Just because a medical device is promoted by your doctor or a flashy ad campaign doesn’t mean it is safe. The companies that manufacture these products occasionally put them on the market even when the risks are obvious. These manufacturers also don’t always warn consumers of the danger involved in using these products.
When medical devices are promoted to doctors and patients despite known risks, consumers may suffer serious injuries that can change their lives. Have you been harmed by a defective medical device? Exercise your rights and protect other consumers from the same fate by consulting with an experienced medical devices attorney today.
You’ll want a top-notch attorney on your side, as many medical device manufacturers are large corporations which will try to bury the case to avoid publicity. You’ll have the best chance for recovery when you hire a qualified personal injury lawyer who can protect your interests when you’ve been harmed by a defective medical product or device.
DO I HAVE A MEDICAL DEVICE CLAIM?
Not all medical devices are faulty, of course. In many cases, they are life-saving. But, if a medical device is defective, it can put a patient at serious risk. That’s because many are implanted surgically; if they are found to not work properly or to cause harm, additional surgeries may be necessary – and both the device and the procedure can cause critical injury.
Nothing is more devastating to a patient than to find out that a medical device they thought would help them instead causes harm. Medical bills pile up as the need for additional surgeries and tests become apparent. Some of these injuries will require care for a very long time. If you are suffering from injury or illness as a result of a faulty medical device, you have rights and our qualified personal injury attorneys want to protect them.
Some medical devices claims that we have handled include:
- Artificial hip implants, such as DePuy ASR hip implants
- Artificial knee implants, including Zimmer NexGen knee implants
- Cardiac devices and implants including pacemakers, stents, heart valves and defibrillators.
- Dental implants, such as tooth fillings
- Surgical eye devices
- Contact lenses
- Respiratory aids, such as inhalers and ventilators
- Breast implants
- Artificial discs in the spine and neck
- Hernia repairs
- Surgical mesh, including transvaginal mesh
- Skin grafts
PREVENTING MEDICAL DEVICE INJURY
Before you agree to your doctor’s recommendation for a medical device, ask about the risks. What are the possible side effects? Could having a medical device implanted negatively impact your health in other ways?
Even outside of your physician’s office, you can do the research on your own. Find out what other consumers have to say about the device and whether or not it has been the target of lawsuits or recalls before. More than 100 medical devices, including artificial spinal replacements and heart implants, have been recalled over the past decade because of their potential for harm.
Make sure to educate yourself by reading the fine print. Remember that even medical devices that have been approved by the Food and Drug Administration may not be entirely safe, especially for patients with pre-existing medical conditions or complications.
If you did everything you could but have still been harmed by a medical device, don’t hesitate to hire a personal injury lawyer who isn’t afraid to hold the manufacturer accountable. These giant corporations can’t get away with hurting their consumers, and other patients deserve to know that these products are dangerous before they get hoodwinked.
An experienced medical devices attorney will know how to get your case taken seriously. Because of the potential for negative media attention and publicity, major corporations often wish to settle before a medical device claim hits the courtroom stage. Even if your case isn’t settled before then, you can feel confident when you choose an experienced personal injury that you will be well-represented should a jury trial become necessary.
Medical device manufacturers must perform adequate research and testing, as well as properly warn consumers of the potential risks when they put their products on the market. Unfortunately, this doesn’t always occur. That’s why the law allows victims of defective medical devices to pursue claims that give them recovery for the devastating injuries that can occur.
Some of the damages that may be options in your medical device injury claim could include:
- Medical bills: Medical devices usually require surgery to be implanted. If they are faulty, neither the patient nor his or her doctor will know for some time. Symptoms and pain may emerge over time, and if the medical device is found to be the culprit, the patient will have to go back under the knife, in many cases. Removing a faulty medical device with an operation is called “revision” surgery – and it is expensive. In addition, even before the medical device is removed, the patient may need diagnostic tests and medical care. All of these costs add up and can be devastating for patients who are already suffering from a defective medical device. Even if the device is successfully removed, the patient is in the same position as before: in need of a better device. Personal injury law allows victims to recover medical bills and expenses that were caused by negligent medical device manufacturers. There also may be the potential for earning a settlement that anticipates future medical costs.
- Lost wages: Preparing for and recovering from surgery requires patients to take time off work. Even if medical leave or sick days cover your absence, you are still legally entitled to the wages you lost out on when you undergo surgery to remove a faulty medical device. For some, the amount of income they will miss could put them in dire financial straits. You may be owed compensation for lost wages if your treatment hindered your ability to earn your normal pay.
- Lost earning potential: Some injuries caused by medical devices are so devastating that a patient may not be able to earn a living or to continue with their chosen profession. In such cases, the law clearly allows victims to be compensated for lost earning potential or capacity over time.
- Pain and suffering: Medical devices don’t just do physical damage – they can also cause emotional damage. Your pain and suffering should be compensated. If dealing with a faulty medical device has caused you mental anguish, your personal injury lawyer can fight for your right to emotional damages.
While hundreds of medical devices have been recalled, plenty are still available on the market that have the potential to cause significant harm. Some are inherently dangerous; others lack sufficient warnings to consumers about the possible side effects. Many patients who turn to medical devices for help are already suffering, which makes a faulty medical product all the more devastating.
As your medical device attorney, we will give your case all of the attention it needs and deserves. We do not believe in letting major medical device companies get away scot-free. When products are brought to market that cause harm or don’t carry adequate warnings so consumers can make an informed choice, an experienced medical device attorney understands that action must be taken. S/he can help you pursue your claim – and in doing so, shield other patients from suffering similar harm.