Chapter 16 : Product Liability Cases

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A product liability claim is one in which a person contends that a particular product is defective in some way and that defect has caused injury. This chapter talks about a case that concerned an article written in a medical journal asserting that a product distributed by the plaintiff was the source of the organism infecting the patient, it was described a thirty-nine-year-old male cancer patient who developed a fungus infection of the liver seven months after undergoing a bone marrow transplant. The liver abscess was aspirated, cultured, and grew out , a common species of mold. The article stated that the species of mold found in the plaintiff’s supplement, , was the same as the mold recovered from the patient’s liver aspirate. The authors of the article concluded that the nutritional supplement distributed by the plaintiff, which they characterized as a “naturopathic medicine” was the source of the that caused the fatal liver infection. The nutritional supplement distributed by the plaintiff is a capsule containing dried cultures of lactic acid bacteria. Studies on the plaintiff’s supplement by an independent laboratory specializing in food analysis showed that the majority of samples contained ten or fewer mold spores per gram. By comparison, air may contain 100-1,000 mold spores per cubic liter. According to the author of the chapter, the authors not only based their conclusions as to the source of the on inadequate evidence but also damaged the plaintiff’s business reputation by citing his company.

Citation: Ellner P. 2006. Product Liability Cases, p 93-100. In The Biomedical Scientist as Expert Witness. ASM Press, Washington, DC. doi: 10.1128/9781555816520.ch16
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