Medical devices play a crucial role in helping doctors to diagnose and treat patients so they can overcome illnesses or improve their quality of life. New medical devices are introduced and marketed every year, and people trust they will be helpful and safe. Even with the approval of the U.S. Food and Drug Administration (FDA), however, some devices are defective and cause immediate problems or can fail down the road, doing more harm than good. This can result in pain, complications, corrective surgery, or even death.
If you or someone you love has experienced serious complications from a medical device, you do have rights. You may have a claim against the product manufacturer or others, and you should seek legal help immediately. The defective medical device lawyers at DeMayo Law Offices, L.L.P., are committed professionals who know how to hold these corporations responsible and recover compensation for our Hickory clients.
Call our office today at (828) 345-1111 for a free consultation to discuss your situation and see if we may be able to help you.
Why You Should Have a Defective Medical Devices Lawyer
If you have been suffering from a defective medical device injury, it may seem overwhelming to pursue restitution. This type of claim is complicated and multifaceted, often involving the interpretation of medical documents and concepts, and it means taking on a formidable corporation and its vast resources. There is no reason for you to act alone in proving a medical product harmed you. A trained and experienced lawyer will be your advocate and do the work of filing your claim and taking legal action.
When you hire DeMayo Law Offices, L.L.P., an attorney will handle all of the communication with the medical device company and its insurance representatives and defense attorneys. You won’t have to navigate challenging and confusing conversations with insurance agents who will try to diminish your claim or convince you to take a lower settlement than you deserve.
A seasoned attorney from DeMayo Law Offices, L.L.P., will work skillfully to secure the best possible outcome for your case and also to take the pressure off you, so you can concentrate on your recovery. Our legal team understands the physical and emotional trauma you are going through, and we will put forth our best effort to recover compensation for you, so you can get on with your life.
How Medical Devices Become Defective and Who Can Be Held Responsible
Medical devices and their components are strictly tested and required to meet certain standards during each phase of development. Even with these safeguards in place, flaws still occur, and those responsible are not insulated from a lawsuit. If a medical device causes injury, it may be defective.
These are the phases in which a product has the potential to become defective:
- Design phase: Problems can occur in the design stage of a product, meaning the product was dangerous in its design, or it was unsafe for its intended uses.
- Manufacturing phase: Flaws can be introduced during the manufacturing phase as a result of human error, faulty machinery, or damaged components within the device.
- Marketing phase: During the sales and marketing phase, there can be a failure to provide medical professionals with adequate instruction for use or warnings about any potential risks or side effects the product may have.
Defective medical device claims will often be brought against the manufacturer of the product, but there are other potentially liable parties, which may include:
- Testing laboratories
- Sales representatives and retailers
- Medical facilities
A skilled attorney will investigate your case to identify the liable parties, in order to hold them accountable for your injuries.
Defective Medical Device Cases We Are Pursuing
The FDA monitors the safety and efficacy of medical devices in the U.S. and announces product recalls for medical devices, when needed. It monitors adverse events and has a process for alerting the public and health professionals when these situations arise. However, there are still dangerous and defective devices that remain on the market.
DeMayo Law Offices, L.L.P., understands the medical device industry and is prepared to handle cases for numerous different products. We have represented clients who have been harmed by a variety of defective products, including the following:
Bair Hugger™ warming blankets are used in hospitals to keep patients warm during surgery. A heater blows warm air through a hose that is connected to the disposable blanket. The blanket may also cause air to circulate bacteria and contaminants from the floor around the room and into the surgical opening on a patient. This can cause infections, the most common being deep joint infections during surgery to replaces knees and hips.
Calaxo osteoconductive interference screws were on the market from March of 2006 through April of 2007. They were designed as a replacement for metal screws and were used in surgeries to repair the anterior cruciate ligament (ACL) in patients’ knees. The screws are meant to secure the ACL to bone and then dissolve over time. In many cases, patients have experienced serious side effects from the Calaxo screws at the surgical sites, such as swelling, fluid build-up, fever, and intense pain. Additional surgery has been necessary for some patients to remove the infected tissue or replace the screws. Calaxo screws were recalled in August of 2007.
Cypher stents are used to keep blood flowing through blood vessels after an angioplasty procedure. These stents are known to cause medical problems, including potentially deadly blood clots, after being implanted.
Hip replacement surgeries are very common in the United States, and they require a long and difficult recovery period, even when there is a successful outcome. Several different artificial hip and joint components have left patients with a faulty hip that requires a second surgery to remove and replace the defective device.
Inferior Vena Cava (IVC) filters are placed in the inferior vena cava vein to filter blood clots before they reach the lungs, heart, or brain. Many complications have been reported as the result of these filters breaking off and causing internal damage, and there are numerous IVC products and manufacturers associated with the complaints.
Guidant heart defibrillators are surgically implanted onto the heart and send small electric shocks to maintain an accurate heartbeat. These devices have been known to fail and even cause death, so numerous Guidant defibrillator models have had warnings released or been recalled.
Transvaginal mesh is used in a surgical option for women who suffer from the highly prevalent conditions of pelvic organ prolapse and stress urinary incontinence. Most vaginal mesh is made from a material that can contract after it is implanted, which places pressure on pelvic nerves and can cause inflammation, leading to all kinds of painful and serious complications.
Compensation that DeMayo Law Offices, L.L.P., Will Seek for Your Case
Defective medical devices can cause painful side effects and prevent you from participating in your normal activities, or they can be completely debilitating. You did not deserve a harmful outcome from a defective medical device that was supposed to help you.
DeMayo Law Offices, L.L.P., has been representing people just like you since 1992 and works diligently to recover compensation for all the losses you have incurred, including:
- Loss of current and future income
- Current and future medical bills
- Physical and emotional pain and suffering
Frequently Asked Questions About Defective Medical Device Claims
If you are experiencing a negative outcome from a defective medical device, you probably have many questions about your course of action. Here are a few commonly asked questions with answers to get you started. Chances are, you will still wonder about your specific situation, so just call our office at (828) 345-1111, and we will be happy to answer all your questions.
What should I do if I think I’m injured from a defective medical device?
If you notice any type of side effect that could be related to a medical device, don’t ignore it. Talk to your doctor as soon as possible, document your symptoms and the impact they have on your life, and contact DeMayo Law Offices, L.L.P., for legal advice about your options.
How long do I have to file a defective medical device claim?
This type of claim usually falls under product liability law, where you hold the manufacturer of the product or another entity along the distribution channel liable for the harm the defective medical device caused. In North Carolina, product liability claims must be filed within three years, although there are exceptions that can be confusing and require specialized knowledge to interpret. Consulting with an attorney while there is plenty of time to meet deadlines is always the best option.
How will I pay for an attorney?
DeMayo Law Offices, L.L.P., offers initial case evaluations at no charge. If you hire us, we will not charge you anything until your case is settled. You will only pay a fee if we recover money for you, so you have no upfront costs.
Hire DeMayo Law Offices, L.L.P., to Manage Your Defective Medical Device Case
If you have suffered harm from a defective medical device, our DeMayo Law Offices, L.L.P., personal injury lawyers would welcome the opportunity to review your situation at a free consultation to determine if you may be entitled to compensation. We have staff at our Hickory location to accommodate both English- and Spanish-speaking clients. Contact us today by calling (828) 345-1111 or use our online form.
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