Defective Medical Devices
Medical devices should protect our health, but sometimes the equipment we rely on can do more harm than good. Although most medical devices meet high standards and improve our lives, some of them can cause serious life-threatening conditions. When you’ve been harmed by a medical device that is defective in design, manufacture, or in any other aspect, you may be entitled to compensation for your injuries.
At Harford P.C., we are proud to represent people injured by defective and dangerous medical devices. We understand what you’re going through and we’re here to help. Mr. Harford personally handles every defective medical device case, and we’ll work with you to build the strongest possible claim for your recovery.
We’ll never send you a bill that you need to pay out of pocket, and we’ll only collect expenses and fees if we win or settle. If you’ve been injured by a defective medical device, contact us today by phone or online. We offer a free initial consultation about your case.
“We were happy to find out Scott has his own business. When he represented us we enjoyed working with him. He was always available to talk and was friendly, almost like family. He did a great job for us and we wish him the best.”– Patricia and William Buis, Webster, New York
Who Can Be Held Responsible for Dangerous Medical Devices
There are many parties involved in the design, production, and use of medical devices. Any of them may be responsible for the device’s failure. Defective medical device claims require careful investigation to get to the bottom of how the device failed and who was responsible for the failure.
When we’re investigating a defective medical device claim, we look at:
- Manufacturers and designers of the medical device. During the investigation of a medical device, we may look at any medical device recalls, the design of the device, and the role of the designers in the failure. If the device was faulty from the beginning, then the designers may be responsible. We’ll also look at the manufacturers of the device and their processes for producing it. When they fail to manufacture the device according to regulations or medical standards, they may be responsible for the device’s failure.
- Organizations that test the device. Nearly all medical devices must be tested to ensure they meet legal and safety standards. Manufacturers and designers often rely on independent labs to test their products and report on the safety of the devices. If these labs fail in their duties and don’t catch underlying problems, they may be responsible for your injuries.
- Hospitals, doctors, and healthcare organizations. Hospitals and doctors must protect the health of their patients and let them know any known risks with the device. If a hospital or healthcare provider fails to inform you about the risks of the product, or they fail to store and maintain the device as needed, they may be held responsible.
- Suppliers, distributors, and retailers. As part of the supply chain, those who sell medical devices have duties to protect you from harm. However, there are times when suppliers and retailers put their profits ahead of your health. When a supplier or retailer sells you a defective product or fails to inform you about risks related to the product, they may have breached their duties.
These and other parties may be responsible for the defective medical device that injured you. If you’re unsure of who may be responsible for your injuries, contact a medical device lawyer today. A lawyer can review the facts of your case, discuss your options for recovery, and advise you on your next steps.
Compensation for Your Injuries Due to a Defective Medical Device
When you’re injured by a defective medical device, you may be eligible for several different types of compensation. Although every case is unique, and recovery will depend on the facts of your case, there are some common forms of compensation, including:
- The cost of your past and future medical treatment related to your injuries. When you’re injured by a defective medical device, you may have substantial medical bills as a result. You may also be facing future treatment, therapy, and rehabilitation. A defective medical device claim may include the cost of any medical treatment related to your injuries.
- Lost wages and future earnings. After you’re injured, you may lose work and income that is essential to you and your family. Injury victims may be facing a long road to recovery while losing their ability to earn income. Injuries may also impact your future earning potential by limiting your ability to do certain types of work. A defective medical device claim may include compensation for the income you’ve lost and the damage your injuries have done to your future earning potential.
- Pain and suffering damages. Defective medical device injuries can lead to lasting harm, and when they do, you may be able to obtain compensation. Lingering physical pain and mental anguish can disrupt your sleep, your health, and prevent you from leading the life you want. If you’ve suffered lasting pain and suffering due to your injuries, a medical device lawyer can review the facts of your case and help you build a claim for the compensation you need.
- Punitive damages. In cases where the responsible parties acted extraordinarily badly, a court may impose punitive damages. These damages are used to punish those who have done wrong and send a message to others. However, these damages can be difficult to obtain, so speak with a lawyer to understand if they may be available in your situation.
These and other forms of compensation may be available in your case. If you have questions about your recovery, contact a medical device lawyer today.
How Our Firm Can Help Victims of Defective Medical Devices
When you’ve been injured by a defective medical device, pursuing compensation can seem overwhelming. A medical device lawyer can advise you, investigate your incident, and build the strongest case possible for your compensation.
Some of the ways that our firm can help include:
- Our firm will investigate the device and the decisions that healthcare professionals made about it. We’ll review any recalls of the device, and we’ll review its design and manufacture to look for any problems. We’ll also review medical records and the decisions of your healthcare providers to understand what happened and why you were given the device.
- We’ll review any government approvals or medical device recalls of the defective device. Although there are rules surrounding the approval of medical devices, it’s still possible for defective devices to be approved by the government. We can review any applications for device approval, testing data, and help determine if the device may be defective.
- We’ll search for other cases that are similar to yours and see if there is a pattern of problems with the device. Like any product, it is possible to have a single bad device that causes problems. However, your device may be only one of many defective devices.
- We can build your claim and take it from start to finish. It can take a huge amount of time to investigate and build a claim for compensation. You’ll need to show the problems with the device, show the responsibility of the at-fault parties, and back up your claim with strong evidence. When you’re injured, concentrate on your recovery and leave your claim to us.
- We can handle any discussions or negotiations with those at fault. Medical device settlement negotiations can be complex, so it’s important to have an experienced and knowledgeable medical device lawyer on your side throughout the process. Our firm knows how insurers operate, and we can advocate for you and the recovery you deserve.
- If your case needs to go to court, we can help. Most medical device claims can be settled, but in a few cases, your claim may need to go before a judge. If it does, we can handle trial preparation, legal strategy, and all aspects of your case. When your case is going to court, it’s important to have a knowledgeable and experienced medical device lawyer in your corner.
At Harford P.C., we’re here to help you find compensation after an injury. We handle a wide range of defective medical device cases, and we’re focused on helping injury victims find the compensation that they deserve.
Defective Medical Device Cases Our Firm Has Handled
People turn to medical devices to help them heal, but these devices sometimes cause harm instead. They may be defective in design or manufacture, or they may have been implanted or used incorrectly. Regardless of the cause, the results can harm you.
At Harford P.C., we understand how seriously a defective medical device can harm you. Our firm is ready to handle a wide range of defective medical device cases, including:
- Essure/Fallopian Tube Implant. Essure and other fallopian tube implants are a type of permanent birth control used by women across the country. Although patients may appreciate the convenience and effectiveness of the product, it can lead to harmful side-effects including scarring, unplanned pregnancy, migration of the device, miscarriages, and many other serious problems.
- Inferior Vena Cava (IVC) Filters. IVC filters are medical devices that are intended to prevent the formation of blood clots in patients’ veins. Unfortunately, these devices may lead to their own life-threatening problems. The devices may break apart, causing perforations, or they may migrate to another location, meaning that the device is no longer effective.
- Metal-on-Metal Hip Implants. Metal-on-metal hip replacements are known to cause many serious side effects. The Food and Drug Administration (FDA) has provided warnings about many of these products and has noted that the metal-on-metal design may result in a wide range of problems. These replacement hips, instead of relieving pain, may result in lasting harm to patients. Side effects include pain, numbness, metal toxicity, neurological problems, and disruptions of many major bodily systems.
- Power Morcellators. Power morcellators are tools that doctors use to break up large chunks of tissue prior to their removal. Surgeons frequently use these tools in operations where they don’t want to make a large incision. In theory, the tool allows for minimally invasive surgeries that cause fewer problems for patients. Unfortunately, the reality is that these tools shred tissue, and when that tissue is cancerous, the tool may spread the cancer throughout the patient’s body.
- Transvaginal Mesh (TVM). TVM is a type of support for internal organs. This mesh should keep organs in place and supported during the patient’s daily activities. Unfortunately, some types of TVM may break apart over time. The mesh may puncture surrounding tissues and organs, lead to infection, and cause life-threatening injuries to patients.
- Zimmer Persona® Knee Replacement. Zimmer Persona is a line of replacement knees used in thousands of surgeries. These replacement knees may loosen, requiring further surgery and complications for patients. This line has been subject to voluntary and FDA recalls due to the problems they can cause.
Our firm handles these and other defective medical device cases. If you have a question about your situation, or are unsure how to proceed with your claim, we offer a free consultation about your case. We’re dedicated to helping the victims of defective medical devices, and we’re available to help you.
Helping Those Harmed By Defective Medical Devices
Defective medical devices can lead to lasting harm for victims and their families. At Harford P.C., we understand what you’re going through and how overwhelming your injuries can feel. We’re proud to assist defective medical device injury victims, and we work tirelessly to help our clients find the compensation they deserve.
Our firm can handle every aspect of your case, and we can take it from start to finish. At Harford P.C., we’ll never send you a bill that you need to pay out of pocket, and we’ll only collect expenses and fees if we win or settle. If you’ve been injured by a defective medical device, contact us today by phone or online for a free initial consultation.