facing a class action lawsuit on the same topic, it is quite hard to understand the argument put forth by Talisman. Talisman argued that their company didn’t violate any laws, even though the FDA had determined that Talisman products were dangerous and required a warning label.
Talisman also made a point of saying that they are a pioneer company in the industry. The idea that a company as new as Talisman should be exempted from being
accountable
for any wrong doing is really quite laughable. Even if you don’t think the “pre-complaint” setting that Talisman set up was right, it’s easy to see how they could argue that they are not liable. Talisman is an innovative and ambitious company that want to show off the fruits of their labor to its customers, and the more avenues it can take to do that, the better.
Talisman states that its lawyer used a pre-complaint proposal, so they are not liable for anything related to a decade-old complaint. But that proposal was based upon the time the complaint was filed, so there was no way that Talisman could avoid actually committing a violation. The FDA has a strict time frame for when a product can be considered a violation of its regulations, and Talisman’s warning label could have been in place even longer.
Talisman and Son are also responsible for making sure that its products meet all FDA regulations, which includes a lot of back and forth with the company that produces the product. Talisman and Son failed to make sure that its products met all the federal regulations that are mandated by the FDA, and the company could be forced to pay large fines or even go out of business if they’re found to be directly responsible for injuries due to its product.
Talisman & Son Inc. and Talisman Casualty Lawsuit also make a point of pointing out that Talisman’s products are safe.The fact that Talisman Casualty Insurance Company their products are “safe” is not proof that they are safe. The products they sell are not tested for safety, so if you buy them, you could be putting yourself at risk.
A good lawsuit doesn’t allow for any exemption for a company. There have been many arguments about how much fault the FDA can take, but we’re talking about the government that sets these regulations and made these products into what they are.
The FDA has decided that this company is responsible for the injuries suffered by a number of people, but Talisman & Son are appealing. They don’t really have much of a defense at this point, and the decision may actually be in favor of the plaintiff. The only person who could possibly argue against the lawsuit is Talisman itself, which has gone out of business in the past and never manufactured these products.
Hopefully the courts will see the case for what it is: an abuse of the legal system by Talisman. It’s just a sad reflection on the FDA’s regulations that they allow this type of thing to happen. Even if the claim of negligence is upheld, Talisman and Company may still have to pay billions of dollars in damages to the victims of their product