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Understanding Your Rights After a Recall Injury

  • January 31, 2025
  • KBA Attorneys
  • No Comments

Understanding Your Rights After a Recall Injury: Speak  to a Defective Product Attorney

When a company recalls a dangerous product, it’s usually because someone has already been harmed. Unfortunately, many defective products stay on the market too long, injuring people before a recall ever happens. Whether it’s a faulty medical device, a defective car part, or a hazardous household item, consumers deserve protection—and when manufacturers fail, they must be take accountability.

At KBA Attorneys, we have helped clients who were seriously injured by defective products that were later recalled. You should know your rights, what steps to take next if this has harmed you or your family.

What to Do If A Recalled Product Has Injured You

A recall does not erase the manufacturer’s responsibility for injuries their product caused. In fact, a recall can strengthen your case. It can prove that the company knew about the defect and acknowledged the danger it posed to consumers. Even if the manufacturer offers refunds, replacements, or repairs as part of the recall, that may not be enough to cover your medical bills, lost wages, pain and suffering, or long-term complications caused by the defective product. Many companies recall products only after numerous people have already been injured. Therefore, they may have ignored safety concerns until they had no choice but to act.

If you’ve been hurt by a product that has since received a recall, you still have legal options. Here’s what you should do:

Stop Using the Product Immediately:

Even if you only experience minor injuries, stop using the defective product right away to prevent further harm. Many serious injuries start as mild symptoms but can worsen over time, especially if someone uses the product continuously. What may seem like a small burn, electrical shock, or irritation could turn into a long-term medical issue if the defective product continues to pose a risk.

Document the Injury and the Product Defect:

If a defective product has caused you injury, documenting the incident thoroughly is essential for both your medical recovery and any potential legal claim. Taking clear and detailed photographs of your injury, the product, and any related materials can serve as crucial evidence when seeking compensation. Proper documentation helps establish a direct link between the defective product and your injury. This makes it harder for manufacturers or insurance companies to deny responsibility.

Report the Issue to the Manufacturer and the CPSC:

The Consumer Product Safety Commission (CPSC) tracks dangerous products and can issue recalls. Reporting your injury helps warn others and provides evidence that the company knew about the risks.  By filing a safety complaint, you help prevent further injuries, increase public awareness, and push for stronger safety measures.

Real Cases at KBA Attorneys

At KBA Attorneys, we’ve seen firsthand the damage that defective products can cause. Some of the cases we’ve worked on include:

BioZorb Breast Marker Injuries:

Women who have had the BioZorb breast marker have experienced severe pain, infections, and complications from the BioZorb breast marker, a surgical implant meant to help doctors target radiation therapy. Despite the risks, patients do not receive the proper information and warnings about potential long-term damage. The failure to properly warn patients about BioZorb’s risks has left many women suffering physically, emotionally, and financially. Those affected may face unnecessary pain and suffering. It is common for patients to have additional surgeries to remove the device, long-term scarring and tissue damage and emotional trauma from unexpected complications.

Cartiva Toe Implant Failures:

The Cartiva implant, meant to relieve joint pain, instead failed early for many patients, causing excruciating pain and requiring additional surgeries. Many patients who received the Cartiva implant were never fully informed about the risks of early failure and revision surgery. Studies now also suggest the failure rate is much higher than expected. Some patients experience complete failure in just months.

Hernia Mesh Complications:

Hernia mesh implants were designed to reinforce weakened tissue and prevent hernias from returning. However, for thousands of patients, these implants have caused more harm than good. The mesh has lead to severe complications, painful infections, and even life-threatening organ damage for some. As a result, certain types of hernia mesh have been recalled after being linked to serious injuries and high failure rates.

These cases show that many dangerous products stay on the market far too long before there is an issue of a recall—often after it harms hundreds or thousands of people. With a defective product attorney by your side, you can get the justice you deserve. 

How a KBA Defective Product Attorney Can Help You

Our attorneys handle product liability cases. We know how to hold manufacturers, medical device companies, and corporations accountable for their negligence.

We fight to get our clients compensation for medical bills, lost wages, pain and suffering, and other damages caused by recalled products.

Companies should never put profits over consumer safety. If a recalled or defective product has caused you or a loved one any harm, contact KBA Attorneys today for a free consultation. We’ll stand by your side and fight for the justice you deserve.