When you go under the knife, you do so with the expectation that whatever pain you feel is for a purpose. Unfortunately, surgeries don’t always lead to positive outcomes, especially when a medical device is involved.
Negligent medical manufacturers can cause harm to patients. When your surgeon implants a device, you should trust that it will perform its job and not result in adverse symptoms. It’s a shameful, but documented, fact that some companies knowingly sell defective and damaging medical devices. Their careless actions make them liable for the injuries victims sustain.
If you suffered an injury because of a defective medical device, contact DeMayo Law Offices. We’ll discuss your legal options and advise you on how we can help you pursue financial compensation from the manufacturer.
Call us at (704) 291-9200 today to find out how our Monroe, NC defective medical device lawyers can assist you in a free consultation.
What Causes a Medical Device Defect?
When a medical manufacturer discovers their device is defective, they must notify the U.S. Food and Drug Administration (FDA). If they know of hazards that can lead to injury, illness, or death, there must be adequate warning associated with the device. Sometimes, the seriousness of the adverse effects warrants a recall, which removes a product completely from the market.
DeMayo Law Offices can represent you if any of the defective medical devices below caused your injury or illness:
- Cypher Stent
- Bair Hugger Warming Blanket
- IVC Filters
- Calaxo® Bone Screw and ACL Injuries
- Hip Replacements
- Transvaginal Mesh
- Guidant Heart Defibrillator
Despite the FDA’s strict rules and attempts at enforcement, some medical devices still on the market are unsafe. Companies are supposed to perform extensive testing before releasing them to the public.
Unfortunately, there’s no way to predict every possible issue before patients start using new devices. If you were injured by a medical device not on this list, contact an attorney to discuss whether you may be able to initiate a defective medical device claim.
Who You Can Hold Liable and How to Prove Negligence
Defective medical device cases fall under product liability. This is an area of law that refers to any party within the manufacturing chain responsible for damages their product causes. It can be complicated to figure out exactly who created the defect in the injured victim’s medical device. That’s why you need an experienced attorney, like ours at DeMayo Law Offices. We can thoroughly investigate your injury, review the available medical evidence, and build a strong argument that the at-fault party is liable for the damage they caused.
Any of the parties below could be held liable for a defective medical device injury:
- Testing labs
- Medical sales representatives
- Retail suppliers
There are two legal bases that attorneys use to pursue defective medical device claims: negligence or strict liability.
Negligence is the failure to behave in a way that a reasonable person would in order to prevent harm to another. Your attorney will show that the four elements of negligence existed at the time of your injury or illness to base your case on negligence. They will argue that:
- The manufacturer owed you a legal duty of care;
- They breached their duty:
- Their breach was the direct cause of your injury; and
- You suffered damages as a result of your injury.
Under the theory of strict liability, you must prove each of the following to recover compensation:
- During the medical device’s design, manufacturing, or sale, something was unreasonably unsafe or dangerous;
- The seller’s intent was for the consumer to receive the device without making any changes to it; and
- The injured party suffered physical, emotional, or mental harm from the defective medical device.
Kinds of Medical Device Defects
If your medical device caused you illness or injury, one of the three defects below could be the reason.
Even if you used your medical device precisely as prescribed, a defect in the design could result in an injury. If you believe a design defect caused you harm, you’ll have to show the design isn’t safe and:
- The manufacturer could have used a more reliable design;
- The alternative would have been technologically and financially reasonable; and
- Using the alternative design would have reduced the dangers while maintaining its use and utility.
A defect can occur during the production of a medical device or quality control stage. You won’t have to prove certain elements existed if you state your injury was the result of a manufacturing defect. But you must have definitive evidence of a defect.
Failure to Warn
If the manufacturer doesn’t provide warning labels or instructions of known hazards to their users, that’s considered a failure to warn. The warning label must include any known potential unforeseeable or unexpected problem. There should also be instructions for the consumer on how to use the device and ways to reduce the risk of injury.
Why Choose DeMayo Law Offices
DeMayo Law Offices has an experienced team of Monroe, NC defective medical device lawyers. We know North Carolina state laws and how to handle the complex procedures of both insurance claims and lawsuits. We work diligently to ensure we don’t miss strict deadlines and complete each step of the process correctly.
Since opening our firm in 1992, we have developed resources that help our clients get the compensation they deserve. We know you need a qualified team to handle your case. We’ll use all the knowledge and skills we’ve gained over the years to advocate for your rights and recover the maximum compensation available. We can help you hold the manufacturer that hurt you responsible for their negligence.
The Damages You Can Seek
In order to pursue any defective medical device case, the injured party must suffer damages. Damages are expenses and losses resulting from an accident or injury. Whether you file an insurance claim or lawsuit, you could pursue two types of damages: economic and non-economic.
- Past and future medical costs
- Loss of income
- Lost future earnings
- Property damage
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of household services, companionship, or affection
Economic damages, such as medical bills, are easy to calculate because they come with an invoice, billing statement, or receipt. On the other hand, non-economic damages, like emotional distress, are difficult to calculate. Any settlement or judgment will take into account the factors below to determine how much money you may be owed:
- Type and extent of the injury
- Duration of medical treatment
- Any resulting physical or mental disability
- Degree of the manufacturer’s negligence
- Impact of the injury on quality of life
Punitive damages are another type of damage some victims can seek in a lawsuit. Instead of compensating or reimbursing you for your economic and non-economic damages, punitive damages punish the at-fault party for their egregious conduct in order to dissuade them from doing the same thing to someone else in the future. Your attorney can discuss whether you may be able to seek punitive damages from the defective medical device manufacturer.
DeMayo Law Offices Legal Fees and Costs
Some law firms require expensive legal fees just to meet with a prospective client for the first time. Not us. We want to make sure we don’t add to your financial burden. That’s why we work on contingency. There’s no upfront fee you’ll need to pay for us to work on your case. We won’t collect any legal fees unless we win an insurance settlement or reach a favorable verdict in court.
Our Monroe, NC defective medical device lawyers offer free consultations. You can discuss your case with us and find out your legal options. There’s no pressure or obligation to commit if you realize you don’t want to pursue legal action. At DeMayo Law Offices, we provide advice to the victims of defective medical device cases but will never force you to make a decision you’re not ready to make.
Contact DeMayo Law Offices
A defective medical device can cause debilitating injuries that lead to a lifetime of pain. You might need ongoing physical therapy or ongoing medical assistance. You should never have to bear these costs on your own when they’re the result of a negligent medical manufacturer’s defective device. At DeMayo Law Offices, we want to ensure you have the means to support yourself and fully recover. That’s why we help injured victims who need it.
Our Monroe, NC defective medical device lawyers will work hard to reach a positive outcome so you can move forward with your life as soon as possible. We know you want to put your injury behind you. Our team has the experience and knowledge to handle cases efficiently and effectively. Whatever your goals are, we’ll do our best to fulfill them.
If a medical device injured you in any way and you want to hold the manufacturer financially responsible, call DeMayo Law Offices at (704) 291-9200 and let us help you get on the road to recovery.
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