A medical device is meant to support your health. Unfortunately, defective medical devices result in numerous injuries and deaths throughout the U.S. every year.
Has a medical device defect left you or a loved one with injuries? Compensation may be available. Learn more by reviewing your case with a defective medical device lawyer. At Munley Law, our team is on hand to fight for the compensation you deserve. Get started by contacting our product liability lawyers today for a free consultation.
Types of Defective Medical Device Cases We Handle
Defective medical devices can come in many forms. The following are a few examples of common medical device defects:
- Hip implant defects: A defective hip implant could become dislocated, cause injury due to metal parts, cause pain, cause infection, and other such issues.
- Surgical mesh defects: There are many ways a defective surgical mesh can cause injury, such as moving from one part of the body to another, eroding over time (which can result in injury to organs), adhering to scar tissue, and generally being rejected by the body.
- Breast implant defects: Defective breast implants can cause pain, infection, asymmetry, scarring, leakage (which may lead to illness), and various other such injuries.
That’s by no means a complete list of all the types of medical devices that can cause injury when they’re defective, nor is it a complete list of all the types of defective medical device cases our team handles.
Not sure what your legal options are after you’ve been injured or become ill because of defective medical equipment? Contact Munley Law for a free consultation.
The Impact of Defective Medical Devices
Medical devices can fail at what may seem to be alarmingly high rates. According to the FDA, the agency receives more than two million reports involving suspected defective medical devices every year. Per FDA data, over a decade, medical devices have caused the deaths of approximately 80,000 Americans, injuring approximately 1.7 million.
We at Munley Law understand how a defective medical device can seriously harm someone. We also have experience securing compensation for clients like you. Check our case results, and you’ll find that, for example, we recovered $2 million from foreign medical device manufacturers.
That’s just one example. We’d be happy to discuss other cases like yours in greater detail.
Don’t become another statistic. Reach out to our experienced attorneys today.
Understanding Your Rights: Product Liability in Medical Device Cases
Strict liability typically applies in product liability cases. Usually, when someone files a personal injury claim or wrongful death claim seeking compensation, they must prove that injuries or death resulted from the liable party’s negligence.
That’s typically not necessary in medical product liability cases. Proving fault isn’t a requirement when filing a defective medical device claim or lawsuit.
However, it is necessary to prove that a medical device was defective in some capacity. It’s also important to demonstrate a link between the defect and your injuries. Gathering evidence is just one task a defective medical device attorney can assist you with.
Not sure how to proceed after sustaining injuries potentially resulting from medical device failure? Learn more about your legal rights. Schedule a free case evaluation with our team.
Damages Available in a Defective Medical Device Lawsuit
Defective devices can cause injury and illness. They can also fail to provide the health benefits they are supposed to offer. Thus, a defective or dangerous medical device can leave a victim in need of additional medical treatment. Their injuries or illness may also cause them to miss work.
Compensation may be available for such losses in a defective medical device case. Potential damages defective medical device lawyers fight for include:
- Medical bills, which may include future medical bills if serious injuries require long-term treatment
- Lost wages, potentially including lost future wages or earning potential
- Loss of enjoyment of life
- Pain and suffering
That’s not necessarily an exhaustive list. A defective medical device lawyer can review your case and help you better understand the specific types of damages that may be available.
A jury might also award punitive damages if your case goes to trial. Unlike compensatory damages, which are meant to compensate a victim for specific losses, punitive damages are intended to punish the liable party for egregious misconduct.
The main point to understand is that you don’t have to cover the cost of your losses if you were hurt because of a defective medical device. Discover what your case might be worth. Contact us for a personalized assessment.
Why Choose a Medical Device Attorney at Munley Law
There are many reasons to work with us when seeking a law firm to handle your faulty medical device case. Specific benefits of choosing our firm include:
- Working with a reputable firm that’s been in business for 65 years
- Choosing a firm that’s earned national recognition
- Hiring lawyers who have courtroom experience
- Working with a defective medical device attorney who can provide testimonials and details from past cases like yours
We tailor our strategy to the individual needs of every client. That said, our process generally involves:
- A free consultation
- Investigation to gather evidence of liability
- Documentation of your compensable losses
- Submitting an insurance claim
- Negotiating a settlement
- Filing a lawsuit and representing you in court if necessary
Experience the Munley Law difference. Get in touch with our dedicated team today.
Steps to Take If You Suspect a Defective Medical Device
Seek immediate medical attention if you have any reason to suspect that you may be injured or ill due to a medical device. Save copies of your medical bills and documentation of your treatment, diagnosis, test results, etc.
Preserving evidence is critical. How you do so can depend on the nature of your case. For example, preserving evidence in some cases generally involves saving medical records. In others, it may include preserving the defective device itself. A lawyer can help you better understand how to preserve evidence for your case effectively.
It’s also important to report your concerns to the relevant authorities. Contact the FDA to report a dangerous medical device.
Be aware that the statute of limitations may require you to file a lawsuit by a deadline. Don’t wait to take action. Call Munley Law for guidance on your next steps.
How Munley Law Can Help: Our Comprehensive Legal Services
The process of seeking compensation from a device manufacturer or their insurer can involve many tasks. You may need to:
- Gather medical evidence and other forms of evidence to prove a defect exists and that it caused injury
- Determine who the liable party may be
- Document losses and complete paperwork with evidence showing why you deserve the compensation you seek
- Negotiate with insurance companies whose goal may be to settle your case for as little as possible
- File a lawsuit if the insurance company won’t offer a fair settlement
You don’t have to handle these tasks yourself. A defective medical device attorney could unburden you now by handling them on your behalf. With a lawyer managing your case, you can focus on your health and recovery after a dangerous device causes harm.
Let us fight for you. Contact Munley Law to start your journey towards justice.
