Medical devices can save your life or improve its quality, but they can also cause illness, pain, injury, and even death when they’re defective. No patient should endure the risk of surgery only to discover that an implanted device is harming them rather than providing the medical benefit intended.
There are different approaches we can take, depending on state law, in pursuit of financial recovery for your injuries and losses in a products liability action.
Strict liability claims allow you to receive damages without the requirement of proof of negligence on the part of the defendant. Strict liability laws vary by state, but in principle, they allow you to obtain compensation by showing that your injuries were caused by a defective product that was manufactured or sold by the defendant.
Negligence claims are based on the premise that the defendant owed a duty of care to those who were going to make use of their product. In the case of defective medical devices — especially those that get implanted into the body of the patient — the manufacturer’s negligence could stem from:
- Faulty research and design
- Insufficient product testing
- Faulty manufacturing practices
- Failure to issue a warning to discontinue use of the product when the dangers first became apparent
- Failure to recall the product
As soon as a medical device has been found to cause problems or show defects, the manufacturer is required to notify the FDA and warn the public about the defect and the problems it has caused. Failure to notify the FDA about the known defect is considered an act of negligence and makes the manufacturer liable for any illness, injury or death that occurs as a result of the failure of the device.
Your defective medical device claim could include compensation for the various losses you have suffered including:
- Current and future medical expenses
- Lost wages
- Pain and suffering
- Diminished future earnings
- Permanent disabilities
Whether you’ve been injured by a defective knee implant or any other defective medical device, we will work to get you the compensation that fully addresses the harm you’ve suffered.