mesothelioma law firm

This case involved the parents of a minor child to recover damages for injuries suffer by the child during fetal stage cause by a drug administered to the mother during delivery. The doctor ordered that the mother be infused intravenously with a drug called, Pitocin. The child was delivered with brain damage, permanent blindness and quadriplegia. The parent’s lawyers alleged that the drug was the proximate cause of the child’s injuries. The lawyers alleged that the manufacture was strictly liable for failure to warn doctor’s and patients of the dangers of using the drug while the fetus is in high station render the drug not reasonably safe.

The question of law in the case is whether, in an action to hold a defendant strictly liable for failure to warn of a danger attendant to the use of a product, the families lawyers must prove that the defendant knew or should have known of the danager.

The court ruled that in a failure to warn case, knowledge is an essential element that must be proven.

So if you are alleging that a manufacture failed to warn its customers that asbestos could cause cancer and failed to warn, your attorney will need to prove that the manufacturer knew that it was not safe and disregard that knowledge.