Defective Medical Devices
Medical devices can be used to treat a disease, illness, injury, or disability, but not if they are defective. In fact, a defective device can make the condition it was designed to treat worse, sometimes a great deal worse. In recent years, a number of medical devices have run into medical and legal problems, including:
If you or someone you love has suffered any adverse complications after receiving a defective medical device, please contact Wilshire Law Firm for immediate assistance. You may be entitled to hundreds of thousands, even millions of dollars in damages, including the cost of revision surgery. Our experienced defective medical device attorneys fight aggressively to obtain maximum recovery for our clients. We can handle your legal matters for you so you can focus on recovery. Call us today at (800) 522-7274 for a FREE consultation.
Who Can Be Held Liable for a Defective Medical Device?
In order to identify the liable party or parties in your case, you must first be able to deduce the cause. A medical device can become defected in one of the following ways:
- Defective Manufacturing – This can result from an error at the manufacturing facility, a shipping issue, or an error that occurs at the prescribing physician’s office. In other words, the defect can occur at any point between the factory and the place you acquire the device.
- Defective Design – Such a device may have been properly manufactured but still pose a danger because it is inherently defective due to its flawed design.
- Dishonest Marketing – This includes failing to provide adequate or accurate warnings about the potential dangers of a device; failing to provide adequate instructions regarding safe usage; giving bad advice to physicians, hospitals, or other medical providers who distribute the device; and misleading consumers and sellers.
Depending on the facts of your case, you may sue one or more of the following parties:
- Independent testing laboratory
- Sales representative
- Hospital or clinic
- Retail supplier
Discuss your case with a qualified attorney to learn more about your best legal options.
How Long Do I Have to File My Defective Medical Product Lawsuit?
Every state sets certain time limits, known as the statute of limitations, on bringing product defect claims. In California, claimants in these cases typically get two years from the date of injury to file their lawsuit. However, issues of discovery can complicate this matter, so it’s best to contact a legal professional as soon as possible to make sure your lawsuit gets filed in time.
Why Take Legal Action?
When a negligent manufacturing company releases a dangerous product to the public, it is imperative that the company is held accountable for their negligent actions. Otherwise, such oversights become encouraged due to the lack of accountability, putting the public at unnecessary risk. If you or someone you love has been injured by a defective medical device, it is beneficial for not only you and your family, but also everyone else, to take legal action against the liable parties.
How We Can Help
Our experienced defective medical device lawyers can fight to help you obtain full and fair compensation for medical bills, lost wages, pain and suffering, and more. If your loved one died due to a defective medical device, you may be able to pursue compensation for funeral costs, medical expenses and pain and suffering experienced prior to death, loss of economic support, and other damages through a wrongful death claim.
We have in-house investigators, innovative resources, and top-of-the-line technologies that can be used to investigate your case and determine whether:
- The medical device was properly designed and manufactured
- The physician was given proper warnings and instructions by the sales rep
- The product was tested thoroughly for effects before being released to the public
- The manufacturer over-promoted or exaggerated the safety or benefits of the device
Contact Wilshire Law Firm now to get started on your case. We are ready to serve your needs and to bring the company that has wronged you to justice.
Last Updated: 03-10-2017