Medical devices are supposed to help us live healthier, longer lives. But when they fail, they can cause serious injuries and even death. If you have been harmed by a defective medical device, you may be able to file a lawsuit against the manufacturer.
What is a medical device lawsuit?
A medical device lawsuit is a type of product liability lawsuit. Product liability lawsuits are filed against companies that make or sell products that cause injuries to consumers. In a medical device lawsuit, the plaintiff (the person filing the lawsuit) alleges that the defendant (the company that made or sold the device) is responsible for their injuries because the device was defective.
What are the different types of medical device defects?
There are three main types of medical device defects:
- Design defects: These are defects that exist in the design of the device itself. For example, a design defect might cause a device to be too weak to withstand normal use, or it might cause the device to malfunction in a dangerous way.
- Manufacturing defects: These are defects that occur during the manufacturing process. For example, a manufacturing defect might cause a device to be made with the wrong materials, or it might cause a device to be missing a critical component.
- Warnings defects: These are defects that occur in the warnings that come with the device. For example, a warnings defect might cause the warnings to be incomplete or inaccurate, or it might cause the warnings to be written in a way that is difficult to understand.
How do I know if I have a case for a medical device lawsuit?
If you have been injured by a medical device, you should consult with an experienced product liability attorney. The attorney will be able to assess your case and determine whether you have a viable claim.
What can I recover in a medical device lawsuit?
If you are successful in your medical device lawsuit, you may be able to recover compensation for the following damages:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Punitive damages
How long does it take to resolve a medical device lawsuit?
The length of time it takes to resolve a medical device lawsuit varies depending on the complexity of the case and the willingness of the parties to reach a settlement. Some cases settle within a few months, while others can take years to resolve.
Conclusion
Medical device lawsuits can be complex, but they can be a powerful tool for holding manufacturers accountable for their negligence. If you have been injured by a defective medical device, you should consult with an experienced product liability attorney to discuss your legal options.
FAQs
Q: What is the statute of limitations for a medical device lawsuit?
A: The statute of limitations is the amount of time you have to file a lawsuit after you have been injured. The statute of limitations varies from state to state, but it is typically two to three years.
Q: Can I file a medical device lawsuit if I was injured by a device that was recalled?
A: Yes, you can still file a medical device lawsuit even if the device was recalled. A recall does not mean that the manufacturer is off the hook for your injuries.
Q: What are the benefits of filing a medical device lawsuit?
A: Filing a medical device lawsuit can help you recover compensation for your medical expenses, lost wages, pain and suffering, and other damages. It can also help to hold the manufacturer accountable for their negligence and prevent others from being injured by the same device.
Q: What are the risks of filing a medical device lawsuit?
A: The main risk of filing a medical device lawsuit is that you may not be successful. If you are not successful, you may be responsible for the defendant’s attorney fees and court costs.
Q: How do I find a good medical device lawyer?
A: You can find a good medical device lawyer by asking for referrals from friends, family, or other professionals. You can also search for lawyers online or through the American Bar Association’s directory.
Q: How much does it cost to file a medical device lawsuit?
A: The cost of filing a medical device lawsuit varies depending on the complexity of the case and the experience of the lawyer. Most lawyers work on a contingency fee basis, which means that they only get paid if you win your case.
References:
- U.S. Food and Drug Administration (FDA): https://www.fda.gov/
- American Bar Association (ABA): https://www.aba.com/
- National Law Review (NLR): https://www.nlrsd.org/
