Defective Medical Devices
Fight for Just Compensation with the Help of a Florida Defective Medical Device Lawyer
When your doctor recommended that you start using a medical device, the risk of your device being defective was probably the furthest thought from your mind. But, while you expected your medical device to help improve your quality of life, instead it made things much worse. This scenario is all too common, and far too many patients find themselves needing to hire a Florida defective medical device lawyer to take on their device’s manufacturer.
While medical device manufacturers may be large and powerful corporations, they are not invincible. They can—and should—be held accountable when they sell defective devices. At Searcy Denney, we have a long history of successfully suing companies that manufacture defective medical devices—and if you have a claim, we can use this experience to seek the financial compensation you deserve.
What Is Considered a Medical Device?
How do you know if you have a claim for a medical device defect? The first step is understanding what is considered a medical device. The U.S. Food and Drug Administration (FDA) defines a medical device as “an[y] instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is . . . :
- “[I]ntended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease . . . or
- “[I]ntended to affect the structure or any function of the body . . . and which does not achieve its primary intended purposes through chemical action . . . and which is not dependent upon being metabolized.”
The FDA classifies medical devices as Class I, Class II or Class III. Class I medical devices include things like bandages and surgical instruments. Class II medical devices include things like wheelchairs and infusion pumps that present greater risks—and, therefore, require greater care during the design and manufacturing processes. Class III medical devices include replacement heart valves, hip and knee replacements, and other implantable devices. Defects in these devices generally present the greatest risks for patients, and, as a result, they are subject to the highest level of oversight from the FDA.
But, despite this oversight, lots of defective medical devices still find their way into patients’ hands and patients’ bodies. As a result, if you have concerns about a medical device, you should not ignore them. Instead, you should speak with a Florida defective medical device lawyer promptly, and you should follow your lawyer’s advice about filing a claim.
Who Is Liable for a Medical Device Defect?
If you have a claim for a medical device defect, who is liable? In most cases, seeking just compensation for losses caused by a defective medical device involves filing a claim against the manufacturer. Companies that manufacture and sell defective products are strictly liable for the harm their products cause—which means that proof of negligence is not required.
Medical Device Surgeons Often Receive Kickbacks
Many current mass tort litigations involving defective medical devices have uncovered how some surgeons receive compensation and other kickbacks for using and promoting a company’s medical device, even if the data does not support the device’s safety.
Medical device manufacturers have made billions across industries, and doctors working closely with these companies earn substantial compensation in consulting fees. However, what may be more worrisome is not that some surgeons receive kickbacks for their use and promotion of products but that they receive training on tips and techniques for using new medical devices from sales representatives who are not medical doctors.
Unfortunately, the collective conduct of medical device manufacturers, sales representatives, and some surgeons has contributed to the increase in patient injuries that often lead to permanent disability and the need for one or more additional revision or repair surgeries. No patient deserves to suffer at the hands of defective medical devices and negligence.
How Can a Florida Defective Medical Device Lawyer at Searcy Denney Help You?
With our experience representing patients and families who have been harmed by defective medical devices, we can help you regardless of what happened and what medical device manufacturer is responsible. Here is what you can expect when you hire a Florida defective medical device lawyer at Searcy Denney to represent you:
- Evaluating Your Claim – We will review your (or your loved one’s) medical records and consult with trusted medical experts to evaluate your claim.
- Calculate Your Losses – If you have a claim for a medical device defect, we will carefully calculate the losses you are entitled to recover—including the losses you and your family will incur in the future.
- Suing the Medical Device Company – We will sue the medical device company that is responsible for your family’s losses, and, in doing so, we will seek the full financial compensation you and your family deserve.
- Negotiating for an Out-of-Court Settlement – Your Florida defective medical device lawyer will negotiate for a fair settlement, and if the manufacturer makes a settlement offer, we will help you decide whether to accept it.
- Going to Court if Necessary – While many successful defective medical device lawsuits settle, we will not hesitate to fight for your legal rights in court if necessary.
Discuss Your Case with Florida Defective Medical Device Lawyer for Free
If you need to know more about filing a claim for a defective medical device in Florida, we invite you to get in touch. To discuss your case with a lawyer at Searcy Denney for free, call 800-780-8607 or request a free consultation online today.