Compensation in Defective Medical Device Cases

Fortunately, you can initiate a personal injury lawsuit if you were injured because of a defective medical device. If successful, you’ll receive compensation for your losses. Compensation includes payment for such things as your medical expenses and pain and suffering. Please keep in mind, though, that defective medical device cases are often complex and require help from a skilled injury attorney.

Common Defective Medical Products

Essentially any medical product or device can malfunction and form the basis of a personal injury lawsuit. With that said, though, there are a few common medical products that get found in lawsuits of this nature more often than others. These include defective:

  • drugs,
  • defibrillators,
  • knee or hip replacement prosthesis,
  • wheelchairs and lifts,
  • heart stents, and
  • pacemakers.

Product Liability Claims in Defective Device Cases

Lawsuits arguing that a defective medical device led to injuries are typically brought under a product liability theory. Product liability cases usually allege that there was a:

  • Defectively manufactured medical device, or a device that was improperly made or otherwise damaged before reaching the patient.
  • Medical device with a defective design, or a device that a company properly made but it was made with an unreasonably dangerous design that resulted in injury.
  • Defectively marketed medical device, or a device where the device’s manufacturer failed to provide adequate warnings about the device or failed to provide instructions on the device’s safe and appropriate use.

Potential Defendants in These Cases

Defendants in defective medical device cases can include anyone in the device’s “chain of distribution.” The chain of distribution refers to the path the medical device took from the manufacturer to the patient. With that said, however, common defendants that injury victims sue in these cases include:

  • Product manufacturers,
  • Retail Suppliers,
  • Doctors,
  • Hospitals, and
  • Clinics.

Compensation for Your Injuries

If you succeed in bringing a defective medical device case, you’ll receive compensation for your injuries. This usually includes money for:

  • Medical expenses,
  • Lost wages,
  • Future lost earnings,
  • Out-of-pocket expenses, and
  • Pain and suffering.

Contact Otorowski Morrow & Golden, PLLC

Please know that our firm is here to help if you were injured due to a defective medical device. Otorowski Morrow & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in personal injury cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.

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