Medical device manufacturers make products with the hope of saving or improving lives. The law requires that the products are tested and approved before getting to the market. The responsibility lies with the Food and Drug Administration. Unfortunately, some defective products inevitably slip through FDA-required inspections, and their use endangers lives.
If you have sustained injuries due to a defective medical device, you can file a lawsuit to get compensation for the damages. A Chicago injury law firm can review your case to determine if you have a valid claim. Defective medical device cases are often complex. You need the legal representation of a skilled and experienced attorney to defend your rights.
What are Some Examples of Medical Devices That Can Be Defective?
Medical devices are implants or other medical tools that medical practitioners use to treat an injury, disease, disability, or illness. They are prevalent in the medical field as many people rely on them to maintain their health or stay alive. However, they can be defective, leading to injuries.
- Metal on Metal Hips
- Contraceptive devices
- Hernia mesh
- Stents or tubes inserted into an artery to keep it from becoming blocked
- Defibrillators or small electronic devices inserted in the chest to create electric shocks for a normal heart rhythm
- Inferior vena cava filters
- Silicone breast implants
- Robotic surgical systems
- Insulin pumps
- Artificial vertebrae discs
Manufacturer defects in these products can cause long-term debilitating consequences to the users and, sometimes, death. Every year, the FDA receives numerous reports about injuries, deaths, and malfunctions associated with defective devices. You, too, should not be quiet if you’ve been a victim. Consult a Chicago defective medical device attorney for guidance.
What Injuries Do Defective Medical Devices Cause?
Defective medical devices can pose a severe risk the moment they stop working as they should. Your medical condition can worsen, and you could even lose your life. Some common injuries from defective medical devices include:
- Hearing loss
- Hear attacks
- Organ loss
- Nerve damage
- Permanent disabilities
Your injury depends on the type of defective medical device in question. For example, faulty implants frequently cause patients more severe harm than other devices. They can be the cause of nerve damage and ruptured blood vessels. You are in danger if the defective implants explode within your body.
Who Can Be Held Liable for Injuries Caused by a Defective Medical Device?
The product’s manufacturer is the first liable party for the injuries you sustain due to a defective medical device. All manufacturers have a legal responsibility to develop safe products for all consumers. If a product is faulty and the manufacturer realizes it, they have a legal obligation to warn consumers of the potential dangers associated with the device.
Unluckily, many manufacturers of faulty medical devices don’t take these steps. They avoid the negative press and intentionally choose not to recall the devices. If you believe a manufacturer failed in their legal duty to withdraw a medical product that injured you from the market, talk to a defective medical device attorney in Chicago. They’ll investigate the case and guide you.
What Product Liability Claims Can I Lay for Defective Medical Devices?
A defective medical device attorney in Chicago can help you file a lawsuit for a dangerous or defective medical device. The lawsuit is brought under a “product liability” fault theory, claims that fall into three categories as follows:
Defectively Manufactured Medical Devices
Devices in this category were manufactured incorrectly or were otherwise faulty before reaching you. The fault could have occurred due to a manufacturing error, a shipping mistake, or damage at the hospital or doctor’s office. In other words, the defect could have happened anywhere between the factory and the facility where you received the device.
Medical Devices with a Faulty Design
These devices might have met all the manufacturing standards, but they have an unreasonable design that results in injury. In some cases, the product may have been on the market for extended periods before causing injuries. Eventually, it breaks down and fails to function correctly. In this case, a plaintiff may claim that the manufacturer knew of the fault but ignored it.
Defectively Marketed Medical Devices
Any recommendation, warning or lack of it, or instruction concerning a medical device qualifies as marketing. Under this claim, failure by the manufacturer, sales rep, or doctor to provide accurate or adequate warnings about a device’s potential danger or instructions on safe use is enough reason to file a lawsuit.
Defective marketing also involves sophisticated sales pitches targeting the medical profession. In that case, the plaintiff may never have seen the ad.
What Damages Can I File a Compensation Claim For?
When filing a lawsuit for a defective medical device that injured you, a Chicago defective medical device attorney can help you seek compensation for:
- Economic damages: These represent hard numbers, often in medical bills and related expenses. You may have lost your source of livelihood due to the injuries. Therefore, you can claim loss of earning potential and missed wages.
- Non-economic damages: They include non-quantifiable injuries like loss of consortium, diminished quality of life, ongoing pain and suffering, and PTSD from the trauma caused by the defective device
- Punitive damages: The damages serve as a deterrent to manufacturers, designers, and hospitals. Consider them a fine for negligence when producing, designing, or maintaining medical devices. They’re a form of corrective punishment to discourage ongoing bad behavior. These are incredibly rare and require sheer recklessness from a manufacturer at a minimum; a judge must issue an order in Illinois permitting defective medical device attorneys to request these types of damages from the jury.
Learn Your Legal Options with The Help of a Medical Malpractice Professional
If you were the recipient of a medical device that malfunctioned or was misdiagnosed and harmed by a medical device, you could file a lawsuit. You have a right to seek compensation from the manufacturer for causing damage that put your life at risk.
A personal injury lawyer in Chicago can help you explore your options for medical damage, a worsening condition, or compromised health due to a faulty medical device. The settlement you get could cover your medical bills and related expenses.
Our legal team can provide the legal representation you need to prove your case and fight for the settlement amount you deserve. Talk to us today and let us help you.