Did a defective medical device cause your injury or illness? Did you suffer physical, emotional, or financial harm as a result? If so, DeMayo Law Offices, L.L.P. ® might be able to help you pursue compensation from the negligent party. You deserve to seek justice for the suffering you had to endure and the damages you incurred.
To improve or maintain your quality of life, a doctor might need to implant a medical device. While you may expect all medical devices to be of the highest quality and meet the highest safety standards, all too often people develop additional health problems when the medical device used for their procedure was improperly designed, tested, or manufactured.
There’s an entire industry of manufacturers using cutting edge technology to create new medical devices that could significantly improve patients’ quality of life. They could also help physicians diagnose disease, monitor their patients’ health, heal medical problems, and treat injuries.
We should be able to trust in these devices. Unfortunately, there are too many medical devices that aren’t rigorously tested or manufactured with the level of detail that’s required to produce a safe product. There are numerous defective products on the market that are actually harming patients by making their symptoms worse, or by creating new injuries.
If you’ve been harmed by a defective medical device, you don’t have to face the manufacturer on your own. At DeMayo Law Offices, L.L.P. ®, we have the resources and strategic skills to take on the deep-pocketed manufacturers to recover the compensation you deserve. Call us today at (877) 529-1222 to set up a free consultation to learn more about your case.
Defective Medical Device Cases We Handle
Medical devices are used in many different surgical procedures to correct many different problems. Some of the defective medical device claims the DeMayo Law Offices, L.L.P. ® have represented have involved defective medical devices including:
- Bair Hugger Warming Blanket
- Calaxo® Bone Screw and ACL Injuries
- Cypher Stent
- Hip Replacements
- IVC Filters
- Guidant Heart Defibrillator
- Transvaginal Mesh
According to the U.S. Food and Drug Administration, a medical device is an apparatus, implement, instrument, machine, implant, contrivance, in vitro reagent, or another similar article doctors use to:
- Prevent, diagnose, treat, or cure a disease; or
- Physically influence a person’s bodily structure or function.
What Is a Defective Medical Device?
When a medical device contains a defect, it either affects the entire product, or there’s a part that’s defective. The defect can occur during any part of the design, manufacturing, or testing phase. Just because a medical device is defective doesn’t necessarily mean someone will sustain an injury. If someone does get sick or hurt, however, they could file a lawsuit for compensation.
There are three types of defects a medical device might have that could lead to bodily harm:
- Design defect: The device has a poor design or didn’t undergo proper testing.
- Manufacturing defect: The design is satisfactory, but the error or dangerous aspect of the medical device was introduced during the manufacturing process.
- Marketing defect: There’s a problem with the warning or instructions included with the device. This includes an improper warning label or consumer instructions that are unclear.
You can base your case on one of the following legal aspects of a medical device defect:
There are four elements of negligence you’ll have to prove existed when you become ill or injured:
- The manufacturer owed you a duty of care;
- They breached their duty;
- Your injury was the direct result of their breach of duty; and
- You suffered damages.
Under strict liability, the manufacturer can be held liable for the injuries their product caused, regardless of the care they used in developing the product. You must prove that the defect and dangerous properties existed and show the damages they caused.
This refers to false or misleading information the manufacturer conveys to the user about their medical device. If you rely on the information they provide, it needs to be factual. Three forms of tortious misrepresentation include:
- The manufacturer knew that their statements about the medical device were false and misled the user.
- The manufacturer was negligent in confirming the truth about their statement.
- The manufacturer made an untrue public statement about their device.
A warranty is a guarantee about the quality of their product. If the manufacturer’s medical device doesn’t live up to the warranty, it could indicate a breach. Two types of warranties are:
- Express warranty
- Implied warranty
You May Be Entitled to Compensation for Your Damages
When a defective medical device injures you, the manufacturers of that product should be held responsible for your economic and non-economic losses. By filing a defective medical device claim, you may be able to recover compensation for many different types of losses, including:
- Medical costs
- Lost wages and lost future wages
- Future medical costs
- Pain and suffering
- Permanent disability
- Emotional or psychological trauma
- Permanent disfigurement
- Loss of household services, companionship, or affection
When you file your claim, the insurance adjuster will review all the factors related to your injury to determine how much compensation you deserve. The more severe your injury, the more likely you’ll win a higher financial award. If you suffered a minor injury that only required a couple of months of treatment, you probably won’t receive a significant settlement.
Factors that could result in a large settlement:
- Severe injury, such as loss of limb, traumatic brain injury, or cancer
- Negative impact on your daily life
- Long duration of necessary medical treatment
- Treatment by M.D. providers, such as a neurologist or orthopedist
- Require surgical procedure to treat your injury
- Availability of sufficient evidence, such as comprehensive medical records and bills
- Eyewitness statements from people who saw the effects of your injury
- Documentation that you used the medical device
- No preexisting injury or medical condition that could cause your injury
- High liability insurance coverage
Factors that could result in a low settlement:
- Treatment from non-M.D. providers, such as a physician’s assistant or chiropractor
- Minor injury, such as a bruise or muscle strain
- Injury doesn’t affect your quality of life, job, or daily routine
- Don’t need surgery or invasive medical procedure to recover
- Short healing period
- Lack of necessary evidence proving the medical device caused your injury
- A preexisting injury or medical condition
- No liability insurance or small coverage
Why You Need an Experienced Attorney to Help You
A defective medical device claim can be very difficult to handle without the aid of an experienced defective medical device lawyer. Your defective medical device claim can hold a few different parties liable for your losses, including:
- Medical Device Manufacturer
- Pharmacy or Medical Device Supplier
- Surgeon who Implanted the Device
The North Carolina defective medical device lawyers from DeMayo Law Offices, L.L.P. ® understand the steps we need to take to ensure you receive the maximum compensation available. When you hire us, we’ll take care of each step of the process so you can focus on your recovery. For example, we’ll:
- Perform a complete investigation into the defective medical device and how it caused your injury
- Obtain relevant evidence that proves your injury was the result of your defective medical device
- File an insurance claim on your behalf
- Locate witnesses and get their statements
- Speak to experts about the specific medical device and how the defect could hurt someone
- Submit necessary documentation to the insurance company
- Negotiate a full and fair settlement
Pursuing a defective medical device case alone can be challenging. Collecting evidence is time-consuming, and building a strong case is a complicated process. When you’re injured and feeling the financial burden of paying for your treatment, the last thing you want to do is deal with an intimidating insurance company. DeMayo Law Offices, L.L.P. ® will ensure we don’t overlook anything, and every aspect of your case gets handled accurately and promptly. You can depend on us to work hard to protect your rights.
Contact DeMayo Law Offices, L.L.P. ®
A defective medical product can cause devastating injuries. It can upend your entire life and cost you thousands of dollars in expenses while you’re trying to recover. It’s an overwhelming experience that no one should face alone. Our North Carolina defective medical device lawyers will be by your side the entire time to provide emotional support and legal advice. We’ll guide you through the process and help you get through this difficult situation.
At DeMayo Law Offices, L.L.P. ®, we have been able to build an excellent reputation within our community. We serve victims of defective medical devices throughout North Carolina. Our legal team is available 24/7, so you never have to wait long for a callback. We have three conveniently located offices in Charlotte, Hickory, and Monroe.
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