Taking Legal Action Against Defective Medical Device Manufacturers

Defective medical devices can present serious—and sometimes life-threatening—risks for patients. As a patient, you never expect a medical implant to cause you harm. You expect the manufacturer to conduct thorough testing before bringing the implant to market, and you expect the manufacturer to clearly disclose any known risks so that you can make an informed decision about how best to address your medical needs.

Unfortunately, this doesn’t always happen.

Medical device defects are alarmingly common. Far too often, medical device manufacturers prioritize their profits over patients’ safety. If you or a loved one has been harmed by a defective medical device, you have the right to hold the manufacturer fully accountable, and you should talk to a lawyer about taking legal action promptly.

Filing a Lawsuit for a Defective Medical Device

In this scenario, taking legal action involves filing a defective medical device lawsuit. When it comes to holding medical device manufacturers accountable, patients and their families generally have two main options:

• File a Defective Medical Device Lawsuit Against the Manufacturer – One option is to file a defective medical device lawsuit against the manufacturer in state or federal court. Even if you are the first person to take legal action related to the medical device in question, you can seek to hold the manufacturer fully accountable for your financial and non-financial losses.
• Join an Existing Multidistrict Litigation (MDL) Proceeding Against the Manufacturer – If you are not the first person to take legal action related to the medical device in question, you may be eligible to join an existing multidistrict litigation (MDL) proceeding against the manufacturer. While this also involves filing a lawsuit, joining an existing MDL proceeding can both streamline the process and help maximize your chances of obtaining a pre-trial settlement.

What about joining a class action lawsuit? While medical device manufacturers will face class action lawsuits in some cases, these lawsuits generally do not provide an opportunity for patients and their families to fully recover their losses. While overall settlements and verdicts in class action cases can be quite large, individual participants’ compensation awards are typically fairly small. Since the financial and non-financial costs associated with medical device defects and failures can be substantial, it will be in your best interests to speak with a lawyer about filing a lawsuit of your own.

Of course, there are no guarantees, and what makes sense for you and your family ultimately depends on your specific circumstances. When you speak with a lawyer about your legal rights, your lawyer will be able to help you make an informed decision about how best to proceed.

5 Important Facts About Filing a Defective Medical Device Lawsuit

Deciding whether to file a lawsuit in this scenario is a big decision that could impact your life for years (or even decades) to come. As a result, you need to ensure that you make your decision wisely. Here are five important facts to keep in mind as you weigh your options:

1. A Medical Device Recall is Not Necessary to File a Lawsuit

While many medical device defects lead to recalls, a recall is not necessary to file a lawsuit. Manufacturers don’t always recall their defective devices, and it could be the case that the issue with your (or your loved one’s) medical device isn’t yet widely known. With this in mind, while you can certainly check to see if your (or your loved one’s) medical device has been recalled, if it hasn’t, this should not deter you from talking to a lawyer about your legal rights.

2. Medical Device Defects Can Take a Variety of Forms

Medical device defects can take many forms. Additionally, in many cases, patients and families who have claims for medical device defects will have other claims as well. For example, depending on the specific issue with your (or your loved one’s) medical device, our lawyers may be able to pursue claims including:

• Defective design
• Defective manufacture
• Inadequate warnings (failure to warn)
• Breach of express or implied warranties
• Negligence

Determining which claim (or claims) you should file requires a thorough assessment of your individual circumstances. Conducting this assessment requires in-depth legal knowledge, so experienced legal representation is essential.

3. Medical Device Defects Can Have a Variety of Consequences

Not only can medical device defects take a variety of forms, but they can also have a variety of consequences. Some examples of potential grounds to take legal action against a medical device manufacturer include:

• Breakage
• Erosion
• Migration
• Internal bleeding or trauma
• Infections

All of these are potentially serious issues that can have life-altering or life-threatening consequences. If you are dealing with any type of complication related to an implanted medical device, we recommend speaking with a lawyer as soon as possible.

4. The Financial and Non-Financial Costs of These Consequences Can Be Substantial

From medical bills and lost earnings to permanent scarring from revision surgery and emotional trauma, the financial and non-financial costs associated with medical device defects can be substantial. If you have grounds to file a defective medical device lawsuit, these are all costs that your lawyer can help you seek to recover.

5. Hiring a Lawyer to File a Lawsuit Costs You Nothing Out of Pocket

Hiring a lawyer to file a lawsuit against a medical device manufacturer costs you nothing out of pocket. Our lawyers (and others) handle these types of cases on a contingency-fee basis. With contingency-fee representation, you do not pay any up-front or monthly legal fees, and you do not pay anything at all unless your lawsuit is successful.

Do You Have Grounds to File a Lawsuit for a Medical Device Defect? Contact Us to Find Out for Free

Are you entitled to financial compensation for complications from a defective medical device? Contact us to find out for free. To speak with an experienced defective medical device lawyer at Searcy Denney in confidence as soon as possible, call us at 800-780-8607 or tell us how we can reach you online today.