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Defective Medical Device Lawsuit
Have you suffered a serious injury caused by malfunctioning or defective medical devices during a procedure? The severe injuries caused by defective medical devices can be extremely costly in terms of pain and suffering, substantial additional medical expenses to undo the damage, additional time off work, and sometimes even permanent disability. If this has happened to you, you may have a defective medical device lawsuit on your hands. In this case, you’ll need an attorney who is experienced in handling product liability cases involving harmful medical devices.
At The Lawrence Firm, PSC, we help clients in Kentucky and Ohio recover compensation after they sustain injuries from defective medical equipment and other product liability claims. With offices conveniently located in Covington and Cincinnati, our law firm serves our clients’ needs personally, and we will walk you through every step of your case as we fight to help you obtain the compensation you deserve.
Call (800) 698-4054 today to speak with an experienced defective medical device attorney at The Lawrence Firm and see if you have a valid claim for compensation for your injuries.
What is a Defective Medical Device?
Virtually any product can prove to be defective, from automobile parts to children’s toys to household appliances and beyond. Unfortunately, this even includes medical equipment. For example, there are several surgical tools used in the course of medical treatment, including but not limited to:
- Pain pumps
- Surgical utensils or devices
- Surgical robots such as the da Vinci Surgical System
- Laparoscopic devices used during arthroscopic surgeries and similar surgeries
- Other surgical implementations such as clips
Anyone of these medical devices has the potential for failing during or after a medical procedure. Malfunctioning or defective medical devices can cause bleeding and other internal damage or result in another form of serious injury. As such, it is classified as a defective product and may lead to a defective or malfunctioning medical device claim.
Problems With Medical Devices
There are several ways that a medical device might become defective. Sometimes there is a fundamental design flaw that was not caught in the design or manufacturing process. It is also possible that defective materials or processes were used in the manufacture of the device. In some cases, the company might be aware of the potential manufacturing defects and simply decide the risk wasn’t too great to continue selling dangerous medical devices.
If this happens and the product causes multiple people serious injuries or health problems, a medical device recall may take place. However, those that suffered from the injuries before the medical device recalls still have the option of pursuing a defective medical device lawsuit. For these kinds of injuries, we will aggressively pursue the device manufacturer of defective medical products to seek compensation for your injuries.
It is less common for a doctor to negligently use or misplace a medical device, but it can happen. This would be an instance of medical malpractice, and in these cases, we will pursue a medical malpractice claim against the responsible parties.
Common Defective Medical Device Cases
There are constantly new devices on the market that are intended to improve health or function but end up causing injury instead. Some of the more common defective medical device claims we see include implants for artificial joints and surgical mesh.
Shoulder, Knee, and Hip Implants
Artificial joints like those used for shoulder, knee and hip replacement surgeries are one of the most common concerns in the medical device industry. In fact, tens of thousands of patients who have undergone joint replacement surgery have been left with serious injuries and complications from the devices used. Some of the more common complications associated with these devices include metal poisoning, implant loosening, dislocation, infection, and nerve, muscle, and bone damage.
Hernia mesh is a type of surgical mesh used to support damaged tissue surrounding hernias as they heal. Unfortunately, many patients with mesh implants have experienced adverse effects such as infections, organ damage, hernia recurrence, bowel obstructions, and even wrongful death. According to Drugwatch, the largest mass tort lawsuit settlement for hernia mesh injuries was paid by C.R. Bard in 2011, amounting to $184 million in damages to settle roughly 3,000 cases.
Transvaginal mesh is another type of surgical mesh that has seen its fair share of lawsuits. The mesh is a device commonly used to treat pelvic organ prolapse and stress urinary incontinence in women, but the Food and Drug Administration (FDA) recently reclassified it as a significantly dangerous medical device. Over 100,000 lawsuits have been filed alleging these medical devices caused serious complications and injuries after being implanted, including urinary tract problems, damaged nerves, infection, erosion, and recurring prolapse and incontinence. Our attorneys have considerable experience representing victims in defective medical device mass torts like those involving malfunctioning mesh and other implants.
Catheters in Invasive Procedures
Catheter injuries are common in many invasive medical procedures. There are several different types and brands of catheters, each with its own associated risks. However, some of the common risks associated with catheters that we see include perforation injuries, severe pain and discomfort, infections, strokes, heart attacks, and internal injuries. These are just a few of the possible side effects and complications that can arise from catheter use. If you have experienced any type of problem with catheter use, talk with our defective medical device lawyers right away.
Duodenoscopes and endoscopes are tubes with lighted ends that doctors and surgeons use for surgeries, colonoscopies, and other invasive medical procedures. Although they are remarkable devices that help medical professionals perform a number of important procedures for patients, duodenoscopes are also extremely dangerous. When these instruments are not used properly, internal injuries, punctures, and other injuries can occur. Unfortunately, as they are used so frequently, injuries caused by duodenoscopes are not uncommon. It is often in the best interests of the injured parties to join their claims together into one mass tort duodenoscope claim.
Who is Liable in a Medical Device Lawsuit?
When defective medical devices cause serious health problems, a number of parties may be held responsible as a result. With these devices, defects usually originate in the design or manufacture of the product. As such, it is often the medical device companies and medical device manufacturers who are responsible for the damages caused.
In other cases of product liability, marketing defects are also common. This typically means that there was a failure to warn of potential risks associated with the product. In some circumstances, it is also possible for the medical professional responsible for implanting the device to be held liable. This would warrant a medical malpractice claim.
At The Lawrence Firm, our Kentucky and Ohio defective medical products lawyers will investigate your claim thoroughly, determine who is liable for your injuries, and subsequently make sure justice is delivered.
How Much are Defective Medical Device Settlements Worth?
Patients who suffer injuries from defective medical devices often require revision surgery to repair or control the damage. As such, you can imagine the enormous medical bills that result. In addition to this, injured patients typically cannot work as they recover, and some may not ever be able to return to work at all or at least within their previous capacity. This, along with several other factors, is why pursuing compensation for injuries that a medical device caused is so important.
There is no surefire way to determine a settlement amount before the case actually proceeds, so damages could amount anywhere from tens of thousands to hundreds of thousands and even millions of dollars. When you work with the defective medical device lawyers at The Lawrence Firm, we will fight aggressively to make sure you receive financial compensation for any damages you may have experienced as a result of your injuries, including:
- Medical expenses (past and future)
- Lost wages
- Lost earning capacity
- Permanent disfigurement
- Loss of use of bodily function
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- And more
How a Products Liability Lawyer From the Lawrence Firm Can Help
A defective medical device case can be extremely complex, and it is critical that you obtain the help of a qualified and experienced attorney if you choose to pursue legal action. Fortunately, the legal team here at The Lawrence Firm has more than five decades of combined knowledge and experience working on Ohio and Kentucky product liability cases, including those involving medical device injuries.
When our law firm takes your case and a formal attorney-client relationship is established, we are prepared to focus on every detail necessary to succeed and obtain a fair settlement. However, we are also ready, willing, and capable to go the extra mile to properly set your case up for a successful trial. We have a plethora of resources at our disposal, including a nurse on staff, and will consult other medical professionals and experts when necessary. This offers a certain degree of medical expertise about injuries sustained due to broken or failed medical devices that most firms are not in a position to offer. We also employ product liability specialists when necessary.
If you believe you have a claim, we highly encourage you to reach out to a defective medical device lawyer at our Covington law firm as soon as possible. We will provide you with a free case evaluation where we discuss your legal options and explain what we believe we can do for you and your case.
Defective Medical Device Attorneys in Covington, KY and Cincinnati, OH ∙ Free Case Review
In order to be successful in defective medical device lawsuits, your attorney needs a specialized understanding of product defects and the laws surrounding them. They must also have the financial means to build a team of specialists to investigate and analyze the information that is critical to proving a defective medical device caused your injury. Fortunately, the product liability lawyers at our renowned medical injury law firm have handled many cases involving defective medical devices and know what it takes to successfully resolve your legal issue.
You Pay No Fees Unless We Win!
We are happy to offer a free consultation to evaluate your case. If you hire us as your legal counsel, we will represent you on a contingency-fee basis. You will pay no attorneys’ fees unless we recover financial damages.