Product Liability Lawsuits for Defective Medical Devices
Our product liability lawsuit lawyers are currently handling cases against medical device manufacturers for the list of devices in the table below. Click the name of a device in the Medical Device List to learn more information about injuries caused by the medical product, as well as information about FDA recalls, class action lawsuits and settlements.
Defective Medical Devices Listed Alphabetically
What is a Medical Device?
A medical device is any instrument, apparatus, appliance, software, material, or other article used by patients and consumers for the purpose of:
- Diagnosis, prevention, monitoring, treatment, or alleviation of disease;
- Diagnosis, monitoring, treatment, alleviation, or compensation for an injury or handicap;
- Investigation, replacement, or modification of the anatomy or of a physiological process;
- Control of conception (birth control devices).
What are Some Examples of Medical Devices?
A list of common medical devices used by patients and consumers today includes:
- Artificial hips. knees, and shoulders
- IVC filters
- Spine plates, screws, rods and artificial discs
- Power morcellators
- Intrauterine devices (IUD)
- Transvaginal mesh
- Heart pacemakers
- Hernia mesh
- Warming blankets
What is a Defective Medical Device Lawsuit?
A “defective medical device lawsuit” is phrase referring to cases filed in court against manufacturers for harm caused by a medical device failure that led to serious injury or death. These are also referred to as “product liability cases,” which is another legal term for lawsuits filed against medical device companies that design, produce, and sell defective products. Defective medical device lawsuits can be filed as an individual case for one person, but are often filed as class action lawsuits for a large group of people. A person injured by a medication can join the class action lawsuit and make a claim for a settlement.
What are the Legal Requirements for Suing a Medical device company?
Most lawsuits against medical device companies allege that a person was injured or suffered serious injury or death due to a medical device failure or the improper design of the device. The laws in the United States require that produce manufacturers disclose all serious complications of a device and warn consumers about the potential risks and side-effects of a specific product. People harmed by a defective product have the legal right to a settlement against the device maker.
What is Needed to Win a Medical Device Lawsuit?
In order to win compensation and receive a settlement against a medical device company, the consumer must prove that: 1. The specific medical device implanted during a specific period of time. Medical records and surgery reports are used to prove this requirement. 2. The person suffered the “signature injury,” or type of complication that is asserted in the lawsuit. Typically, a case can be filed when a large number of people have the same or similar injury, rather than a single isolated patient. Again, medical records are used to prove the type of injury or harm. 3. The person suffered damages as a result of the harm caused by the defective device. Damages can include pain and suffering, disability, lost wages, and medical expenses. In cases involving death, damages can be awarded under the wrongful death laws.
How Much are the Settlements in Medical Device Cases?
The settlement amount for each person participating in a medical device lawsuit depends on a number of factors. The factors include the type of harm suffered, the degree in which the person has matched the case criteria, the number of people in the lawsuit, and the total amount of the settlement. Many lawsuits have classifications and systems for grading the factors for each lawsuit participant and then assigning a dollar settlement amount based upon those various factors. The amount that an individual plaintiff will receive is not determined until after the pharmaceutical company has agreed to pay a specific total settlement amount.
How Much Does It Cost to File a Dangerous Medical Device Lawsuit?
It will cost you no money to get started on your case. Our attorneys do not charge any legal fees to file your device lawsuit or add your claim to an existing class action lawsuit. You will not be charged any legal fees unless you receive a settlement and our fees will be deducted from your settlement amount. We will also pay all of your case costs and expenses. If your claim is unsuccessful for any reason, you owe us nothing.
How Do I Start My Defective Medical Device Lawsuit Claim?
You can call our product liability injury lawyers now at (866) 280-3417 to speak to our case specialists and tell us more about your case. You can also submit the Case Review form on this page. We will listen to your story and determine if you are eligible to file a defective device claim or participate in a class action lawsuit.