How Can You Know If You Have a Defective Medical Device Case

How Can You Know If You Have a Defective Medical Device Case
Calendar icon April 3, 2021

A defective medical device could forever change your life. Undergoing surgery and ending up with issues after the operation can severely damage your health and many cases may end up fatal. Using a certain device that should improve your health and well-being can be dangerous if the device was defective.

Pacemakers, implants, and surgical instruments can injure you as well. If that happened to you or a close loved one, you have a serious case and you can and should sue.

According to the Food and Drug Administration (FDA), a product can have a faulty design, but it can also be defective because of the manufacturing and marketing strategy.

If you happen to have such a case and wonder how to start a lawsuit or need a consultation with an attorney on the subject, you should contact a New York mass tort attorney. Such cases often end in mass torts because they aren’t isolated and usually many people suffer side effects from certain faulty devices.

What Are the Most Common Defective Medical Devices

Metal Hip Replacement Lawsuit – There are tens of thousands of patients who got metal hip replacements that have led to even harsher injuries. Implant failures and metal poisoning are very common, which is why there are tens of thousands of lawsuits in mass torts worthy of million-dollar awards.

Guidant Defibrillators – These are also known as pacemakers and are used to treat heart diseases. Many people ended up with faulty devices which made their lives harsh and difficult, and the number of people who died isn’t low at all.

Drug-Coated Stents – A stent is a small metal or plastic tube that is placed into a blood vessel or artery.

IVC Blood Clot Filter Lawsuits – IVC blood clot filters were designed to stop disclosed blood clots from going to the lungs. The device is linked to several injuries and deaths.

Transvaginal mesh – This is a surgical patch that is placed on the vaginal wall to keep the pelvic organ prolapse and strain urinary incontinence. Many patients who got it ended suffered organ perforation and mesh erosion.

DePuy Hip Implants – This popular brand was used for thousands of hip replacement surgeries. But, the number of failures and injuries in patients results in many lawsuits.

Do You Have a Valid Case?

To get the answer you’ll have to consult with your defective medical device lawyer. Their experience and knowledge will help you define if you’re a victim of a defective device.

The lawyer will review your case and see if it’s worthy of a lawsuit (from a financial perspective).

They will make sure you’re within the statute of limitations and that you have enough evidence to prove your case.

How Can You Prove Your Case?

A defective medical device case is a product liability lawsuit. To win, you will have to prove several elements such as the following:

  • You ended up with an injury after you got the device
  • The product you used was faulty (in the design, manufacture, or marketing)
  • Your injuries were caused by the product’s fault;
  • You were using the product as indicated at the time of your injury.

Who Is At Fault For Your Injuries After You Got a Defective Medical Device?

In such cases, you will start with the manufacturer of the faulty medical device. In most cases, the device comes out faulty right after it was made. You may also file a lawsuit against the suppliers, distributors and wholesalers, and retailers who were linked to the creation, sale, and development of the faulty product.

The trial may be long and will need a lot of effort. It would be frustrating and in the end, the jury might not even rule in your favor.

But, you shouldn’t give up on your case. The chances to win are very much possible and when that happens, the awards are huge. This is because these types of lawsuits are usually gathered in mass torts.

All you need to have is patience and a skilled and experienced attorney who will guide you into the process and help you win your case.

If you have recently suffered an injury because of a faulty medical device or have lost a loved one due to the same reasons, it’s time to take justice into your hands.

Our team at Cellino Law is here to help you. We have experience with mass torts and will gladly review your case and see if you have a solid base for a lawsuit.

INJURED?
WE CAN HELP

CALL US NOW

Free Case Review

BLOGS ARCHIVE

FREE CASE REVIEW

Testimonials

  • This is to express our gratitude to you and your team in helping us and Stephanie navigate through the legal process following her car accident. We are very satisfied with the outcome and grateful for your hard work and attention to details. We fell confident that with this compensation, Stephanie will be able to move forward with her studies and her life with the ability to care for some of her health needs resulting from the injuries sustained following her car accident. Thank you very much and may God continue to bless your efforts.

    Jose & Rose

  • I am writing to let you know what an outstanding job George Gridelli did for me in my personal injury lawsuit. His professionalism and expertise were evident at our first metting and he and his paralegal Diane D'Andrea took care of me as if I was a friend and not merely a client. They both went above and beyond for me in so many ways that it would be too numerous to list and I am grateful to have had such an exemplary team represent me. When working with George and watching him in court he personified to me what a lawyer is supposed to be - an honest, extremely compentent man who helped guide me through the legal system. I could not have obtained better representation anywhere else at any price. To me that says a lot abut you and your firm's integrity. Thank you again for representing me and for having such stellar individuals working for you! I will continue to recommend your firm.

    Carol

  • I am writing this letter to say how much I appreciate your services pertaining to my case. Your injury attorney took a hands-on approach and left me fully informed at all times as to where my case was going as well as how much ground we had to cover; leaving the final decisions in my hands but making sure that I knew all of the risks involved in the choices. I have dealt with a few law firms in my life on various different cases and this is the first time that I never had to call and/or track down my lawyer… because of this, I have and will continue to recommend Cellino Law to my friends and associates.

    Denise

  • It was a great pleasure working with you on my lawsuit. You certainly gave 150% of your time and interest in settling my case and for that, I am extremely grateful. Therefore, I want to thank you very much for helping me win my settlement and wish you the very best.

    Linda

  • I can only say great things about my attorney Allan Silverstein. He is professional, he calls back right away, he keeps me informed, and makes me feel comfortable as this entire ordeal is stressful. I have total confidence in his ability to handle whatever comes his way. He is no nonsense and very good at his job. Thank you Allan... he is a true asset to the team!

    Mrs Steward

  • My wife and I would like to take this opportunity to thank you for a fantastic job as our attorney. We could not have been more pleased with the work you and your team has done on this case. This past four years or so has been such a roller coaster for our family. We are very pleased and grateful with the result. We have made a good choice by choosing you. Thank you.

    Dave