Medical devices have truly revolutionized healthcare around the world, making it possible for many to live longer, better quality lives. Unfortunately, each year a large number of dangerous medical devices prove faulty and defective, thereby causing substantial harm, and even death to the patient.
A person who has suffered injury often does have legal recourse, and in some cases may even be able to join a class action lawsuit against a manufacturer, although this is not always the most financially advantageous means of obtaining compensation. It is important for anyone whose health has been damaged by a defective medical product to seek legal representation.
Call our defective medical device lawyers today if you or a loved one was injured or killed by a defective medical device. You may be entitled to a financial recovery. You can also talk with our live chat or complete the case evaluation form on the right.
List Of Current Medical Device Recalls & Defect Lawsuits:
- Breast Implants
- Cartiva Implant Lawsuit
- CPAP Injury & Recall
- CPAP And BiPAP Mask Recall
- Hernia Mesh
- IVC Filter Lawsuit
- Medtronic HawkOne And TurboHawk Plus
- Medtronic Pipeline Flex
- Paragard IUD
- Penumbra JET 7 Catheter
- Stryker STAR Ankle Replacement
How Do I Make a Claim for a Recalled or Defective Medical Device?
Defective medical device claims are complex, and may involve multiple defendants. In order to prove a claim, the injury victim will need to show that injury did occur, that the dangerous medical device in question is flawed in design, manufacture or marketing, and that this defect directly led to the injuries. Our defective medical device attorneys offer a free, confidential consultation.
It is important for anyone seeking legal remedy in such a case to work with a highly skilled and knowledgeable personal injury attorney who will fight aggressively on his/her behalf. Nadrich & Cohen have successfully represented clients who have been injured by medical device defects for decades.
If you or a family member was injured or killed due to a medical device defect, contact a defective medical device attorney at our law office now by calling us today, texting us from this page or completing the form on this page. Keep in mind, there are strict time limitations in which to file a defective medical device lawsuit. Therefore, don’t delay. Contact us today for a free, confidential consultation.
Compensation For Defective Medical Device Injuries
If you have been injured by a defective medical device, you may be eligible for financial compensation for:
- Medical bills: You may qualify for financial compensation for any medical bills you have already incurred due to any injuries caused by a medical device, as well as any medical bills you can be expected to incur in the future due to your injuries.
- Lost wages: If you have missed time from work due to an injury caused by a medical device, you may qualify for financial compensation for the wages you were unable to earn.
- Loss of earning capacity: If you have been left unable to do your job or any job because of an injury caused by a medical device, you may be entitled to compensation for any reduction or loss of your earning capacity.
- Pain and suffering: Injuries caused by medical devices can be painful and emotionally damaging, and you may be eligible for compensation for any physical pain and mental suffering you have experienced.
- Wrongful death: Defective medical devices sometimes cause deaths. If you have lost a loved one to a medical device injury, you may qualify for compensation for funeral and burial expenses, the loss of your loved one’s income, the lost of your loved one’s companionship and love, your loved one’s income, your loved one’s medical bills, your loved one’s pain and suffering and more.
How Do I Know If My Defective Device Has Been Recalled?
While anyone who uses a medical device should know about what is happening regarding dangerous medical products, a lot of consumers are unaware of faulty medical device recalls. You don’t need to be unaware, and you can educate yourself about recalls of defective medical products by checking:
- Product manufacturers’ websites
You may also ask your doctor if your medical device is considered to be defective and has been the subject of a recall.
If you have suffered due to a faulty device, call an experienced defective medical device lawyer at Nadrich & Cohen today to talk about your legal options and any compensation you may be entitled to under a product liability claim.
When devices are known to be faulty but haven’t been recalled yet, those injured by the devices are still eligible to seek compensation through product liability claims.
Cases like these can be settled when it can be demonstrated that the product was defective and that the defect caused harm. Calling our defective medical device law firm can help you navigate the process of proving that a manufacturer is liable for your damages.
Definition and Classes of Medical Devices
The term “medical device” refers to various devices that are meant to do one of the following:
- To diagnose a medical condition
- To treat or cure a medical condition
- To prevent a medical condition
- To correct a function of the body that is not working properly for its intended purpose
- To prevent a function of the body from its purpose, such as with contraceptives
These can include machines, instruments, in vitro reagents, and other devices as defined under the Food, Drug and Cosmetic Act. Among these are defibrillators, stents, implants, and contraceptives.
The Food and Drug Administration classifies medical devices as follows:
- Class One. The potential for risk is lowest with these, with minimal chance of the patient suffering harm if they fail.
- Class Two. These devices carry a greater risk of harm to the patient should they become or prove defective. These are often released with a 510(k) application.
- Class Three. Devices in this class pose the greatest risk of injury. Serious injury or death is typical. The FDA usually requires Pre-Market Approval (PMA) with these.
FDA Regulation of Medical Devices
FDA regulations appear to be stringent, often requiring extensive clinical testing and evaluation, and no small amount of research before a product is approved for release in the U.S. to be used on humans or animals. Unfortunately, this is not enough, for every year a great number of individuals suffer medical complications due to defective medical devices. One problem is that, given a large number of applications for FDA approval every year, there is a substantial backlog, and a medical device manufacturer will often have to wait years for approval.
As a result, medical device manufacturers have sought ways to circumvent the system of approval. Section 510(k) of the Food, Drug and Cosmetic Act establishes substantial requirements for registration and notification of an intention to release a new product. Many new devices, however, are being released under a provision which eases the process of approval if the said component is “substantially equivalent” to one that has already been approved and marketed. The results are alarming: 1% of Class 3 devices were recalled during the years 2005-2009 for safety issues. Indeed, the transvaginal mesh was approved through this process and has proven to cause serious health issues in women.
How To Report Medical Device Failures
The FDA has also set up a database, MAUDE (Manufacturer and User Facility Device Experience) which reflects information reported about defective medical device failures. Every year reports of malfunctions, deaths and serious injuries believed to be linked to defective medical equipment are reported through MAUDE. However, this database is far from accurate and therefore is of little help. Problems associated with MAUDE include:
- There is no way to verify reports.
- The accuracy of reports cannot be ascertained.
- The failure of devices might be substantially underreported.
- It is difficult to verify a cause and effect link between the device and reported the result.
- Searches of the system only yield information based on search terms used and therefore are not comprehensive.
How Can It Be Proven That A Medical Device Is Defective?
To establish a successful defective medical device claim, you need to demonstrate a product was sold or manufactured unsafely. The product might have had better performance when it first left the hands of the manufacturer.
Products can also have warning defects when defendants know their products are defective when they’re sold but fail to warn about it. For example, you may have had a hernia repair operation involving a hernia mesh, and your mesh may have tore after just a couple of years. In this case, if you weren’t warned about any tearing risk, you’d have grounds for a lawsuit over failure to warn.
Similarly, you may have used a CPAP device which was found to cause users to inhale toxic substances, and you may have grounds to sue the CPAP device manufacturer for selling a product that is unsafe.
Plaintiffs must also demonstrate that a defective product caused an injury or death. This requires that the plaintiff prove that injury or death wouldn’t have occurred in the absence of the defective medical device. You won’t be able to recover any damages from the device manufacturer if your injury wasn’t caused by your device.
Plaintiffs may use numerous forms of evidence in order to support cases, such as:
- Consumer complaints
- Testimony from experts
- Patient testimony
- Product literature
- Evidence a product was tested prior to being sold
- Records demonstrating the number of times the product was recalled
- Documentation that similar products have suffered from similar problems
- Documents demonstrating a manufacturer knew about a defect before selling a product
- Industry standards analysis
- Product design analysis
- Medical expenses related to an injury caused by the device
- Comparisons between the defective product and competing products
Why Should I File A Defective Medical Device Lawsuit?
People dealing with serious injuries or illnesses can be kept healthy and safe by medical devices. However, medical devices can sometimes be extremely dangerous if they are defective.
A defective medical device can:
- Make existing conditions worse
- Create additional complications regarding your health
- Cause death or permanent disability
If you’ve been harmed by a medical device, you may not be at fault. Manufacturers are duty-bound to make sure their products don’t have defects. When manufacturers fail in this duty, an innocent person like yourself can be harmed by their errors. You may even be left needing to pay for medical bills due to the injuries they caused.
The only way to hold device manufacturers accountable is to take legal action against them. Filing a medical device lawsuit might let you obtain financial compensation from a device manufacturer which can assist you in covering medical treatment expenses.
How We Can Help You
Nadrich & Cohen can aggressively represent you and assist you with asserting your legal rights after being injured by a medical device with a defect. We can thoroughly investigate your case, and we work with experienced medical researchers to keep updated about the most precise, newest information. We can provide you with battle-tested advocacy in order to assist you in holding negligent medical device manufacturers responsible for your injuries.
We have developed a reputation as a law firm who fights tenaciously on behalf of our clients. The makers of medical devices know about our reputation for success, and because of this, most of our cases settle out of court, since manufacturers know that taking us on in court is a waste of their money and time. No matter if we need to negotiate tenaciously or provide convincing arguments in court, we will do whatever is necessary to protect our clients’ interests and assist them in recovering full, fair compensation for their injuries.
California Medical Device Recall Attorneys
An experienced medical device attorney at Nadrich & Cohen can help you obtain financial compensation from medical device companies for your injuries, pain and suffering, medical bills, defective medical device removal and more. Call us today for a free consultation.
We have been handling defective medical device cases since 1990. We have recovered over $350,000,000 on behalf of our clients, including $3,000,000 on behalf of a man who developed a virus infection after a surgery involving a heater-cooler device.
Our no fee promise means that we don’t charge a fee if we don’t obtain a recovery. Our services are free unless we obtain financial compensation for you. Our only fee is a small percentage of any recovery we obtain for you.