Whether it is something as simple as an oral medication or something as complicated as a hip implant, patients rely on medical companies to ensure that their products are safe for use. Unfortunately, many patients are injured or killed every year when defective medical devices are used.
If you were injured or required additional treatment due to a defect in a medical device, you may be able to recover compensation in a lawsuit against the manufacturer of that device. Medical device manufacturers must follow strict rules in the design, testing, manufacturing, and marketing of their devices. Negligence at any stage of this process could make them liable for the injuries their products cause.
A Bayport defective medical devices lawyer represents the victims of faulty medical devices. If a flawed medical device injured you, our team of defective medical device attorneys can work to investigate your case. If a manufacturer is deemed liable for your injuries, they may be required to pay out compensation for your medical care, recovery costs, pain and suffering, and more.
For a free consultation on your case and what legal options you may have, contact Gacovino, Lake & Associates, P.C. at (631) 600-0000. We may be able to handle your case on a contingency-fee basis where you do not pay us unless you recover compensation.
Types of Defective Medical Devices
Any medical device could be defective if it malfunctions and injures a user. Some of the more common types of defective medical devices include:
- Pumps that deal with administering pain relief
- Hip and knee replacements
- Heart devices, such as stents or artificial valves
- Hearing aids and implants
- Covidien devices
- Transvaginal mesh
- Hernia mesh
- Mirena IUDs
- Medtronic Infuse Pumps
- Morcellator devices
- And more
If you were injured by one of the medical products listed here, or if any other medical product you were using failed or malfunctioned and caused your injury, you may be able to recover compensation in a defective medical device lawsuit.
Consequences of Defects in Medical Devices
A broad range of injuries can occur from the malfunction of medical devices. These malfunctions could:
- Require additional procedures or surgeries to repair or remove the device
- Reset the clock on a patient’s recovery time, or reduce their ability to recover
- Create new injuries or illnesses that the patient must treat
- Add long-term health complications
- Contribute to the patient’s death
If your family member passed away due to a defective medical device, you may be able to recover compensation in a medical malpractice case.
Medical Device Regulation and Liability
The regulation of many medical devices falls upon the United States Food and Drug Administration (FDA). Companies are required to inform the FDA upon learning that they may have a defective product. This may initiate a product recall to remove a harmful device from the market. If a company fails to report a product defect, it may be putting lives at risk.
The FDA holds medical device manufacturers to safety standards in the design, testing, manufacturing, and labeling/advertising of their products. If a company is negligent in the safety protocol at any stage of this process, or if they are aware of possible defects in their products but do not disclose this information, they may be liable for the injuries their products caused.
Victims of defective medical devices may have different options for taking legal actions. Some products may have multiple victims uniting in a type of group lawsuit known as a multidistrict litigation (MDL). You may have the option to join an MDL, or to sue the company responsible for your injuries in an individual lawsuit.
Compensation in an Injury Lawsuit for a Defective Medical Device
The compensation available in a defective medical device case will depend on the nature of the injuries. Plaintiffs must present evidence of the extent of their injuries to be awarded compensation in a defective medical device lawsuit.
If the medical device company is deemed liable for your injuries, you may be able to recover compensation for:
- The cost of the original treatment related to the defective device
- Hospital bills and medications related to the defective device
- Further medical treatments, such as rehabilitation and surgeries
- Lost wages or reduced earning income
- Pain and suffering
- And more
A different set of damages may apply if your family is pursuing compensation in a wrongful death case.
To discuss what specific compensation may be available in your defective medical device case, contact Gacovino, Lake & Associates, P.C. for a free consultation at (631) 600-0000.
Contact a Bayport Defective Medical Devices Lawyer for Help Today
If your family is dealing with the fallout of a defective medical device, Gacovino, Lake & Associates, P.C. can help. We defend families in Bayport in both personal injury and wrongful death cases.
When you hire our personal injury law firm for representation, you will get time away from the legal proceedings to concentrate on your family while our injury lawyers:
- Respond to your questions and keep you informed about your case
- Gather evidence in your defense
- Collect evidence that demonstrates the value of your injuries
- Negotiate with the insurance companies on your behalf
- Sue the insurance company in court if they are not willing to make you a fair settlement offer
Gacovino, Lake & Associates, P.C. may be able to represent you on a contingency-fee basis. In this type of arrangement, you only pay for our legal services at the end of your case as a percentage of your settlement or court awards if your case succeeds.
For a free consultation on your defective medical device case, contact Gacovino, Lake & Associates, P.C. today at (631) 600-0000. The sooner you call, the sooner we can get started working on your case.
