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.