Defective Medical Device Attorneys
Manufacturers of medical devices often promise that their products will provide an improved quality of life for an ailing patient. Unfortunately, these products can fail to do so, causing patients to be seriously injured or even die as a result of a defective medical product.
In some cases, manufacturers are aware of issues with their devices but fail to disclose those facts to patients. All patients have a right to know everything about the medical devices that will be assisting with their health and well-being. If a manufacturer, medical professional or hospital fails to adequately disclose information pertaining to potentially defective medical devices, they may be liable to pay compensation settlements to the injured parties.
Examples of Potentially Dangerous Medical Devices
The Food and Drug Administration (FDA) is the government agency charged with protecting the public from defective or dangerous products, including medical devices, by “helping to speed innovations that make medical products more effective, safer, and more affordable and by helping the public get the accurate, science-based information they need to use medical products and foods to maintain and improve their health.”
When a quicker approval process is sought after, the FDA will at times place a product or device on what is called “fast-track” approval. This expedited process can cause medical devices to be improperly researched, tested or reviewed, leading to the possibility of increased patient injury.
Some examples of defective medical devices that have been linked to patient injury include (but are not limited to):
- Depuy’s ASR hip replacement devices
- The Stryker Corporation’s Trident PSL and Hemispherical Acetabular Cups
- The Kugel Mesh hernia patch
Reasons for High Medical Expenses
If you or a loved one have been harmed due to a defective medical device, the medical expenses caused by these possibly avoidable injuries can quickly escalate and become a seemingly inescapable burden.
Circumstances that can cause a dramatic increase in medical expenses include (but are not limited to):
- Current and future medical care costs
- Doctor visits
- Prescriptions or medications
- Additional medical devices
- Physical therapy
- Hospital stays
- Transportation to and from hospitals or medical facilities
A defective medical device can bring chaos and turmoil in a victim’s life in an instant but federal regulations exist to protect patient’s rights and dedicated legal counsel will help retrieve any and all compensation settlements owed to the victim.
Speaking with Insurance Companies
A considerable part of the litigation process with defective medical device claims often involves dealing with the insurance company that may be representing the manufacturer, medical establishment, or defendant. It is common for an insurance assessor to be dispatched by the insurance provider to help determine the level of injury and to perhaps talk with the victim about a settlement.
It is very important to remember that insurance company representatives do not have the victim’s interests or needs in mind. First and foremost they are employees of the insurance company and are trained to obtain sensitive information about the victim and their injury. All of which the insurance company can and will use against the injured party in a court of law.
Employing the services of a law firm will assist in answering questions the insurance companies will ask and provide direct correspondence with the insurance company through the firm.