Defect design

D Defect Widely defined product design defect, manufacturing error (so that the... 

Before the incident, the facility had experienced a power failure that led to the shutdown of an olefins unit. For several hours, a restart had been attempted and the compressor had tripped on high vibration at low speed. This caused the check valve to close, which placed additional stresses on the valve shaft. Failure to execute a smooth planned start-up was a key contributor to the timing of this incident. However, given the design defects inherent in the valve, an ultimate failure was inevitable. 

Interferon The occurrence of AIH during the treatment of chronic hepatitis B with interferon has already been described (13), as have manifestations and new episodes of inflammation caused by interferon in patients with AIH and chronic hepatitis C. (32, 66, 78) The indication for interferon therapy has to be considered with caution in cases of chronic viral hepatitis with concurrent AIH or autoimmune cholangitis it should also be monitored with great care. In replicative chronic hepatitis B, B/D or C, the chronic viral hepatitis constitutes the major factor - whereas AIH is seen as a concomitant phenomenon. Immunosuppressive therapy is not indicated. In addition, as recent studies show, there are also differences within the HCV infection itself for example, 90% of HCV carriers in Japan and 20% of those in the USA and Germany are at the same time HGV carriers (GB-C). The GB-C and HGV hepatitis viruses are designated defective because they require completion by the helper virus HCV. (s. p. 450)... 

Design defects involve a product where all similar items manufactured by the defendant are the same, and they all bear a feature whose design is... 

Realizing the difficulties in establishing the elements of a design defect case against Distillers Co., the thalidomide plaintiffs pled in the alternative that Distillers Co. had negligently breached a duty of care it owed to all potential consumers of the dmg, including the then unborn plaintiffs. This... 

Since the early 1980s, thousands of pharmaceutical product liability cases have been brought against the manufacturers of DES. These plaintiffs had a stronger strict liability design defect claim than those for thalidomide because DES, marketed to prevent miscarriages, had no demonstrable... 

Despite the best efforts made to prevent them, failures do occur. These can be due to poor design, defective materials, faulty construction, or many other reasons. Catastrophic failures, such as the collapse of a structure, can be readily recognized. The reasons for such failures may be difficult to ferret... 

The compensation mechanism is nonexclusive in that claimants may choose to pursue remedies through the courts rather than accepting an award through the no-fault process. However, if a claimant sues, the law tries to protect manufacturers from claims of design defect if they have complied with all relevant FDA regulations in establishing a drug s safety and efficacy. 

Article 7 protects the manufacturer from liability if (1) the defect arose when the product was in commercial distribution (2) the defect is due to compliance with mandatory governmental standards (a defense not available under US law) (3) the state-of-the-art at the time of manufacturing did not enable the existence of the defect to be discovered and (4) if a component, the defect is a design defect and not attributable to the component. 

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