In a product liability lawsuit, the victim must prove that an injury resulted from a defective product or an unreasonably dangerous product that lacked sufficient warnings. A defective or unreasonably dangerous product can cause severe injuries and even death. If a product causes a victim’s death, survivors can also file a wrongful death lawsuit. In both a product liability lawsuit and a wrongful death lawsuit, the victim or victim’s survivors may be entitled to collect money damages. These money damages compensate the injured for such things as medical expenses, lost wages, and pain and suffering.
Jesus Madera was a farm worker in Idaho. In November 2013, at the age of 39, he died from lung cancer. Now, his family is suing Bayer Cropscience, the manufacturers of the insecticide aldicarb, claiming that the manufacturers are responsible for Madera’s death. Madera’s survivors claim that Bayer Cropscience sold a product that was defective and unreasonably dangerous, without providing any warning of the potential risks of using the product.
The insecticide aldicarb, which is more commonly refered to as Temik 15G, was recently criticized by the United States Environmental Protection Agency (EPA). According to the EPA, the product did not meet “rigorous food safety standards” and could pose “unacceptable dietary risks” to those eating food treated by the insecticide. As a result, production of aldicarb was phased out starting at the end of 2014. Nevertheless, the product will continue to be sold until the end of 2016. Growers will have until the end of 2018 to use up their supplies of aldicarb.
According to the allegations of the lawsuit, Madera was not a smoker and was not exposed to asbestos, radon, or any other substances that cause lung cancer. Therefore, the lawsuit alleges that Madera’s lung cancer, and subsequent death, were caused by his exposure to aldicarb and the manufacturer’s negligent actions. According to Capital Press, the burden is on Madera’s family to prove that the lung disease was proximately caused by his exposure to the insecticide. However, there can be many causes of lung disease, so this may be a difficult case to prove.
If you or a loved one has been injured at work because of a defective product, please call 617-787-3700 now to speak with one of our expert Massachusetts products liability lawyers or email us at firstname.lastname@example.org.