Hurt by a medication, medical device or product

Product liability is mostly state law

There's no single federal product liability law. Claims are generally brought under state law, and most states recognize three kinds of problems:

• Design defect: the product is unreasonably dangerous because of how it was designed, even when it's made correctly.
• Manufacturing defect: something went wrong when this particular product, or batch, was made.
• Failure to warn: the label, instructions or warnings didn't adequately explain a risk the maker knew or should have known about.

Depending on the state, these claims may be brought as negligence, strict liability or breach of warranty. The people who can be responsible may include the manufacturer, the maker of a part, the distributor and the seller.

Federal agencies set the safety rules and run recalls

• Medicines and medical devices: the U.S. Food and Drug Administration (FDA) regulates them under the Federal Food, Drug, and Cosmetic Act. It collects problem reports through MedWatch, publishes Drug Safety Communications, and oversees recalls.
• Household and consumer products: the U.S. Consumer Product Safety Commission (CPSC) works under the Consumer Product Safety Act. It announces recalls and runs SaferProducts.gov, where anyone can report an unsafe product or search reports.
• Vehicles, tires and car seats: the National Highway Traffic Safety Administration (NHTSA) handles defects and recalls.

Sources: FDA MedWatch (opens in a new tab), CPSC recalls (opens in a new tab), NHTSA recalls (opens in a new tab)

Federal law can limit some claims

For certain products, federal law can cut off some state-law claims. The U.S. Supreme Court has limited some failure-to-warn claims against makers of generic drugs (PLIVA v. Mensing, 2011) and some claims about medical devices that went through the FDA's premarket approval process (Riegel v. Medtronic, 2008). Vaccine injuries covered by the National Vaccine Injury Compensation Program generally have to go through that program first. That's why the exact product name, the maker, and whether it was brand-name or generic all matter.

How mass torts and MDLs work

When many people file similar lawsuits in federal courts around the country, the Judicial Panel on Multidistrict Litigation (JPML) can send them to one judge for "coordinated or consolidated pretrial proceedings" under 28 U.S.C. § 1407. That process is called multidistrict litigation, or an MDL.

Sources: 28 U.S.C. § 1407 (opens in a new tab), Judicial Panel on Multidistrict Litigation (opens in a new tab)

• MDL
  3094

  GLP-1 receptor agonist medicines (MDL No. 3094, and MDL No. 3163)

  Lawsuits allege that GLP-1 receptor agonist medicines can cause gastroparesis and other gastrointestinal injuries. The court lists Ozempic, Wegovy and Rybelsus (made by Novo Nordisk) and Trulicity and Mounjaro (made by Eli Lilly and Company) among the products involved. The cases are centralized in the U.S. District Court for the Eastern District of Pennsylvania before Judge Karen S. Marston, who held a hearing on expert evidence for issues common to many cases in September 2026. According to the court, Novo Nordisk and Eli Lilly and Company deny these allegations. A second MDL before the same judge, No. 3163, created by the JPML in December 2025, involves claims about an eye condition called non-arteritic anterior ischemic optic neuropathy (NAION).

  Official sources: U.S. District Court, E.D. Pa., MDL 3094 (opens in a new tab) · JPML transfer order, MDL No. 3163 (opens in a new tab)

• MDL
  3140

  Depo-Provera injectable contraceptive (MDL No. 3140)

  The cases allege that the injectable contraceptive Depo-Provera, or its generic equivalents, can cause meningiomas, a type of brain tumor. According to the court, the defendants maintain that the medication is safe and effective. The JPML centralized the cases on February 7, 2025, in the U.S. District Court for the Northern District of Florida before Judge M. Casey Rodgers. Separately, the FDA-approved prescribing information for Depo-Provera CI was revised in December 2025 to add a warning section on meningioma.

  Official sources: U.S. District Court, N.D. Fla., MDL 3140 (opens in a new tab) · Depo-Provera CI label on DailyMed (opens in a new tab)

• MDL
  3060

  Chemical hair relaxers (MDL No. 3060)

  In its February 2023 transfer order, the JPML described allegations that hair relaxer products contain phthalates or other endocrine-disrupting chemicals, and that using them caused or increased the risk of uterine, ovarian or breast cancer, endometriosis, uterine fibroids or other injuries to the reproductive system. The cases are before Judge Mary M. Rowland in the U.S. District Court for the Northern District of Illinois.

  Official source: JPML transfer order, MDL No. 3060 (opens in a new tab)

• MDL
  3092

  Suboxone (buprenorphine/naloxone) film (MDL No. 3092)

  Plaintiffs allege that the makers knew, but failed to warn, that Suboxone film causes damage to teeth. The cases are before Judge J. Philip Calabrese in the U.S. District Court for the Northern District of Ohio. In January 2022, the FDA warned about dental problems reported with buprenorphine medicines that dissolve in the mouth and required a new warning on their labels. The FDA also said the benefits of these medicines clearly outweigh the risks, so talk with your prescriber before making any change.

  Official sources: U.S. District Court, N.D. Ohio, MDL 3092 (opens in a new tab) · FDA Drug Safety Communication, January 12, 2022 (opens in a new tab)

Court dockets change. The JPML publishes an updated list of pending MDLs each month: Pending MDLs (opens in a new tab).

• You were hurt while using a product the way it was meant to be used, or in a way the maker should have expected.
• The product has been recalled, or the FDA or CPSC has warned about the problem you had.
• A doctor connected your injury or illness to a medicine, device or product.
• The label or instructions didn't mention the problem you experienced.
• A medical device failed, broke, or had to be removed or replaced sooner than expected.
• Other people have reported the same problem with the same product.

None of these on its own means you have a case, and you might have one even if none of them fit. A lawyer can look at the facts.

1. 1

   Step 1: Get medical care, and tell your doctor about the product.

   Follow medical advice. Don't stop a prescribed medicine on your own.

2. 2

   Step 2: Keep the product.

   Don't throw it away, repair it or send it back. Store it somewhere safe with its packaging, labels, instructions and receipt. If a device is removed during surgery, ask the hospital in writing whether it can be preserved.

3. 3

   Step 3: Write down what happened while it's fresh.

   Include dates, how you used the product, your symptoms and who treated you.

4. 4

   Step 4: Take photos.

   Photograph the product, the label, any lot, model or serial number, and your injuries.

5. 5

   Step 5: Check for recalls and warnings.

   Search the FDA, CPSC and NHTSA recall pages, or Recalls.gov.

6. 6

   Step 6: Report the problem.

   Use FDA MedWatch for medicines and devices, or SaferProducts.gov for consumer products. Reports help regulators spot patterns. Reporting doesn't start a legal claim.

7. 7

   Step 7: Be careful with the company.

   If a maker or insurer asks you to sign a release or return the product, don't do either until you understand what you'd be giving up.

8. 8

   Step 8: Find out your deadline.

   It's set by your state, and it can be short.

• State law sets most product injury deadlines. Each state has its own statute of limitations, and the rules on when the clock starts differ. Some states also have a "statute of repose," which can end claims a set number of years after a product was first sold, no matter when the injury happened.
• An MDL doesn't stop the clock. Being similar to cases in an MDL doesn't extend your deadline.

COVID-19 vaccine claims go to a different federal program, the Countermeasures Injury Compensation Program.

Because deadlines can be short, it's worth finding out yours early. A licensed attorney in your state can tell you which one applies.

• You needed surgery, a hospital stay or ongoing treatment
• A device was removed or replaced, or the product is part of a recall or an MDL
• A company or insurer has asked you to sign something or return the product
• Someone died, and the family has questions
• You aren't sure what your state's deadline is

Many product injury lawyers work on a contingency fee, which means the fee comes out of any recovery and you don't pay a fee up front. Terms vary, so ask for the agreement in writing and read it before you sign.

• U.S. Food and Drug AdministrationFDA MedWatchReport a problem with a medicine or medical device.fda.gov (opens in a new tab)
• U.S. Food and Drug AdministrationFDA recalls, market withdrawals and safety alertsRecent FDA recalls and alerts.fda.gov (opens in a new tab)
• U.S. Food and Drug AdministrationFDA Drug Safety CommunicationsThe FDA's safety notices about specific medicines.fda.gov (opens in a new tab)
• Consumer Product Safety CommissionCPSC recallsSearch consumer product recalls and sign up for alerts.cpsc.gov (opens in a new tab)
• Consumer Product Safety CommissionSaferProducts.govReport an unsafe consumer product or search reports.saferproducts.gov (opens in a new tab)
• Federal recall portalRecalls.govOne place to search recalls from several federal agencies.recalls.gov (opens in a new tab)
• National Highway Traffic Safety AdministrationNHTSA recallsLook up vehicle, tire and car seat recalls.nhtsa.gov (opens in a new tab)
• Judicial Panel on Multidistrict LitigationJPML pending MDLsThe monthly list of pending multidistrict litigation.jpml.uscourts.gov (opens in a new tab)
• Health Resources and Services AdministrationHRSA vaccine injury compensationHow the National Vaccine Injury Compensation Program works.hrsa.gov (opens in a new tab)

More questions in the FAQ