Atlanta Defective Medical Device Lawyers
Injured Due to a Faulty Medical Device? Call (404) 995-3955
Medical devices are designed and prescribed to diagnose, prevent and treat patients. However, we often see that medical devices actually cause harm instead of preventing it. These devices often fail to fulfill their intended use. In other cases, poor material or manufacturing could cause the device to deteriorate and cause injury and serious harm to the patient. When this occurs, it must be determined if the victim or the victim's family has a valid product liability claim against the manufacturer of the product.
The experienced defective medical device lawyers at Grant Law Office handle different types of product liability cases. We fight for our clients' rights and ensure that negligent corporations are held accountable for the dangerous products they put on the market. Manufacturers of medical devices have a moral and legal obligation to properly test their products before marketing them to consumers.
What is a Medical Device?
Just about any device prescribed and used by medical practitioners to treat an illness, injury, disease or disability is considered a medical device. Devices that can prove dangerous include heart defibrillators, contraceptive devices, vaginal mesh implants, knee and hip implants, insulin pumps and artery stents.
Types of Defects
Medical devices are dangerous when they are:
- Defectively manufactured: These devices have a proper design but are assembled incorrectly at the manufacturing facility.
- Defectively designed: A poorly designed product is dangerous whether or not it is assembled correctly. These types of devices often fail or break down long before their expiration date.
- Defectively marketed: The manner in which a medical device is marketed will determine how it is used. A defectively marketed medical device may have an inadequate warning label or it may lack instructions regarding safe use.
Who is Responsible for a Defective Medical Device?
Product liability claims are often complex and confusing because of the number of potential defendants. Victims of defective medical devices may file a lawsuit against a number of different parties, including the manufacturer, a medical sales representative, the doctor who recommended the device, the hospital or clinic involved, the retail supplier and even the testing laboratory that failed to properly test the product before recommending it for sale.
Elements of a Successful Claim in Atlanta
No matter whom you choose to file a claim against, you will have to prove that you were injured, that the medical device was defective in some way and that the defect caused your injury. Proving that the device was defective is often the most challenging part of the claim. One way to support your claim is to find similar cases and complaints. Many devices have been recalled in recent years and many others are currently under investigation. When the same defective medical device injures a significant number of people, a class action lawsuit may be needed to consolidate the claims.
Medical Device Recalls
The U.S. Food and Drug Administration (FDA) is the federal agency that approves medical devices for sale in the United States. The FDA also monitors reports of adverse events and other issues with medical devices. The agency also alerts health professionals and the public when needed to ensure the proper use of these devices and the health and safety of patients using these devices.
If many patients have suffered similar injuries because of the same device, the affected individuals may be able to join or file a class action lawsuit. These types of lawsuits are often the most effective way to hold a large corporation accountable for harming a multitude of individuals. However, it is only advisable to join a class action lawsuit if your injuries are relatively minor. If you or a loved one has suffered more significant injuries as a result of the device, it may be in your best interest to file an individual product liability claim.
Contacting an Experienced Atlanta Medical Device Defect Lawyer
Victims of defective medical devices suffer injuries and setbacks that cause significant emotional and financial issues not only for them, but also their families. For example, a person who has a defective hip implant may have to go in for revision surgery so that the faulty implant may be removed and replaced with another one. The patient not only has to endure the physical pain and suffering caused by unnecessary surgery, but must also bear the medical expenses and income lost as a result of time away from work.
If you have suffered the consequences of a defective medical device, the experienced Atlanta product liability lawyers at Grant Law Office can help you better understand your legal rights and options. We have the knowledge, skill and resources it takes to prove these cases. Please contact us at (404) 995-3955 or (866) 249-5513 for a free, comprehensive and confidential consultation.
Recent Defective Medical Device Verdicts and Settlements
- $750,000 - Defective medical product injury.
- $650,000 - Medical malpractice, injury, misuse of medical equipment.
- $275,000 - Defective medical product injury.
Click here for more verdicts and settlements.