Dangerous Product Archives | Kogan & DiSalvo, P.A. Boynton Beach Personal Injury Lawyer Tue, 09 Sep 2025 18:17:49 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 Understanding Product Liability Claims for Defective Products https://www.kogan-disalvo.com/dangerous-product/understanding-product-liability-claims-for-defective-products/ Mon, 05 May 2025 14:00:00 +0000 https://www.kogan-disalvo.com/?p=14569 At Kogan & DiSalvo Personal Injury Lawyers, we recognize that consumers across Florida trust the products they use every day […]

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At Kogan & DiSalvo Personal Injury Lawyers, we recognize that consumers across Florida trust the products they use every day to be safe and reliable. However, when a defective product causes injury, the consequences can be devastating, ranging from minor harm to catastrophic injuries or even wrongful death. Product liability claims provide a legal pathway for consumers to seek justice and compensation from manufacturers, distributors, or retailers responsible for faulty products. In Florida, these claims are governed by specific laws and require a thorough understanding of legal principles to navigate successfully. In this blog post, we explore the legal avenues available to consumers injured by defective products, the types of product liability claims, and the potential compensation you may recover to help you move forward after an injury.

What Are Product Liability Claims?

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, or retailers for injuries caused by defective or dangerous products. When a product fails to perform safely as intended, consumers harmed by that product can file a product liability claim to hold responsible parties accountable. In Florida, product liability claims are primarily governed by Florida Statute 768.81 and common law principles, allowing injured consumers to pursue compensation for medical expenses, lost wages, pain and suffering, and other damages.

Unlike other personal injury cases, product liability claims often rely on the doctrine of strict liability. Under strict liability, you do not need to prove that the manufacturer was negligent—only that the product was defective and caused your injury. This makes it easier for consumers to seek justice, as the focus is on the product’s condition rather than the manufacturer’s conduct. However, proving a defect and its connection to your injury requires meticulous evidence and legal expertise, which is where an experienced Florida product liability attorney becomes essential.

Types of Product Liability Claims In Florida

Product liability claims in Florida generally fall into three main categories, each addressing a different type of defect or failure. Understanding these categories helps clarify the legal avenues available to you and the basis for your claim.

Design Defects

A design defect exists when a product’s inherent design is unreasonably dangerous, even if it is manufactured correctly. These defects affect an entire product line, not just a single unit. For example, a car model with a flawed braking system that fails under normal conditions could be considered defectively designed. To succeed in a design defect claim, you must show that the product’s design was inherently unsafe and that a safer, feasible alternative design was available. In Florida, courts often apply the “risk-utility test” to evaluate design defects, assessing whether the product’s risks outweigh its benefits and whether a reasonable alternative design could have prevented the injury.

Manufacturing Defects

A manufacturing defect occurs when a product is flawed due to an error during production, assembly, or quality control, making it different from other units in the same product line. For instance, a batch of medication contaminated during production or a power tool with a faulty component could have a manufacturing defect. In these claims, you must prove that the defect arose during the manufacturing process and that it caused your injury. Manufacturing defect cases often involve analyzing production records, quality control reports, and the specific unit that caused harm to establish the defect’s origin.

Failure to Warn or Inadequate Instructions

A failure-to-warn claim arises when a product lacks adequate warnings or instructions about its safe use, rendering it unreasonably dangerous. This type of defect applies when a product has inherent risks that are not obvious to consumers, and the manufacturer fails to provide clear guidance to mitigate those risks. For example, a household cleaner that causes severe burns if mixed with other chemicals must include a prominent warning about this danger. In Florida, you must show that the manufacturer knew or should have known of the risk, failed to provide sufficient warnings or instructions, and that this failure caused your injury. Courts evaluate whether the warnings were clear, conspicuous, and specific enough to inform a reasonable consumer.

Legal Avenues for Pursuing Product Liability Claims in Florida

Consumers injured by defective products in Florida have several legal avenues to pursue compensation, depending on the circumstances of their case. Each avenue involves distinct legal theories and strategies, which your attorney will tailor to the facts of your injury.

Strict Liability Claims

As mentioned, strict liability is the most common basis for product liability claims in Florida. Under strict liability, you must prove three elements: (1) the product was defective (design, manufacturing, or failure to warn), (2) the defect made the product unreasonably dangerous, and (3) the defect directly caused your injury. Strict liability shifts the burden away from proving negligence, focusing instead on the product’s condition. For example, if a defective ladder collapses and causes you to fall, you can pursue a strict liability claim against the manufacturer without proving they were careless in designing or building the ladder.

Negligence Claims

In some cases, you may pursue a negligence-based product liability claim, which requires showing that the manufacturer, distributor, or retailer failed to exercise reasonable care in designing, producing, or marketing the product. For instance, if a company ignored reports of a product’s dangers during testing, their negligence could be the basis for a claim. Negligence claims require evidence of the defendant’s actions, such as internal memos, testing failures, or ignored safety standards, making them more complex than strict liability claims.

Breach of Warranty Claims

A breach of warranty claim arises when a product fails to meet the promises made by the manufacturer or seller. There are two types of warranties in product liability cases: express and implied. An express warranty is a specific guarantee, such as a label claiming a product is “safe for all ages.” An implied warranty, under Florida’s Uniform Commercial Code (Florida Statute 672.314), ensures that a product is fit for its ordinary purpose or a specific use promised by the seller. If a product’s defect breaches these warranties and causes injury, you can sue for damages. For example, if a fitness tracker marketed as waterproof malfunctions and causes an electrical shock, you could file a breach of warranty claim.

Class Actions and Mass Torts

If a defective product injures many consumers, you may join a class action or mass tort lawsuit. Class actions involve a group of plaintiffs with similar injuries suing together, often for widespread design defects, like a faulty medical device. Mass torts, on the other hand, involve individual claims coordinated under a single legal framework, such as defective drugs causing varied injuries. These lawsuits allow consumers to pool resources and hold large corporations accountable. In Florida, courts handle class actions and mass torts under strict procedural rules, and our attorneys can determine if this avenue suits your case.

Potential Compensation in Product Liability Claims

If you’ve been injured by a defective product, you may be entitled to various types of compensation, known as damages, to address the financial, physical, and emotional toll of your injury. In Florida, product liability claims can recover both economic and non-economic damages, and in rare cases, punitive damages. Below, we detail the potential compensation available.

Economic Damages

Economic damages compensate for tangible financial losses caused by the defective product. These include:

  • Medical Expenses: Costs for hospital stays, surgeries, medications, rehabilitation, and future medical care for ongoing injuries. For example, if a defective hip implant requires revision surgery, you can recover these costs.
  • Lost Wages: Income lost due to time away from work during recovery. If you’re unable to return to your job, you may also recover loss of earning capacity for reduced future income.
  • Property Damage: Costs to repair or replace property damaged by the defective product, such as a vehicle damaged by a faulty tire.
  • Out-of-Pocket Expenses: Miscellaneous costs, like transportation to medical appointments or hiring help for household tasks you can no longer perform.

Non-Economic Damages

Non-economic damages address intangible losses that don’t have a direct monetary value but significantly impact your life. These include:

  • Pain and Suffering: Compensation for physical pain and emotional distress caused by your injuries, such as chronic pain from a defective medical device.
  • Mental Anguish: Damages for psychological impacts, like anxiety, depression, or post-traumatic stress disorder, often seen in cases involving severe injuries.
  • Loss of Enjoyment of Life: Compensation for the inability to participate in hobbies, family activities, or other joys due to your injuries.
  • Loss of Consortium: Damages awarded to your spouse or family for the loss of companionship or support caused by your injuries.

Punitive Damages

In rare cases, Florida courts may award punitive damages to punish the defendant for egregious conduct and deter similar behavior. Under Florida Statute 768.73, punitive damages are capped at three times the compensatory damages or $500,000, whichever is greater, unless the defendant’s actions were intentional or grossly negligent. For example, if a manufacturer knowingly sold a defective product without addressing reported dangers, punitive damages might apply. Your attorney must present clear evidence of willful misconduct to pursue these damages.

Challenges in Product Liability Claims

Product liability claims can be complex, as manufacturers and their insurers often employ aggressive defense strategies to avoid liability. Common challenges include:

  • Proving the Defect: Establishing that a product was defective and caused your injury requires detailed evidence, such as product testing, expert analysis, and documentation of the injury. For example, proving a manufacturing defect may involve comparing the faulty unit to industry standards.
  • Causation: Defendants may argue that your injury resulted from misuse of the product or an unrelated cause. Your attorney must link the defect directly to your harm, often using expert testimony from engineers or medical professionals.
  • Statute of Limitations: In Florida, the statute of limitations for product liability claims is generally two years from the date of injury (Florida Statute 95.11(3)(a), amended in 2023). However, the statute of repose (Florida Statute 95.031) may limit claims to 12 years from the product’s delivery date, with exceptions for latent defects or fraud. Missing these deadlines can bar your claim.
  • Corporate Defenses: Large manufacturers often have significant resources to dispute claims, hiring their own experts to challenge your evidence. A skilled attorney levels the playing field by building a robust case with compelling evidence.

How Kogan & DiSalvo Can Help

At Kogan & DiSalvo, our Florida product liability attorneys have been fighting for consumers injured by defective products since 1994. We understand the physical, financial, and emotional toll these injuries can take, and we’re committed to holding negligent manufacturers accountable. Our legal team conducts thorough investigations, working with top engineers, medical experts, and product safety specialists to prove defects and causation. We handle all aspects of your claim, from gathering evidence like product samples and recall notices to negotiating with insurers and litigating in court if necessary.

We know that pursuing a product liability claim can feel overwhelming, especially when you’re recovering from an injury. That’s why we offer free consultations to evaluate your case and work on a contingency fee basis—you pay nothing unless we win. Our attorneys are prepared to explore all legal avenues, whether it’s a strict liability claim, negligence lawsuit, or class action, to secure the maximum compensation you deserve.

Take Action Today

If you’ve been injured by a defective product in Florida, don’t wait to seek justice. The sooner you act, the stronger your case will be, as evidence like the faulty product or witness testimony can degrade over time. Contact Kogan & DiSalvo Personal Injury Lawyers today at (954) 733-6300 or online for a free, no-obligation consultation. Our dedicated team will review your case, explain your legal options, and fight tirelessly to secure compensation for your medical bills, lost wages, pain and suffering, and more. Let us handle the legal battle so you can focus on healing and rebuilding your life.

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What To Do If I Get Injured By A Defective Product? https://www.kogan-disalvo.com/dangerous-product/what-to-do-if-i-get-injured-by-a-defective-product/ Thu, 05 Dec 2024 15:46:00 +0000 https://www.kogan-disalvo.com/?p=13249 Sometimes, a product you trust can cause you or a family member unexpected and significant harm. In such a case, […]

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Sometimes, a product you trust can cause you or a family member unexpected and significant harm. In such a case, you may have a product liability case in Florida. Find out steps you can take to potentially recover damages and your health.

Seek Proper Medical Attention

Always put your health and well-being first after a serious injury, including one from a defective product. One important reason is the documentation helps establish your case. If you delay seeking treatment, the defense may have a believable argument that your injuries weren’t as serious as you claim them to be.

Also, the compensation you can get for these injury claims is only for injuries you sustain due to other negligent parties. If you cause yourself injuries or make them worse through your own negligence, you may not receive compensation. 

Preserve the Evidence

Hold onto the defective product and try not to alter it in any way. Preserve it just as it was at the time of the accident. Leave the scene of the accident intact for as long as you safely can so professionals can inspect it.

Collect or retrieve any packaging, labels, manuals, purchase receipts, invoices for repair, maintenance records or communications you have for the product. Take pictures and videos of these, as well as of the defective item, the scene and your injuries.

When visiting a doctor, explain clearly what happened without saying anything to indicate that the incident was your fault. Request copies of your doctor’s notes, other medical records, bills and diagnoses as documentation.

Create your own journal about the event and your injuries. Start by recording your recollections about what was happening just before, during and after the accident. Write in detail about your pain, injuries and recovery process, including the impact all these have on your mental health. Continue to take photos of your injuries to show how they are progressing.

If someone else was around and witnessed the incident, try to get an initial statement of what they saw and heard. Record it with your phone if you can. Then, request their contact information so you can get their testimony later if necessary.

Report the Incident to the Appropriate Parties

Report incidents involving defective products to the appropriate authorities. If the defective item was a vehicle part that caused a crash, you should report the incident to the police. In new vehicles, be sure to report the problem to the vehicle manufacturer and the National Highway Traffic Safety Administration. 

Report any foods and medicines that cause harm to the Food and Drug Administration. Consumer protection agencies accept reports about problems with other types of products, such as toys and tools. This step could help prevent injury to someone else and even save lives. 

You should also report the basic facts of the accident and injury to the product seller or manufacturer. However, do not talk about the accident to others, including friends and family. 

Also, don’t post about what happened to you on social media. In general, it is a good idea to set your profiles to a private setting or stay off of these networks altogether. The most innocent statement could become evidence against you in court.

Seek Legal Counsel

While it’s a good idea not to discuss your case with other people, you can go over all of the details with a product liability lawyer, such as our team at Kogan & DiSalvo. We keep case reviews and client-attorney discussions strictly confidential. 

Product liability cases can be complex, so it’s important to find someone with experience in this practice area. Expect the defense’s insurance or legal team to be well-prepared and ready to resist your efforts for a fair settlement.

Bear in mind that you only have two years from the time you discover your injuries from the defect to file a case. However, the process of collecting evidence, building a case and negotiating a settlement can take time. That’s why it’s wise to talk with a lawyer as soon as possible.

Determine if the Product Is Defective

Florida law requires you to establish the following elements for strict product liability action:

  • The item is a product that someone sold or leased.
  • A manufacturer produced the product (i.e., it’s not something from nature).
  • The product was defective or somehow created an unreasonably dangerous condition.
  • The product caused your injuries.

Only if you can prove all of these points can you have a valid product liability claim.

Determine the Type of Defect

Identifying the exact defect is important for determining who is liable. Different companies often contribute different parts or processes in the creation of a product. Therefore, one company could be liable while another is not.

Design Defects

A design defect is a flaw in the plans or blueprints of an item. This type of defect makes the engineering or design company that created those plans responsible for the failure or malfunction. In these cases, you often have to show that a different type of design would have prevented the defect.

Manufacturing Defects

Even if the design was safe, a mistake during production can create a manufacturing defect. This defect could include subpar materials or improper assembly.

Marketing Defects

The manufacturer may fail to warn consumers of potential dangers by either mislabeling or not including labels. These types of warnings are generally for dangers that would not be apparent to the average consumer.

Of course, you may have a case where more than one of these defects is present. In that situation, you can file claims against the responsible parties. If they are all liable, they will split the payment of damages according to their percentage of liability. 

Get Compassionate Assistance With Your Defective Product Claim

If you were injured or a loved one died because of what you believe was a defective product, you may be eligible to receive compensation for your losses. You need a firm that cares about your case and is willing to fight hard against large corporations or insurance companies.

For that kind of neighborly concern and professional experience, call or message our team at Kogan & DiSalvo for a free case evaluation. We’re ready to hear your story and help you understand your options for justice.

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Charcuterie Meat Trays Causes Salmonella Outbreak Alert at Costco and Sam’s Club https://www.kogan-disalvo.com/dangerous-product/charcuterie-causes-salmonella-outbreak-costco-sams-club/ Tue, 23 Jan 2024 17:39:50 +0000 https://www.kogan-disalvo.com/?p=9733 As of January 19, 2024, the Centers for Disease Control and Prevention (CDC) has escalated its caution regarding a salmonella […]

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As of January 19, 2024, the Centers for Disease Control and Prevention (CDC) has escalated its caution regarding a salmonella outbreak tied to charcuterie meat trays available at Costco and Sam’s Club. This development follows a comprehensive investigation initiated earlier this month, revealing 47 confirmed cases of illness and 10 hospitalizations across 22 states.

Identify the Culprits: Busseto and Fratelli Beretta Brands Under Scrutiny

Scientist inspecting meat sample at laboratory.

The implicated products include the Busseto brand charcuterie sampler from Sam’s Club and the Fratelli Beretta brand Antipasto Gran Beretta from Costco. These twin packs showcase a variety of dried meats, including salami, prosciutto, coppa, and soppressata.

Take Immediate Action: CDC Advises Against Consumption and Recommends Precautions

Woman washing a sweet pepper close-up under running water

While the investigation is ongoing, the CDC strongly advises consumers to refrain from consuming these products and emphasizes the importance of thoroughly washing any items that may have come into contact with them. Salmonella can result in severe illness, particularly in vulnerable populations.

Recognize Symptoms: Stay Informed for Your Well-being

A person grasping their stomach in pain while sitting on a couch

Common symptoms of salmonella infection include diarrhea, fever, and stomach cramps, with onset occurring between six hours to six days after exposure. Individuals experiencing specific symptoms such as diarrhea with a fever exceeding 102°F, persistent diarrhea lasting more than three days, bloody stools, prolonged vomiting, or signs of dehydration should seek immediate medical attention.

Probe Continues: Ongoing Investigation to Identify Additional Contaminated Products

Woman with a clipboard checking quality of food in a commercial kitchen

Investigators are actively working to determine if any other products may be contaminated. Both the Busseto and Fratelli Beretta brands, affiliated with the same company, are cooperating with authorities.

Your Legal Partner: Kogan & DiSalvo Offers Support for Affected Individuals

Two people shaking hands in a law office

For those affected by this outbreak seeking legal assistance, Kogan & DiSalvo, a reputable personal injury law firm, is here to provide support. If you or a loved one has suffered harm due to the consumption of these charcuterie products, contacting the Florida product liability lawyers at Kogan & DiSalvo can help you explore your legal options.

Your Well-being Matters: Contact Kogan & DiSalvo for a Confidential Consultation

The attorneys at Kogan & DiSalvo in front of their office building

Your health is our priority, and our experienced team is ready to assist you in seeking the compensation you deserve. Contact Kogan & DiSalvo today for a confidential consultation to understand your rights in the aftermath of this salmonella outbreak.

If you suffered harm due to a defective product and need legal assistance, don’t hesitate to reach out to our personal injury lawyers in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, and West Palm Beach.

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Important Consumer Alert: Quaker Granola Bars and Granola Cereals Recall Due to Salmonella Contamination https://www.kogan-disalvo.com/dangerous-product/consumer-alert-quaker-granola-bars-recalled-salmonella/ https://www.kogan-disalvo.com/dangerous-product/consumer-alert-quaker-granola-bars-recalled-salmonella/#respond Wed, 10 Jan 2024 22:30:55 +0000 https://www.kogan-disalvo.com/?p=9609 In a recent announcement, The Quaker Oats Company has issued a voluntary recall for specific granola bars and granola cereals, […]

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In a recent announcement, The Quaker Oats Company has issued a voluntary recall for specific granola bars and granola cereals, highlighting the potential risk of Salmonella contamination. Salmonella is a harmful organism that can lead to severe infections, especially in vulnerable populations such as young children, elderly individuals, and those with weakened immune systems. The recall affects various Quaker products distributed across the 50 United States, Puerto Rico, Guam, and Saipan.

Why the Recall?

Woman with a clipboard checking quality of food in a commercial kitchen

The recall is a precautionary measure as these products may be contaminated with Salmonella, which can cause symptoms like fever, diarrhea (possibly bloody), nausea, vomiting, and abdominal pain. In rare cases, Salmonella infection can lead to more severe illnesses such as arterial infections, endocarditis, and arthritis.

Recalled Products:

Text Product Recall typed on retro typewriter

A comprehensive list of the recalled granola bars and granola cereals, including product descriptions, sizes, UPC codes, and best before dates, has been provided by Quaker. Consumers are urged to check their pantries for any of the recalled products and dispose of them immediately.

How Can We Help?

The attorneys at Kogan & DiSalvo in front of their office building

If you or a loved one has consumed the recalled products and experienced illness or adverse effects, our experienced personal injury law firm is here to assist you. We understand the importance of holding responsible parties accountable for any harm caused by their products.

Our team of dedicated product liability attorneys specializes in personal injury cases related to foodborne illnesses and product recalls. We have a proven track record of helping individuals receive compensation for medical expenses, pain and suffering, and other damages resulting from the negligence of a company.

What Should You Do?

An open pantry filled with packaged foods

Check Your Pantry: Review the provided list of recalled products to ensure none are present in your pantry.

What to do with the Recalled Products: Avoid consuming them and save the products for evidence that you consumed the recalled product.

Seek Medical Attention if Necessary: If you or a family member has consumed the recalled products and experienced symptoms of Salmonella contamination, seek medical attention promptly.

Contact Us: If you believe you have suffered harm due to the recalled products, contact our personal injury law firm for a free consultation.

Remember, Your Safety is Our Priority!

Little girl with parents talking with a layer in the background

At Kogan and DiSalvo, we are committed to protecting the rights and well-being of consumers. If you have been affected by the Quaker granola bars and granola cereals recall, don’t hesitate to reach out to our experienced product liability lawyers for support.

We are here to support you in Boca RatonBoynton BeachDelray BeachFt. LauderdaleLakelandPalm BaySt. PetersburgStuartTampaVero Beach, and West Palm Beach.

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What is the Statute of Limitations for Zantac Claims? https://www.kogan-disalvo.com/dangerous-product/what-is-the-statute-of-limitations-for-zantac-claims/ https://www.kogan-disalvo.com/dangerous-product/what-is-the-statute-of-limitations-for-zantac-claims/#respond Mon, 29 Nov 2021 08:00:00 +0000 https://koganinjury.wpengine.com/?p=3218 Zantac, a popular medication to treat heartburn and acid reflux, recently has been linked to various types of cancer. This […]

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Zantac, a popular medication to treat heartburn and acid reflux, recently has been linked to various types of cancer. This is because research has found that Zantac, or ranitidine, and its generic counterparts contain dangerous levels of NDMA, which is a known cancer-causing carcinogen. The levels of NDMA found in these medications are 3,000 times the FDA’s daily recommendation. This carcinogen has been linked to bladder, breast, kidney, liver, lung, pancreatic, prostate, and stomach cancer. As the FDA and drug companies continue to issue recalls of these products across the country, more consumers may be eligible to file a lawsuit for compensation.

Time Limit for Zantac Lawsuits | Kogan and DiSalvo

The drug manufacturers of Zantac, Sanofi and Boehringer, generated $1 billion in sales from this medication. However, these companies failed to warn consumers properly about the potential cancer risks associated with taking this drug. As a result of this negligence, many consumers may have the right to take legal action.

To join the class-action lawsuit against Sanofi and Boehringer, you must be able to prove that you purchased Zantac and were not informed about the risks for developing cancer. Additionally, you must file your Zantac claim within the appropriate statute of limitations. If you have been diagnosed with cancer after taking Zantac, you should contact the experienced dangerous drug lawyers at Kogan & DiSalvo.

Receiving a Diagnosis After Taking Zantac

Getting a proper diagnosis from a doctor is extremely important to the viability of these Zantac claims because it can help determine the value of a case as well as provide evidence for an individual’s losses. Without a proper diagnosis, the defending parties could argue that the plaintiff’s health problems are not connected to the drug, Zantac. Additionally, receiving a diagnosis helps determine the deadline to file their claim for compensation.

What is the Deadline to File a Zantac Claim?

The statute of limitations sets a time limit on the right to file a lawsuit. According to Flordia Statutes § 95.11(3)(a),(e),(k), the statute of limitations for filing a civil claim is two years from the date the injury or from when the injury should have been discovered. As a result, in a Zantac lawsuit, this deadline could begin once a doctor diagnoses an individual with cancer.

However, some drug manufactures have been known to argue that the start of the statutory period begins when symptoms of cancer began in an effort to time-bar some of these claims. A diligent attorney could help someone file their Zantac claim within the appropriate timeframe and combat these potential arguments.

Contact a Florida Zantac Attorney

If you think your cancer diagnosis is linked to Zantac consumption, you should consult a lawyer as soon as possible. The attorneys at Kogan & DiSalvo could help you navigate the claims process and help you file your Zantac claim before the statute of limitations expires. To begin working on your case, give us a call today for your free consultation. lawyers are here to support you in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, and West Palm Beach.

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Do I Have a Zantac Claim? https://www.kogan-disalvo.com/dangerous-product/filing-claim-zantac-cancer/ https://www.kogan-disalvo.com/dangerous-product/filing-claim-zantac-cancer/#respond Thu, 21 Oct 2021 08:00:00 +0000 https://kogandv.wpengine.com/?p=3891 Zantac has been linked to various cancers and other health risks. As a result, Sanofi, the drug’s manufacturer, is currently […]

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Zantac has been linked to various cancers and other health risks. As a result, Sanofi, the drug’s manufacturer, is currently facing hundreds – if not thousands – of lawsuits alleging that it is legally responsible for damages incurred by patients who have been diagnosed with cancer as well as families who have lost loved ones.

As researchers continue to learn more about the risks associated with Zantac (and as more individuals are diagnosed with cancer and other serious health conditions related to Zantac), the number of lawsuits will continue to rise. Class action litigation against Sanofi is also in its preliminary stages.

If you or a loved one took Zantac and suffered adverse health effects, it is important to know your legal rights. Keep reading for more information on whether you have a Zantac claim, or contact Kogan & DiSalvo today for a free case evaluation.

3 Key Questions for Determining If You Have a Zantac Claim

A pharmacist taking a box of medication off of a shelf

1. Did You Take Zantac?

To bring a claim against Sanofi, you must be able to prove that you took Zantac. It doesn’t matter why you took Zantac or whether your health insurance helped cover the cost – you just need to be able to prove that you took the drug in either prescription or over-the-counter form. This includes all of the most common formulations of Zantac:

  • Zantac 150
  • Zantac 150 Maximum Strength
  • Zantac 150 Maximum Strength Cool Mint
  • Zantac 75

2. Have You Been Diagnosed with Cancer or Another Condition Linked to Zantac?

Research has shown an elevated risk of cancer and other serious health conditions among those who regularly take ranitidine (the active ingredient in Zantac). If you have developed any of these cancers or other conditions after taking Zantac, you should consult with a lawyer promptly.

Some of the most common cancers and other conditions linked to Zantac include:

  • Bladder cancer
  • Breast cancer
  • Kidney disease
  • Kidney/renal cancer
  • Leukemia
  • Liver disease
  • Non-Hodgkin’s lymphoma
  • Organ damage
  • Pancreatic cancer
  • Prostate cancer

Importantly, even if you have not yet been diagnosed, you could still have a Zantac claim against Sanofi. Claims against Sanofi allege that the company withheld information about the cancer risks associated with Zantac. As a result, even if you have not developed cancer (or any other medical condition) after taking Zantac, you should still speak with a Zantac lawyer about your legal rights.

3. Has It Been Less Than Two Years Since Your Diagnosis?

The statute of limitations for Zantac claims is two years. In most cases, this means two years from the date of diagnosis. If it has been less than two years since your diagnosis or if you have not yet been diagnosed, you should still have time to file your Zantac claim.

What if it has been more than two years? Even in this scenario, you should consult with a lawyer. An experienced Zantac lawyer will be able to confirm whether the statute of limitations for your claim has expired and determine if you have any other grounds to seek financial compensation.

3 Steps to Take If You Have a Zantac Claim

Blue capsule pills on a conveyer in a pharmaceutical factory

1. Collect All Relevant Medical Records

To pursue a Zantac claim, you will need as much documentation as possible. Collecting your medical records is a good place to start. This includes medical records related to:

  • Your Zantac prescription (if you have one); and
  • Treatment records for cancer or other medical conditions that may be related to your use of Zantac.

Take some time to collect what you have, but don’t worry if you can’t find something. If you have a Zantac claim, your lawyer will be able to gather all of the documentation needed to seek just compensation on your behalf.

2. Take Notes

In addition to collecting your relevant medical records, it can be helpful to document your use of Zantac as well. How long did you take (or have you been taking) Zantac? When was the last time you took it? When did you first start experiencing symptoms that led you to see a doctor (if applicable)? These are all important details that will help your lawyer assess your legal rights.

3. Talk to an Attorney

Finally, if you think you may have a Zantac claim – or if you don’t know if you have a Zantac claim and would like to find out – you should contact a Zantac lawyer promptly. You will need a lawyer to help you with your claim, and getting started promptly will give you the best chance to recover the compensation you and your family deserve.

Contact Kogan & DiSalvo Today

The attorneys at Kogan & DiSalvo in front of their office building

Taking on major corporations that make and distribute dangerous medications can be daunting. Mass torts is a complex area of law, and it is crucial to work with an experienced and knowledgeable law firm that can represent you effectively.

Kogan & DiSalvo is currently investigating claims against Sanofi and the makers of generic ranitidine. If you or a loved one developed cancer or another serious illness after taking Zantac, our attorneys can help.

Please call Kogan & DiSalvo at (561) 375-9500 today for a free case evaluation. Our Zantac lawyers serve clients nationwide from offices throughout Florida.

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Do I Have a Case if I Developed Cancer After Taking Zantac? https://www.kogan-disalvo.com/dangerous-product/do-i-have-a-case-if-i-developed-cancer-after-taking-zantac/ https://www.kogan-disalvo.com/dangerous-product/do-i-have-a-case-if-i-developed-cancer-after-taking-zantac/#respond Thu, 02 Jul 2020 14:04:52 +0000 https://koganinjury.wpengine.com/?p=3284 Zantac, or ranitidine, is a drug used to decrease the amount of acid in the stomach, thereby treating consumers suffering […]

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Zantac, or ranitidine, is a drug used to decrease the amount of acid in the stomach, thereby treating consumers suffering from heartburn. Zantac has been one of the most popular antacid drugs since the 1980s. However, recently it has been found that the manufacturer of this medication covered up a connection between the drug and the potential to develop cancer.

On September 13, 2019, the U.S Food and Drug Administration (FDA) announced that they were investigating Zantac cancer risks after finding that the drug contained NDMA levels that are 3,000 times the FDA’s daily recommendation.

After concluding their investigation, the U.S. Food and Drug Administration (FDA) issued an immediate market withdrawal of Zantac products after determining the high levels of NDMA posed a risk to consumers. Prior to the Zantac recalls, manufacturers took generic versions of this drug off pharmacy shelves after finding high levels of NDMA in these products as well.

The attorneys at Kogan & DiSalvo could help injured parties hold the drug makers Sanofi and Boehringer Ingelheim accountable for their careless mistakes. Zantac has been linked to various types of cancer. Our firm represents people from across the country who have developed cancer to the bladder, breasts, kidneys, liver, lung, pancreatic, prostate, and stomach.

Frequently Asked Questions About Zantac Lawsuits

Did I take a Zantac product?

The most common Zantac products are Zantac 150 tablets, Zantac 150 maximum strength, Zantac 150 maximum strength cool mint and Zantac 75 tablets. If you have consumed one of these products, you may have a case to join a class action claim against drug makers.

I took Zantac and developed cancer. Do I have a case?

If you took Zantac and developed cancer, you may be eligible to file a personal injury lawsuit against Sanofi and Boehringer Ingelheim. A personal injury lawsuit may allow you to obtain compensation for any economic and noneconomic losses that were the result of your cancer. If you have not developed cancer but still took Zantac, you may still be able to join the class-action lawsuit.

Can I join the Zantac class-action lawsuit?

If you have developed cancer after taking Zantac, you can discuss your case with a Zantac lawyer at Kogan & DiSalvo. You must be able to prove that you have purchased Zantac to join the class-action claim against Sanofi and Boehringer Ingelheim. This claim argues that consumers would not have purchased the drug if they had known about the cancer risks.

How do I contact a Zantac lawyer?

If you took Zantac and developed cancer, you should speak with one of the dangerous drugs lawyers at Kogan & DiSalvo. Our team has experience in holding big corporations accountable for their negligence. To set up a free case consultation, please fill out an evaluation form online or give us a call.

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Chinese Drywall Class Action https://www.kogan-disalvo.com/dangerous-product/chinese-drywall-class-action/ https://www.kogan-disalvo.com/dangerous-product/chinese-drywall-class-action/#respond Mon, 18 Nov 2013 17:23:59 +0000 http://kogandisalvo.wpengine.com/?p=176 Boca Raton, FL – The law firm of Kogan & DiSalvo, P.A., with offices in Boca Raton, Boynton Beach, Delray […]

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Boca Raton, FL – The law firm of Kogan & DiSalvo, P.A., with offices in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, and West Palm Beach, Florida, filed suit on Monday July 27, 2009 in Broward County Circuit Court on behalf of hundreds of Florida families victimized by defective “Chinese Drywall” in their WCI Communities, Inc. homes. The suit seeks 200 million dollars in damages from eight WCI homeowner associations throughout Florida for breach of fiduciary duty and negligence.

The lawsuit alleges that executives of now bankrupt WCI knew of the existence of defective “Chinese Drywall” in their homes as early as 2006. These same executives served on WCI homeowner association boards and appointed other WCI executives to these boards who had knowledge of this hazard. These executives, and the homeowner association boards they control, have never notified a single WCI resident about the dangerous drywall in their homes. The lawsuit alleges that their failure to notify or warn constitutes a breach of their fiduciary duties owed to the residents and constitutes negligent performance of their association board duties.

The “Chinese Drywall” victims are alleging that had the WCI board members promptly warned the residents, the “Chinese Drywall” victims would not have purchased their WCI homes, would not have improved the homes. They would have immediately removed their families from these homes and promptly brought legal claims against WCI while the billion dollar corporation was solvent.
The lawsuit only seeks damages available through the associations’ policies of insurance, which were originally purchased by the builder, WCI. Consequently, WCI association homeowners should not anticipate increased assessments as a result of the suit.

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