are safe.
If Proctor loses the Proton Pump lawsuit, he will be on very solid ground.
The plaintiff must prove that he or she has suffered an injury or medical condition due to the company’s negligence. If Proctor can show that there is a likelihood that he may receive monetary damages, then he will be able to sue for these injuries and medical costs. However, the plaintiff must ensure that all of his claims are properly documented, as this will increase the likelihood of the case being successful. This type of lawsuit requires that the plaintiff to carry out substantial research and gather as much information as possible about the background of the company, and Proctor’s product, before proceeding with the lawsuit.
