Improper warnings: A serious risk consumers must know

On Behalf of | Jan 15, 2021 | Defective Medical Device Litigation |

When perusing your closest department store, nearly every product on the shelves has fine print on the label that warns about the hazards you could face when using the product. Some of these warnings might seem apparent to Texas shoppers, but these labels are essential for your safety.

After all, it is a manufacturer’s duty to give such warnings. Failing to do so can have serious consequences, and all consumers should be aware of this particular risk.

What exactly is “the failure to warn?”

As we have discussed in past blog posts, there are many ways a product could be defective. One of the most serious risks involves a manufacturer’s failure to warn consumers of any dangers that could occur when using their product.

But what does this mean? The law requires manufacturers to:

  • Warn users of dangers or risks that are not immediately apparent, often with a warning label or instructions that come with the product
  • Inform users about how to use the product so they can avoid such dangers outlined in the warning label or instructions

These warnings are critical, but if the dangers are not immediately apparent, it can put consumers at even more risk – especially if the manufacturer fails to provide a proper warning.

A recent risk in particular? Diabetes devices

The lack of a proper warning recently became a significant issue for those who use devices to keep their diabetes symptoms under control. There are many types of devices that help, such as insulin pumps and glucose monitors.

However, according to Consumer Reports, several manufacturers failed to provide a proper warning to consumers about life-threatening malfunctions.

The Food and Drug Administration (FDA) knew of the defects and issued warnings to the companies. However, many companies took anywhere from two to four years to actually issue a recall or properly warn consumers. By that time, many individuals who used these products had already suffered serious or fatal injuries from:

  • Loss of consciousness, leading to dangerous situations such as car accidents or falls
  • Overdoses of insulin, often leading to comas

Even though it is a manufacturer’s responsibility to inform you of potential risks to your health or safety, you can help protect yourself by taking great care when selecting and using such medical devices. It might help to research your options carefully, so you understand the side effects and risks before using any medical devices.