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The safety of products that are bought and used each day is an important concern of the law system.  After all, when the safety of products, especially pharmaceuticals, become compromised so too the health of the entire community.

A serious example of this is the drug Lipobay, prescribed to patients for elevated cholesterol levels.  In 2001, the drug was recalled from sale after various patients suffered fatal Rhabdomyolysis side effects from use of the drug.  The use of Lipobay, as a widely prescribed drug, may have affected a large number of people in this adverse manner.

Patients who have used Lipobay and have suffered forms of this side effect should understand both Rhabdomyolysis as well as their legal rights in potentially gaining fair and just compensation from the manufacturers of the drug. 

This article is a brief introduction to some of the issues involved in product liability and personal injury law as well as Rhabdomyolysis itself.   Further information on both the legal and medical implications of damages arising from defective products should be sought from relevant legal and medical professionals.

Product Liability Law

Product liability law concerns itself with defective products and the damages available to persons who are injured by such dangerous or defective products, such as pharmaceuticals.  Defects in products include:

• Design or manufacturing faults.  These relate to defects that arise from defective design or poor manufacture; and
• Instructional inadequacies.  These relate to inadequate instructions on usage, labels or warnings that may render the product dangerous for consumers.

Product liability law recognises defects that are produced both at the design and manufacture stage as well as at the end usage level.  Product liability law will also cover such issues as recalls of defective products and publication of corrective information about inadequately labelled products.

Product liability law will determine which of these defects, arising in injury, will allow the injured person to claim for compensation.  The law will have regard to the type of product defect and the circumstances in which the injuries were undergone.

Product liability law exists to ensure not only that standards of safety are maintained for all available products, but that when these standards are not upheld by manufacturers those who are injured by that failure are able to recover fair and just compensation for their injuries and loss. 

When individuals exercise their legal rights to recover damages from a negligent manufacturer it not only ensures that injured persons receive justice, but also that negligent parties are brought to account for their actions and other manufacturers are encouraged to take extra care in upholding product safety standards.

Compensation will be awarded based on the manner in which you have suffered loss.  These kinds of damages will be based on both economic and non-economic losses.  Economic loss will        include costs of care, and loss of earnings.  Non-economic loss will include physical pain and suffering as well as mental or psychiatric damages.

What is Rhabdomyolysis?

Rhabdomyolysis is the breakdown of muscle fibres resulting in the release of muscle fibre contents into the blood stream.  This breakdown in muscles will, of course, lead to loss of mobility that may result in long-term harm.  Other effects of Rhabdomyolysis will include kidney damage when myoglobin (found in muscle fibre), toxic to the kidney, enters the blood stream.

Rhabdomyolysis symptoms may include:

• Muscle pain and weakness;
• Abnormal urine colour;
• Fatigue;
• Seizures; and
• Fever.

In some cases, if not treated, Rhabdomyolysis can be fatal.  Though, with the correct medical treatment Rhabdomyolysis and its symptoms can be relieved.  If you have used Lipobay and are suffering from these symptoms you should contact your doctor immediately.

Making a Claim

If you or a loved one has used Lipobay and suffered injury you may be entitled to just and fair compensation, like many other Lipobay patients from across the world.  The best way to pursue your legal rights is to take your claim to a specialist product liability lawyer at ANDERSONS LAWYERS who has a deep understanding not only of product liability law but the implications of Lipobay recall itself.  Don't leave your claim and your future to a lawyer who does not fully understand the issues, for the right advice call a specialist at Andersons today.