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What Are Product-Liability Claims?

A product-liability claim is any claim based on personal injury, death, property damage, or other adverse effects arising from the use of a product. When a defective or poorly designed product causes injuries or damage to property, the manufacturer and other members of the supply chain may be held liable under one or more of the following theories:

  • Negligence – The manufacturer did not exercise due care—for example, by using low-quality materials, failing to provide adequate instructions, or failing to warn consumers about product dangers.
  • Strict Liability – The product is inherently or unreasonably dangerous or defective, regardless of the degree of care taken.
  • Breach of Warranty – The product did not perform as expected or in accordance with the manufacturer’s express or implied warranties.
  • Consumer-Protection Statutes – The product violated state consumer-protection statutes such as laws against false advertising or other unfair or deceptive practices.

Product Liability Claims We Handle

Product-liability claims are as varied as the products available on the market. We represent plaintiffs in complex product liability litigation, including class or mass actions in which multiple people were injured or affected by the same product or class of products. Our team has experience litigating product-liability claims involving pharmaceuticals, medical devices, and a wide variety of other consumer products.

Case Highlight: Infant Formula Claims Related to Necrotizing Enterocolitis (NEC)

Keller Lenkner represents parents of infants who suffered necrotizing enterocolitis (NEC) as a result of consuming cow’s milk-based formula. Our clients’ lawsuits allege that defendants (including Abbot Laboratories, Mead Johnson & Company LLC, and Mead Johnson Nutrition Company) aggressively market their infant formulas as “medically endorsed” and “nutritionally equivalent” to mother’s breast milk, without ever referring to the the science showing how significantly their products increase the risk of NEC.

The cases allege that defendants’ Similac and Enfamil formulas caused infants (frequently premature babies) to suffer devastating health effects, and in some cases, led to their death. The claims include legal defects in the design of the formula products as well as an unlawful failure to warn of the increased risk of NEC when cow’s milk-based formula is consumed by infants. 

If you believe you have a claim related to your infant’s diagnosis of NEC, click here.

Case Highlight: 3M Combat Arms Earplugs Multi-District Litigation

Keller Lenkner represents military servicemembers who used 3M’s Combat Arms Earplugs. Our clients’ lawsuits against 3M and related companies (the manufacturers) allege that the earplugs failed to protect servicemembers from exposure to loud noises, causing hearing loss and other injuries. Evidence suggests that 3M was aware of a defect in the product’s design, falsifying test results to secure an exclusive contract with the U.S. Department of Defense, and failed to warn users. Over 200,000 claimants allege that they suffer from hearing injuries despite having used 3M’s product.

Lawsuits alleging injury related to the use of the 3M Combat Arms Earplugs were consolidated in the U.S. District Court for the Northern District of Florida. The court appointed Keller Lenkner Partner Nicole Berg to the plaintiffs’ leadership team. Nicole and many others at Keller Lenkner are working to secure recoveries for our servicemember clients.

Case Highlight: Zantac (Ranitidine) Multi-District Litigation

Keller Lenkner represents former users of the heartburn medication Zantac (generic: ranitidine) who have been diagnosed with cancer as a result of consuming the drug. In early 2020, the FDA pulled Zantac (ranitidine) from the market, after researchers and the FDA found significantly elevated levels of NDMA—a cancer-causing compound—in the drug. The Zantac MDL consolidates for pretrial purposes lawsuits accusing Pfizer Inc., Sanofi SA, Boehringer Ingelheim Pharmaceuticals Inc., and GlaxoSmithKline LLC—as well as generic makers, distributors, pharmacies and others in the supply chain—of design defect, failure to warn, and other claims.

Lawsuits alleging injuries related to the consumption of Zantac and its generic equivalents were consolidated in the U.S. District Court for the Southern District of Florida. The court appointed Keller Lenkner Partner Ashley Keller as chair of the Law & Briefing Committee. Our team is hard at work to secure recoveries for our clients diagnosed with cancer as a result of their consumption of Zantac (ranitidine).

Case Highlight: Onglyza and Kombiglyze XR Multi-District Litigation

Keller Lenkner represents individuals who have experienced serious cardiac complications, such as heart failure, congestive heart failure, myocardial infarction, or other cardiovascular injuries that could lead to death, as a result of taking Onglyza (saxagliptin) and Kombiglyze XR (saxagliptin and metformin). These drugs are predominantly used to treat Type 2 diabetes.

Defendants Bristol-Myers Squibb and AstraZeneca began selling the drugs in 2009 and 2010, before completing a cardiac risk study recommended by the U.S. Food and Drug Administration. The study was completed in 2013 and showed that saxagliptin users had a significantly increased risk of hospitalization due to heart failure.

Lawsuits alleging injuries related to the consumption of Onglyza and Kombiglyze XR were consolidated in the U.S. District Court for the Eastern District of Kentucky. The court appointed Keller Lenkner Associate Ashley Barriere to the Plaintiffs’ Steering Committee, and she leads the Law & Briefing Committee.

Case Highlight: Paragard IUD Multi-District Litigation

Keller Lenkner represents individuals who were injured as a result of using the Paragard copper intrauterine product (IUD), a long-term birth control method. The Paragard IUD MDL coordinates lawsuits accusing various Teva companies, The Cooper Companies Inc., and CooperSurgical Inc. of designing a defective product and failing to warn users of the risks posed by the Paragard IUD. The plaintiffs allege that their Paragard IUDs broke apart, leaving behind pieces of the device, requiring surgery or other further medical intervention. This often resulted in serious complications and injuries, including infertility, and pain.

Lawsuits alleging damage related to the use of the Paragard IUD were consolidated in the U.S. District Court for the Northern District of Georgia. The court appointed Keller Lenkner Partner Nicole Berg to the Plaintiffs’ Executive Committee.