Recall Lawsuit | Product Liability Lawyers

Our lawyers have won millions for clients injured by defective and dangerous products, including the following 3 recoveries (read about our top cases):

  • $45 million settlement for clients who were injured by an over-the-counter medicine;
  • $10 million for babies sickened after ingesting medicin;
  • $7.5 million for a young child who contracted an E. coli infection and developed a severe form of kidney failure, hemolytic uremic syndrome (HUS).

You can ask our product liability lawyers if you have a personal injury or wrongful death claim against a company that sold a defective product.

Recall Lawsuit

A recall lawsuit involves personal injury caused by a defective product, one that is not reasonably safe for its intended use. “Intended use” includes all those uses a reasonably prudent person might make, bearing in mind its characteristics, warnings and labels. In many of our recall cases, the company was prompted to act by reports of personal injury or wrongful death. However, attorney Fred Pritzker has taken action that resulted in a company issuing one.

Federal agencies involved may include:

You may have a  lawsuit against the manufacturer of the defective product, the wholesaler or distributor of the product and often the retailer of the product. There are three kinds of cases:

  • A design defect (the product was manufactured as intended but it was inherently unsafe),
  • A manufacturing defect (the design of the product was adequate but was not made correctly), and
  • A failure to warn or instruct (the instructions for and warnings about use were inadequate).

In practical terms this means the manufacturer has a duty to “design out” inherent dangers. If the defect cannot be designed out, the manufacturer has to guard against such hazards. If the danger cannot be designed out or guarded against, the manufacturer must warn and instruct users of inherent dangers.


Thousands of people receive injuries from recalled items each year. Those injuries deserve compensation, which can include the following:

  • Economic damages. Compensation for monetary losses such as past and future medical expenses, loss of past and future earnings,loss of employment or business opportunities.
  • Non-economic damages. Compensation for subjective, non-monetary losses such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life.
  • Punitive damages. Damages awarded for the purpose of punishing a party for intentional or reckless behavior or actions motivated by malice.

If you have been injured here are some things to consider:

  • Save or retain the suspected item and any documents or packaging that accompanied it.
  • Identify as much information about the product as possible including the name of the manufacturer, model name and number, place and date of purchase and serial number.
  • Store it in a safe place and do not modify or change it.
  • Obtain the name, address and telephone number of any witnesses.
  • Do not discuss the case with anyone and do not give any written or recorded statements about it.

Product Liability Lawyers

You can call 1-888-377-8900 (toll free) or click here to contact our lawyers and get your free consultation. Our law firm has a reputation for success in complex lawsuits and is listed in U.S. News and World Report’s The Best Law Firms in America. Our product liability lawyers have been interviewed by The New York Times, The Wall Street Journal, Lawyers USA and other publications. We have recovered millions of dollars on behalf of people hurt or killed by defective items, including flammable furniture, industrial saws and shredding machines, automobiles, pumps and sprayers, hip implants, and dangerous drugs and other medical, some that caused severe infections.

We have a national practice and have won money for clients throughout the U.S. Our offices are centrally located in Minneapolis, Minnesota.

News and Topics

Heater-Cooler Lawsuit

The FDA and CDC has issued health alerts stating that bacteria can grow in a water reservoir that is part of the heater-cooler design. Studies have found that deadly bacteria can become airborne (aerosolized) and find its way to a patient’s open wound during heart surgery. Invasive infections due to nontuberculous Mycobacteria chimaera have been identified in patients after open chest surgery using the LivaNova (Sorin) Stockert 3T heater-cooler device manufactured by Liva Nova PLC (formerly Sorin Group Deutschland GMbH). There have been outbreaks in Pennsylvania and Iowa, and California and Minnesota may also have cases.

Mycobacterium Chimaera from Heater-Cooler

Health officials used whole genome sequencing (WGS) to obtain detailed DNA “fingerprints” of the Mycobacterium chimaera isolates taken from open-heart surgery patients and the Stöckert 3T heater-cooler devices. The DNA fingerprints from the patients and the devices were similar enough to “strongly suggest a point-source contamination of Stöckert 3T heater-cooler devices with M. chimaera.” 

Stryker Hip Recall Lawsuit

Attorneys Brendan Flaherty and David Szerlag are providing free consultations to patients who had total hip replacement (arthroplasy) using a Stryker Accolade stem with a V40 taper and a cobalt-chromium femoral head. These patients may be experiencing pain and instability due to tissue and bone damage from metallosis, specifically cobalt and chromium poisoning.

Risperdal lawsuit in Minnesota

Boys and adult males have sued after there breasts developed (some to size D) after using Risperdal, a prescription medication used for treating schizophrenia, bipolar disorder, severe irritability in children with autism and ADHD, an off-label use. The lawsuits have been filed against Johnson & Johnson, owner of Janssen Pharmaceuticals, Inc., the maker of Risperdal.

Endoscope Infection Lawsuit

Our lawyers are helping people who got an infection from an endoscope that was not cleaned adequately. There have been several outbreaks of hospital-acquired Carbapenem-resistant Enterobacteriaceae (CRE), involving Klebsiella species and Escherichia coli (E. coli).

CRE from Endoscopes at UCLA: 7 Infected, 2 Deaths

Our lawyers are investigating an outbreak of CRE infections at UCLA linked to the use of a duodenoscope. CRE is a drug-resistant superbug that is often fatal.

CRE Infection from ERCP Endoscope

Read Fred’s article on CRE infections from ERCP endoscopes. This multidrug-resistant bacterium is highly transmissible in healthcare settings. There are currently few antibiotic options for treating CRE infections. Invasive CRE infections have been associated with mortality rates in excess of 40%.

Can I Sue for Diarrhea from Benicar?

The FDA issued a warning regarding severe chronic diarrhea and weight loss associated with using olmesartan, an active ingredient in Benicar. The diarrhea may last months or years.  You may have the legal right to sue the maker of this medication. Read the full article.

Hospital Infection Outbreak

Our law firm helps clients with personal injury and wrongful death lawsuits against manufacturers and compounding pharmacies that sell contaminated medicine that causes outbreaks of illness from bacteria, viruses, fungi and parasites.

Infection from Endoscope at Virginia Mason Medical Center in Seattle

At least 32 people at Virginia Mason Medical Center in Seattle, Washington, have developed severe infections after procedures using specialized flexible endoscopes called duodenoscopes. At least 11 of these patients have died. The CDC is saying these endoscopes are not being sterilized between use, causing transmission of the bacteria. Read full article.

Gynecomastia from Risperdal? Minnesota Lawyer Can Help You

Our lawyers are helping boys and men who are suffering from gynecomastia after taking Risperdal. Read the full article.

Minnesota Lawyers File Caramel Apples Listeria Lawsuit

Attorneys Brendan Flaherty and Ryan Osterholm filed a lawsuit on behalf of people sickened in the Listeria monocytogenes outbreak linked to packaged caramel apples. Bidart Brothers apples have been linked to these illnesses. In Minnesota, 4 people have been sickened, all of them ate Carnival caramel apples from Cub Foods, Kwik Trip and Mike’s Discount Foods. Read the full article.

2 Tragic Deaths Linked to Pure Caffeine Powder

The families of 2 men who died after taking pure caffeine powder have met with the FDA because they don’t want any other family to lose a loved one. One teaspoon of pure caffeine powder (100% caffeine) is like drinking 25 cups of coffee, according to the FDA. Read the full article.

Death of Premature Infant Linked to Dietary Supplement, ABC Dophilus Powder

A fatal case of gastrointestinal mucormycosis in a premature infant has been linked to the use of a dietary supplement (probiotic) called ABC Dophilus, distributed by Solgar, Inc., a New Jersey company.  Read the full article.

FDA Warns Probiotics May Cause Infections, Death

Our lawyers investigate fungal and other infections caused by dietary supplements called probiotics. These dietary supplements have live bacteria and/or yeast in them. In many cases, patients with fungal infections do not know the source of the infection. Dietary supplements containing live bacteria or yeast can cause fungal infections in premature babies and people with compromised immune sytems (diabetes, cancer, etc.). Read the full article.

Benchmark Logistics Truck Driver Claims Bad Brakes Caused Fatal WI Crash

Truck drivers and trucking companies are responsible for making sure semi trucks have brakes the work well. When an accident is caused by defective brakes, we look at whether the problem is design or maintenance. Read the full article.

DePuy hip lawsuits have been settled.

Meningitis Lawsuits

Our law firm helps people who contract meningitis from contaminated food and medication.