Just as you expect your physician to provide excellent healthcare with your well-being in mind, you should be able to rely on manufacturers to make and sell medical devices that do what they should. They should not have design or production flaws, and they absolutely should be safe when used in the body. In cases where they cause harm, you need help from a medical device litigation lawyer.
At Burnett Law Firm, our attorneys offer decades of collective experience in negotiation and at trial, protecting the interests of people like you. When you or a loved one has suffered serious injuries, been made sick, or experienced a wrongful death caused by a dangerous product, you can turn to our defective medical device lawyers for aggressive legal representation. Contact us to schedule a free consultation and learn more.
How Our Defective Medical Device Attorneys Can Help Injured Victims
While medical devices, especially those used as implants, can provide tremendous benefits for patients suffering various maladies, they must do what their manufacturers promise with few side effects. Failure to do so leaves victims with additional medical expenses and potentially lifelong injury. At Burnett Law Firm, we are committed to helping those hurt by these faulty medical devices.
Your defective medical device attorney will evaluate your situation during a free initial case review. They can educate you on your options so you can make an informed decision about what to do next. If you want to pursue a products liability lawsuit, we will immediately begin working on building the most robust case we can.
Here are ways an injury attorney will help your claim:
- We keep you updated on your case and are available whenever you have questions.
- We handle all the paperwork and complex details, ensuring your case is filed on time.
- We negotiate on your behalf with insurance adjusters, fighting for a fair settlement that meets your demands.
- We calculate all of your damages, including medical bills, lost income, and pain and suffering.
- We ensure that you have the compensation you need to cover your losses and future healthcare rather than paying for the negligent actions of a device manufacturer.
We believe in building a strong attorney-client relationship founded on trust and skillful service. Our experienced legal professionals are dedicated to securing the best possible outcome for your case and to getting you the maximum amount of compensation possible from all liable parties.
Burnett Law Firm Has Substantial Experience with Medical Device Claims
Your defective medical device lawyer from Burnett Law Firm will gather evidence supporting your claim. We will also work with medical, engineering, and design experts to provide valuable testimony about the device’s manufacturing and how you were injured. Our law firm has spent many years successfully managing cases like yours.
We have fought against the manufacturers of medical products such as hip replacement devices, Vioxx, Zoloft, and Fen-Phen. Our legal team has also handled many cases involving both hernia and transvaginal mesh injuries. We know we have what it takes to help you with your concerns.
Consequences of Defective Medical Products on Injury Victims
When medical devices malfunction or cause side effects, victims are often left with serious injuries. A device must be thoroughly tested before release to the public, or adverse events could happen on a wide scale.
Inadequate labeling can lead to devices being used improperly by patients or healthcare providers. A malfunctioning device can cause strokes, heart attacks, blood clots, internal bleeding, or organ damage, among other conditions. Victims of the careless actions of medical device producers can seek compensation for all their medical expenses, as well as for their pain and suffering at the hands of those who are found liable.
Medical Device Injury Lawsuits
Thorough and rigorous testing must show whether a device will work as intended or fail. If the product is meant for short-term use, the manufacturers must indicate this in their marketing and labeling to ensure physicians and patients know the device’s limits. While you would expect these companies to have their customers’ best interests in mind, the truth is they are more concerned about getting a product to market fast so they can increase their profits.
This rush to sell is aided by loopholes in the 510(k) approval process overseen by the U.S. Food and Drug Administration (FDA). Drugs and devices can be “fast-tracked” when they are similar enough in function to an existing product, even if that original device also had problems. This type of approval becomes very complicated and quickly leads to the need to hold these manufacturers accountable through product liability lawsuits.
Individual, Class Action, and Multi-District Litigations
If you are hurt by a medical device that has no previous history of causing harm, you are likely eligible to file an individual personal injury lawsuit to seek compensation. Your attorney will work to secure a successful outcome based on your circumstances, and you will be the sole claimant.
In a class action lawsuit, a group of plaintiffs bring a claim against the manufacturer when they all suffered similar injury or illness from the same device. They are all bound by the ruling and agree to accept the same recovery instead of individually pursuing separate lawsuits.
Multi-district litigation (MDL) is used to consolidate cases from multiple jurisdictions into a single case brought before one judge. That court will review the case and render a decision, or they may choose to send the claim to another court. These cases remain individually filed and individually valued, unlike class action claims.
Regardless of how your case is litigated, your legal team will bring evidence of the flaws affecting the defective product, whether they are from manufacturing, design, distribution, installation, or marketing. At Burnett Law Firm, our trial attorneys are always reviewing recalls and announcements from the Food and Drug Administration to ensure we are fully prepared for any case you may bring to us.
Understanding Medical Device Recalls and Your Rights
When a product violates laws or FDA rules, the administration will issue a recall recommendation to the manufacturer. Medical device manufacturers will usually announce a recall voluntarily, and the FDA can aid them in ensuring the public is warned against these products.
The company may elect to change or improve its manufacturing process, the product design, or the marketing campaign to fix the problem. They may also offer remedies to consumers.
FDA recalls are classified at three levels:
- Class I recalls: These are extremely urgent and typically apply to medical device defects that cause serious injury, illness, or death.
- Class II recalls: These are issued when the use of a product may lead to short-term health problems or have a low chance of leading to more serious injuries. The majority of FDA recalls fall within this category.
- Class III recalls: When a product has minor defects and is unlikely to lead to injury or death, a Class III recall is issued.
While you do not automatically have a product liability case because a recall was issued for a product, you should still speak with a skilled defective medical device attorney if you or a loved one suffered injury or died after using the device. Victims can file defective medical device cases when they have proof the product was defective and that the item caused them harm.
Medical Device Recall and Liability Cases Are Complicated
If a company issues a recall and you have been notified, they may claim they are not liable for any injury you suffer. However, these cases become very complex very quickly because they still created a product that led to your illness, harm, or death. Your attorney will work diligently to develop the strongest case possible based on the specific details of your history with the device.
Although large manufacturers often have big legal teams, we are not afraid to stand up for the rights of our clients who are facing a dramatically altered future because a company was negligent. We put our years of background and training to work, finding ways to ensure they pay what they owe you and are brought to justice.
Our team will work to help you secure compensation for your damages caused by medical device manufacturers who may be held responsible for paying:
- All medical bills
- Lost wages and benefits
- Pain and suffering
- Emotional distress
- Rehabilitation costs
- Funeral and burial costs after a wrongful death
In some cases where the defective product affected numerous people, or the actions of the manufacturer were grossly negligent, malicious, or intentional, you could be awarded punitive damages. These are meant to make an example of the defendant and warn others to never engage in similar actions.
Contact the Defective Medical Device Attorneys at Burnett Law Firm
At Burnett Law Firm, we focus on helping our clients achieve full physical and financial recovery for their defective medical device claims. We create a compelling story describing how you were the victim of corporate wrongdoing. Our attorneys show the judge and jury how you were hurt and why you deserve your requested damage award.
When you rely on our legal professionals to manage your personal injury claim, you can rest easy knowing we will handle the details without adding to your worries. You do not even have to be concerned about the cost since we offer free initial case evaluations and a contingency fee structure. That means you do not pay us anything at all unless we secure a settlement or trial verdict for you. Our fees are paid as a percentage of your jury award or insurance payment at a rate you agree to before we begin.
Do not wait any longer to find out whether you have a valid claim against a manufacturer. Bring your questions and concerns to the defective medical device lawyers at Burnett Law Firm. If you or a loved one has experienced complications from a defective medical device, call us at 832-413-4410 or contact us through our online form to schedule your free consultation today.