We recently posted a general overview of failure to warn cases, https://www.videntpartners.com/blog/2024/product-liability-%E2%80%93-failure-warn. That post concluded as follows: “These cases often involve complex medical and scientific concepts, so working with experienced experts is essential. Vident Partners has safety experts (which includes failure to warn) in a wide variety of fields.”
A failure to warn case is a type of product liability lawsuit in which the plaintiff claims that a manufacturer, distributor, or seller failed to provide adequate warnings or instructions about the safe use of the product. Failure to warn is a marketing defect, not a product defect.