When you receive a medical device, you expect it will be safe and function as designed. Unfortunately, the Federal Drug Administration (FDA) has recalled hundreds of medical devices in recent years and issued warnings regarding hundreds of others. By the time many recalls or warnings are issued, unsuspecting users have already sustained injuries. 

Your defective medical device injury may be worth more than you think. For instance, over $8 billion in Transvaginal Mesh verdicts and settlements have occurred over the past decade. More importantly, defective medical device could leave you with permanent or catastrophic injuries or even death, which is why it’s important to speak with an Atlanta and Mobile medical device injury attorney as soon as possible.

EXAMPLES OF DEFECTIVE MEDICAL DEVICES

Unfortunately for many patients, some medical devices are not ones they can just stop using. They may be permanently implanted in the body and require surgical removal. If you need medical treatment, surgery, a new device, or any other necessary follow-ups, you could be entitled to compensation for your damages. At Foster Law LLC, we represent injured victims who need assistance with a defective medical device.

Common examples of dangerous or defective medical devices can include:

  • Hernia Mesh (e.g., Ethicon/J&J’s Physiomesh, Prolene mesh; Atrium C-QUR, Prolite; AMS SPARC, Monarc)
  • Transvaginal Mesh (e.g., Ethicon/J&J’s TVT, Prolift, Gynemesh; Boston Scientific Obtryx, Solyx; Coloplast T-Sling; Cook Surgisis)
  • CPAP Machines (e.g., Philips)
  • IVC Filters (e.g., Cook)
  • Hip replacements and implants (e.g., Zimmer, Stryker Metal V40, Pinnacle, Depuy)
  • Insulin Pumps (e.g., Medtronic)
  • Knee replacements (e.g., Zimmer NexGen)
  • Power Morcellators
  • Breast implants (e.g., Allergen)
  • Da Vinci Robot
  • Essure Birth Control
  • IUD (e.g., Mirena, Paragard)

This is only a partial list of dangerous or potentially defective medical devices. If you don’t see your device on the list, it doesn’t mean we cannot handle your claim. Contact us for a free consultation with an experienced Atlanta or Mobile medical device attorney, today.

WHAT ARE THE TYPES OF MEDICAL PRODUCT LIABILITY CASES?

When you are making a claim against a medical device manufacturer, it isn’t necessarily to show they were negligent. You are looking to prove that the product was defective and that defect led to your injuries and damages. Some of the most common types of defects are:

  • Design defects—the product was doomed from the start (before manufacturing began);
  • Manufacturing defects—the product’s design may be ok, but something went wrong during the manufacturing phase;
  • Failure to warn—when a product doesn’t come with the proper instructions or warnings or the sales person or medical team doesn’t correctly advise the victim; and
  • Recall failure—when the FDA recalls a medical device or product but the company continues to manufacture and sell it.

With recall failures, the manufacturer might be liable for punitive damages as well. You can expect that these companies will vigorously defend any claims made against them. That is why it’s crucial to hire an experienced Atlanta and Mobile defective medical device lawyer right away.

CONTACT AN ATLANTA, GA OR MOBILE, AL MEDICAL DEVICE FAILURE ATTORNEY

If you suspect you or a loved one have a defective medical device, you don’t need to handle the claim on your own. Let the skilled legal team at Foster Law LLC, help you. When you retain our firm to represent you, we will be there every step of the way. Defective medical device lawsuits are complicated. You are going up against giant corporations with highly paid legal teams. They will use every defense possible to keep from paying your claim or exposing any defects their products have. We know because we used to represent them. 

Gathering ample evidence in defective medical device cases is crucial to winning your case. Defendants and their insurance companies know you don’t have a legal background, which is why they rely on that fact and use it to their advantage. If the defendant’s insurance adjuster does offer you any money for your claim, it will in all likelihood be much less than your defective medical device case is actually worth.

Don’t let these medical device manufacturers get the upper hand and cheat you out of the compensation you deserve. Contact Foster Law LLC today to schedule an initial consultation and learn more about your legal rights.