Products Liability & Medical Device | Cosgrave Vergeer Kester | Portland's Lawyers

Products Liability and Medical Device

Cosgrave’s product liability lawyers understand product manufacturers and the legal landscape in which they operate.  Our work with manufacturers, distributors and sellers covers a wide range of services from pre and post-launch design review, to investigation of non-litigated claims, to product recall advice, and to litigation in our state and federal trial and appellate courts.  Cosgrave has been defending product liability claims for nearly eighty years.

Products liability claims typically fall into one or more of three categories – defective design, defective manufacture/assembly and inadequate warning/instruction claims.  A manufacturer, distributor or seller is not liable unless the claimant shows the project was not only defective, but also “unreasonably dangerous.”  Applicable governmental regulations and voluntary industry standards often play an important role in shaping a product liability claim.      

The successful defense of a product liability claim involves three key ingredients: (1) knowledge of the ever-changing laws, regulations and voluntary industry standards impacting product liability claims, (2) a detailed, technical understanding of your product and industry and (3) the ability to effectively present the technical aspects of your product design to a local jury.  Cosgrave’s product liability lawyers have significant experience in all of these areas.

Cosgrave’s products liability team defends manufactures, distributors and sellers in a wide range of industries, including the following (with representative cases):

1. Medical Devices/Pharmaceutical:

• Power Wheelchairs
• Motorized Hospital Beds
• Surgical Tables
• Adulterated Medications
• Pain Pumps
• Rollators (wheeled walker)
• Oxygen Concentrators

2. Farm/Industrial/Construction Equipment:

• Tractors
• Backhoes
• Forklifts
• Food Processors (grinders)
• Automated Conveyor Line Equipment
• Self-Unloading Trailers
• Scaffolding
• Angle Grinders
• Industrial Lathes

3. Transportation:

• Defective Tires
• ATVs
• Marine Diesel Engines
• Experimental Aircraft
• Semi-Truck Trailers
• Van Conversions

4. Electrical Products and Building Supplies:

• Residential Electrical Switches 
• Electrical Pumps
• Windows
• Defective Lumber
• Underground Piping
• Asbestos-Containing Products
• Flooring

5. Consumer Products:

• Firearms
• Ladders
• Paper Shredders
• Coffee Makers
• Paraffin Foot Baths
• Acid Peel Facial Treatments
• Folding Golf Carts
• Heating Pads
• Snorkeling Equipment
• Fishing Waders
• Office Chairs
• Rust Prevention

6. Construction Defect Related Products – visit our Construction Services and Litigation Practice Area page

Affiliations

ALFA International Products Liability Practice Group
ALFA International Medical Device and Drug Practice Group
American Academy of Appellate Lawyers
American Bar Association Litigation Section
American Board of Trial Advocates
American College of Trial Lawyers
Defense Research Institute
Federal Bar Association
Federation of Defense & Corporate Counsel
Litigation Counsel of America
Oregon Association of Defense Counsel