Defective Medical Device Lawyer

Medical devices can make our lives longer, healthier, and happier. But unsafe devices can cause lasting harm to the people who use them. Victims may suffer when devices have a flawed design or have unintended side effects, leading to other health problems. When a medical device manufacturer designs or produces a faulty product, they may be liable for the damage the product causes.

At Bubalo Law PLC, we represent people who have been harmed by dangerous medical devices. We are nationally recognized trial attorneys who help individuals pursue compensation from those responsible for their injuries. We’ve fought and won complex litigation involving medical devices, dangerous pharmaceuticals, and many other medical products. Whether the device that injured you was faulty in design, manufacture, or marketing we have the knowledge and skill to help you fight and win. Our law firm is nationally recognized and has achieved multi-million-dollar settlements and jury verdicts. We are honored that other attorneys know our work and refer clients to us for representation in the complex area of medical device litigation.

We understand how difficult it can be to recover from an injury caused by a faulty medical device. We’re here to help you seek just compensation. For a free consultation, contact us today at 866-870-2489 or use our online chat and contact forms.

 

In a defective medical device lawsuit, there are many types of compensation that may be recovered. These may include:

  • Medical bills. Anyone who has received a medical device knows how expensive medical care and equipment can be. These type of devices can be expensive in their own right. If a device malfunctions, a patient may have to undergo additional medical procedures to remove the faulty device and replace it. If a faulty medical device has injured you, you may be entitled to the cost of medical care now and in the long-term.
  • Lost income. You may be in so much discomfort that you are unable to work and lose income as a result. If a medical device injury has prevented you from working, or will prevent you from working in the future, your case may include compensation for lost income.
  • Pain and suffering. The pain and stress of an injury can be debilitating and cause serious physical and emotional issues. Anxiety, depression, insomnia, and many other serious problems can result from a defective medical device.
  • Punitive damages. In rare cases, the responsible parties may have to pay punitive damages. Punitive damages are a type of damage used to punish parties for extraordinary negligence or deception in their activities. These damages are intended to punish the party and send a clear signal to others that the behavior will not be tolerated.

These types of damages and more may be available in your case. An experienced defective medical device attorney at Bubalo Law PLC can review your situation and help you understand your options for recovery.

 

Medical device lawsuits are complicated, but in general, you’ll have to prove the following elements of your case:

  • You used the device in accordance with the manufacturer’s instructions. For some medical devices, it’s possible to use them incorrectly and harm yourself. For implants and other internal devices, you have no control over the product. You’ll need to show that if you had control over the product, you were using it in accordance with instructions or as intended.
  • You suffered a preventable injury. Perhaps a medical device caused a medical emergency that required treatment. Devices may also cause injury over the long-term. You’ll need medical records and testimony from medical professionals to help prove your injuries.
  • You must show that the medical device was directly responsible for the injury. Sometimes, when a device is faulty, it will directly impact the user. Other times, the link between the device and the injury may be less clear-cut. Medical records, expert testimony, and other tools can be used to prove the link between the device and the injury.
  • The medical device was defective in design, manufacture, or marketing. Defective design means that the device is not safe to use from the start. Defective manufacture means that although the design may have been workable, there was a problem in how the device was built. Defective marketing means that users and others were not warned of dangers, or that the device was marketed for a purpose it was unsuitable for.

There are many steps in investigating a dangerous medical device to develop a case. We’ve worked with clients, medical professionals and biomedical engineers to document the injuries that medical devices have caused.

When we investigate a dangerous medical device, we:

  • Examine device approvals. Nearly every medical device must be certified by the Food and Drug Administration (FDA) or other governmental organization. Manufacturers must document the trials and tests they performed during development and testing. They must show their device is safe when used as intended. FDA and other certifications can help show that a manufacturer successfully navigated the regulatory review process, but they are not a guarantee of product safety. Some medical device defects and adverse side effect only appear when a medical device reaches the market and is used with many patients. We’ll review the device’s application and approval to identify any problems and whether there are issues the manufacturer should have detected before introduction to the market.
  • Study device recalls. The interactions between a medical device and the human body are extraordinarily complex. Some devices are recalled only after problems become known. We will find the reports and device recalls that are relevant to your case. We’ll also review the technical details of the recall to understand how it may be related to the injuries you’ve suffered.
  • Examine the design, manufacture, and marketing of the device. Flaws with the design or the manufacture of a medical device can lead to product failures and long-term injury. When the marketing of the device fails to include adequate warnings of side effects, patients who use the device may suffer preventable harm. Our dedicated attorneys will investigate all possible issues with the device.
  • Determine if others have suffered similar types of injuries. When a medical device is faulty in design or manufacture, other patients will often suffer the same types of injuries and adverse effects. We will search for complaints about the device and determine whether there is a pattern of problems.
  • Review the facts of your case to understand your injuries. We’ll study medical records, and we’ll work with doctors and organizations that used your medical device. We’ll examine the reasons why the device was selected and how your injuries may be related to the device.
  • Work with medical and engineering experts to understand how the device failed. When your medical device fails, there may be many causes. It may be a flaw in the design or manufacture of the device. It could be how the device was implanted. It may be the failure to remove a medical device that was only designed for temporary use. We’ll investigate all the possible causes and determine your best options for recovering compensation and being made whole.

All parties involved in the design, manufacture, testing, marketing, and sale of the device may be potentially responsible. They include:

Designers and manufacturers

The people who designed the device and produced it are usually at fault in a medical device case. They have control over how the device was designed, how it was made, and how it was tested.

 

Marketing groups

Those who sell medical devices may fail to warn customers and doctors about the dangers of their product. In some cases, they may try to market a product for unapproved or off-label uses. When this happens, the marketers may be liable for injuries caused by the product.

Device testing laboratories

As part of the medical device certification process, there must be a review of the efficacy and safety of the device. Sometimes the groups who design and manufacture a device send it to independent laboratories. These labs oversee the tests to show whether the device is safe and ready for public use. When these labs fail to catch errors and problems with the device, they may be responsible for your injuries.

Doctors and hospitals

Doctors and hospitals have strict duties regarding the health and well-being of their patients. Disclosures of dangers, side effects, and known risks with the device must be conveyed to patients. When doctors and healthcare organizations fail to inform the patient about the device, they may be liable.

If you’ve been injured by a medical device, we can help you fight for compensation. At Bubalo Law PLC, we are privileged to use our legal skills to help injured patients hold medical device manufacturers accountable after they have been harmed. These include:

Medical Devices

Hernia mesh

Hernia mesh is used to repair hernias but can cause many problems. Mesh can cause infections. In some cases, it may move inside the body and perforate surrounding tissue and organs. This can cause severe pain, nerve damage, and other serious complications, requiring additional surgery.

Transvaginal mesh

This type of surgical mesh is used to repair problems with pelvic organs. Transvaginal mesh can migrate in the body, break apart, and easily pierce surrounding tissues resulting in severe pain, bleeding, infection and other complications.

Metal-on-metal hip replacement

Metal hip replacements can cause problems for patients including allergic reactions, numbness, swelling, and difficulty walking. Hip replacements also may cause more severe problems such as neurological impairments, thyroid problems, and kidney impairment.

Essure birth control

This permanently implanted birth control product can cause pain, bleeding, headaches, and many other complications. If you suspect you’re suffering injuries from using an Essure contraception device, contact an attorney today.

IVC Filters

IVC filters are supposed to help prevent dangerous blood clots. However, they have problems of their own. The devices may fracture or migrate in the body causing serious injury to organs. Some IVC filters are only intended for temporary use.

SynchroMed drug pumps

Drug pumps regulate the amount of medicine that is given to patients. When these pumps malfunction, they can deliver too much medicine or not enough.

Heart stents

Heart stents keep arteries open and flowing. Too often though, they can lead to clots and other complications that can threaten a patient’s life.

Jude Medical Implantable Cardioverter Defibrillators (ICDs)

ICDs monitor a patient’s heart and provide electrical charges to keep the heart operating correctly. If this device or their batteries fail, it can lead to serious problems and even death.

There are many defective and dangerous medical devices on the market. If you believe you have been injured by a faulty one, contact a defective medical device attorney today. An attorney can review your case and help you understand how to proceed.

The amount of time that you have to file a claim is often referred to as the “statute of limitations.” Statutes of limitations vary from state to state and depend upon the type of claim. In many states, victims of medical device injuries generally have one year from the date of discovery of the problem to file a case. In some cases, this period begins to run after an FDA or manufacturer recall. If you fail to file within the time allotted, you may lose your right to seek compensation.

If you have suffered injuries and you suspect a defective medical device was the cause, don’t wait to get legal advice. Give yourself and your attorney the advantage of time to investigate and prepare your case. If you have been injured, or your medical device has been recalled, contact an attorney today.

Medical devices should make our lives better but too often they do more harm than good. At Bubalo Law PLC, we understand the pain and confusion that can arise from using faulty equipment. Our experienced attorneys have worked with victims, government regulators, medical professionals, and engineers to hold device designers and manufacturers accountable.

Our attorneys have years of experience representing medical device injury victims in every type of proceeding. We can investigate your case, negotiate a settlement that works for you or advocate for you in court. We proudly represent injury victims, and if you or a loved one has been harmed, we can put our experience to work for you.

For a free consultation about your case, contact us online or call us at 866-870-2489 today.

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