Defective Medical Device Lawyers

If you or a loved one have been injured by a defective medical device, you may be entitled to compensation for the harm you’ve suffered and the losses you’ve incurred. Although tightly regulated by the FDA, defective medical devices can hit the market and lead to horrific injuries. Medical devices may be found defective in their design or in the manufacturing process. Liability can even stem from the way the device is marketed. Suffering an injury caused by a defective medical device can be devastatingly frustrating because of the amount of trust we should be able to place in medical companies and professionals. Cases involving defective medical devices can be enormously complicated, and if you have been injured, you need top-quality legal representation.

At Chandler McNulty LLP, we are dedicated to providing a service and obtaining outcomes that other firms can’t match. We have the experience necessary to build a strong case on your behalf and get the results you can trust. Our leaders have taken on some of the largest corporations in the country, meaning our firm has the grit to take your case to court if that is what justice demands. Due to the amount of certification required to bring a medical product to market, it can be difficult to prove that the defective device caused your injury. Our firm has what it takes to walk you through this legal journey and obtain a favorable outcome on your behalf. To begin working with a defective medical device lawyer, call us today at (713) 997-8310 or fill out one of our online forms.

How a Defective Medical Device Lawyer Can Help

After you have suffered an injury, it can be incredibly difficult to focus on putting together a lawsuit. This process is made much more difficult when taking on large medical device companies with claims that their highly regulated products have caused your injuries. Luckily, you do not have to face this battle alone. What may seem like an impossible task can be made much easier when you work with an attorney. A lawyer can build your case and handle all communication on your behalf. You may face harassment from insurance companies, the manufacturer, or defense attorneys trying to bully you into accepting low-ball settlement offers. An attorney can stop anyone from bothering you or diminishing your claims.

In addition to providing you with the legal guidance you need, a lawyer can serve as a personal advocate. A seasoned firm has seen every type of case and has built a network of experts to help their clients. Your legal team can guide you towards resources including counselors and medical specialists who can help aid in your recovery. Working with a lawyer can ensure that you obtain the best possible outcome in your case so that you are able to focus on your recovery.

Why should I choose Chandler McNulty LLP?

Chandler McNulty LLP is one of the most trusted names in law. Our client care and ability to get results are unmatched. We believe very firmly in holding greedy corporations responsible for their actions, especially when members of our community are injured as a result. When you work with us, every detail of your case will be handled effectively and efficiently.

We know that you may be facing tough economic times in the wake of your injury. You may be dealing with unforeseen medical bills and forced time off of work. This can be a frustrating state of affairs if your injury was caused through no fault of your own. Our team at Chandler McNulty, LLP believes that no one should face financial distress after suffering from injuries due to defective medical products. We will help you recover the financial compensation you and your loved ones deserve. While no amount of money can ever erase your pain, compensation can help you and your loved ones to get back to living your normal lives.

Medical Device Regulations

In 1976, the FDA passed the Medical Device Amendments of 1976, creating three separate classifications for medical devices that may come on the market. Each classification signifies the amount of regulation and government oversight a product requires before entering the market.

  • Class I: These devices present minimal harm to users and are common medical products. Bandages and other first-aid kit materials often fall into this category. These products make up a large percentage of the marketplace accounting for 47%, with 95% of these being exempt from any form of regulation.
  • Class II: A wide number of products, 43% of all on the market, fall into Class II. Products in this class require regulation but are common and can include a wide array of products from pregnancy tests to wheelchairs.
  • Class III: These devices are most often used to sustain or support life. These products usually require an implant such as pacemakers or hip replacements. These devices are highly regulated and only account for 10% of the market.

Despite tight regulations and classifications, there is often a rush to get devices on the market backed by the manufacturer of the medical device. These efforts to rush the process put the FDA in a position where they must rely on manufacturer supplied data when screening products. This means that the testing process can be flawed or outright biased. Working with an attorney can ensure that the process that led to the approval of the device that caused your injury is examined and that any negligence or wrongdoing is discovered.

Common Defective Medical Device Injuries

Despite the regulation and control from the FDA, certain products have been historically linked with injuries and have been subjected to numerous lawsuits. Common defective medical device injuries include:

  • Metal hip replacement injuries: Implant failures and metal poisoning have led to injuries for those who have received metal hip replacements.
  • Drug-coated stent injuries: A stent is a small tube implanted into an artery or blood vessel. Data suggests that there is a significant risk of blood clotting when these devices are used.
  • Guidant defibrillator injuries: Commonly known as pacemakers, these devices underwent a major recall in 2005.
  • DePuy hip implant injuries: DePuy is a popular brand used for hip replacements. Unfortunately, data shows that these products are prone to failure and have also been recalled in the past.
  • IVC blood clot filter injuries– Use of these products has been linked to numerous injuries and even fatalities.
  • Transvaginal mesh injuries– These products are implanted mesh designed to correct pelvic organ prolapse and stress urinary incontinence. However, many have reported mesh erosion and organ perforation after these devices were implanted.

If you or a loved one have suffered an injury from a defective medical product, contact our team immediately. Your injury may be similar to one of the cases above, or it may be unique. No matter what kind of case you have, we have the team in place to get you the compensation you deserve if you were injured by a defective medical device.

Liability for Defective Medical Devices

Medical devices are supposed to be heavily tested by the research and development departments of the manufacturers, and they are also screened for use by the FDA. Despite these safeguards, defects can occur during several phases of development. The three phases in which a product can become defective in production are:

  • The design phase: A defective design may not necessarily lead to an injury, but it can. When improper design creates or exacerbates an injury, a lawsuit may be appropriate.
  • The manufacturing phase: Manufacturing errors may result from faulty machinery, human error, or broken components of the device. When this happens and an injury occurs, the manufacturer can be held liable to pay compensation.
  • The marketing phase: A failure by salesmen or marketers to fully and adequately warn medical professionals of the intended use and potential risks of a medical device can lead to injury, and even wrongful death. If a product was improperly marketed, a suit may be brought on those grounds.

What compensation might I recover in a defective medical device lawsuit?

If you or a loved one have been injured as a result of a defective medical device, you will naturally be facing economic strain. Medical bills and time off of work may leave you financially drained. If you were injured through no fault of your own, you are legally owed compensation by the negligent party. You may be able to recover a variety of damages for your injury, including:

  • Cash awards
  • Reimbursement of current medical expenses
  • Subsequent medical procedures
  • Lost wages

Recovering damages after a negligent party injures you is a crucial part of our justice system. Working with an attorney will help you recover the compensation you need.

Contact Chandler McNulty LLP Today

Suffering an injury due to a defective medical device can be physically, mentally, and financially devastating. If you were injured by another entity’s negligence, you should not be on the hook to pay any of your expenses related to your injury. Working with our team at Chandler McNulty LLP can ensure that you have the best outcome for your case possible. We will work diligently to hold the negligent party who caused your injury responsible for their actions.

Our firm can be the advocate you need to recover the compensation you deserve. To start your journey with our talented team of medical device lawyers at Chandler McNulty LLP, call us today at (713) 997-8310 or fill out one of our online forms.

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