Defective Medical Devices in Chino Hills Recovering Compensation for Victims of Malfunctioning Medical Aids
If you have been told that you needed a medical device to help ensure your quality of life, you likely trusted that it was safe to use and had been thoroughly tested. Nonetheless, many medical device manufacturers do not test their products as meticulously as they should. The results can be devastating not just for the individual who has been injured but, depending on the circumstances, tragic for the family of the victim as well.
Sadly, by the time a medical device is actually recalled by the Food and Drug Administration (FDA), many patients and other consumers may have already suffered injuries or other life-altering effects caused by the malfunctioning product.
If you or a loved one has been injured or you have lost a loved one through wrongful death because of a medical device, you need an experienced defective medical products attorney who can fight aggressively for you to receive compensation for your losses or the wrongful death of your family member.
What are the Most Commonly Recalled Medical Devices?
In our modern world, many individuals have come to rely on medical devices to help them achieve a better quality of life. Advances in technology and the manufacturing process have allowed these devices to be made more quickly than ever before. However, the mass production of these devices has often led to problems and issues that cause the recipient serious side effects and problems.
Some of the most commonly recalled medical devices are:
- Vaginal mesh
- Cardiac defibrillators
- Heart synchronizers
- Insulin pumps
- Coronary stents
- Hip replacement units
- Artificial knees
- Breast implants
One of the most tragic aspects involved with recalled medical devices is that companies often are made aware of dangerous defects and other serious issues that surround their products but do not do anything to make recipients aware of these problems. These manufacturers often place profit over patient health.
What Can Cause a Medical Device to Become Defective?
It is important to understand that when medical devices become defective, it is often due to one portion of the device being defective. It could be as simple as an individual component or an entire design flaw that causes the device to malfunction.
Nonetheless, the manufacturer of the medical device has a legal obligation to produce a product that is safe but also to warn recipients of issues and potential problems. There are some companies that would rather settle a few lawsuits than recall an entire product due to the risk of losing their profit.
In the end, there are basically three ways in which a medical device can be considered to be defective. First, it could be defective by its basic design in that proper testing was not completed to make certain that it was safe for consumers. Second, during the manufacturing process, the medical device could become flawed due to faulty parts or components. Finally, the manufacturer may have failed to properly warn consumers of the potential side effects associated with the use of the medical device.
Who Can be Held Liable for a Defective Medical Device?
If a medical device has been determined to be defective, the company that manufactured the product can, of course, be held liable. However, it should be noted that there are other parties who may also be held responsible for harm or injury. They include:
- Sales representatives
Laws that surround defective medical devices can often be extremely complex and difficult to understand on your own. It is always best to consult with a qualified defective medical device attorney who can explain your rights and legal options. The Paris Law Firm recognizes that this is a stressful and overwhelming time for you and your family. We are here and willing to help you in your time of need.
What Kinds of Compensation Can I Receive if I Have Been Injured by a Defective Medical Device?
If you have been injured due to a defective medical device, there are certain types of financial compensation that you may be eligible to receive. Our legal team is committed to fighting for you to receive the best possible outcome that is fully favorable to you.
Some of the most common types of reimbursements include those for both economic and non-economic losses.
Economic losses are considered to be any money that you have already spent or may have to spend because of your injury and may include the following:
- Compensation for medical expenses, including past and future costs
- Lost wages
- Value of future lost wages
- Out-of-pocket expenses, such as the cost of travel to and from medical appointments
Non-economic damages include compensation for non-tangible costs of your injury, such as:
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
For family members who have lost a loved one due to a defective medical device, there are special circumstances that must be met in order for you to file a wrongful death claim. If you have lost a member of your family due to a malfunctioning medical device, contact The Paris Law Firm and ask to speak with a knowledgeable attorney who can explain your legal rights and options.
How Can A Personal Injury Attorney Help Me With a Defective Medical Device Claim?
If you or a loved one has been injured by a faulty medical device, you need to consult with an experienced Southern CA personal injury attorney as soon as possible. California has strict time limits as to how long you have to file a claim. Attempting to navigate the complex laws that surround product liability and defective medical devices is extremely difficult to do on your own.
The Paris Law Firm is committed to seeking justice and full and fair compensation for your injuries. We will stand by your side through the entire process as we seek to recover damages on your behalf. Contact us today by calling (909) 469-5127 and scheduling a free consultation and case review.