Have you or a loved one been harmed by a defective medical device?
When a defective medical device has caused a serious injury or the death of a loved one, you have the option to seek legal action and financial compensation with the help of an experienced, capable attorney.A lawsuit like this falls under product liability law, which holds the manufacturer of a defective product liable for injuries or damages caused by their product. A claim may be filed individually or as part of a defective medical device class action lawsuit. In a successful claim, victims may be able to recoup money to address hospital bills, funeral costs, lost wages, pain and suffering, and other damages. Here at Van Wey Law, our attorneys have years of experience litigating product liability and defective medical device cases, and we are standing by to discuss your potential lawsuit and your specific needs. These are complex claims, and often victims need an experienced legal team with a long history of working with families on types of cases.
How Do Defective Medical Devices Cause Injuries?
Millions of Americans benefit from the use of a wide range of surgical and medical devices. As with any product, however, there is potential for a defect that can result in injury or death. This risk is compounded by the inherent risk associated with medical products. Product recalls help to get dangerous devices off the market, but these recalls are usually not made until a number of injuries and/or deaths have already occurred.
Who is Liable?
The FDA is responsible for approving medical equipment and devices, but ultimately, the liability for a defective medical device injury lies with the manufacturer and associated parties. Those who may be found liable in a claim include:
- Product Designer
- Drug Manufacturing Company
- Product Marketer & Distributor
- Other Medical Professionals
Because of the complexities and multiple parties involved in a defective medical device injury claim, it may be helpful to speak with one of our experienced attorneys here at Van Wey Law before pursuing legal action. This can help you to determine if a medical device is responsible for your injuries and assist you in identifying the liable parties.
Do You Have Grounds for a Defective Medical Device Injury Lawsuit?
We work with you and your family to determine if you are eligible for a lawsuit, either as an individual or as part of a mass tort (class action lawsuit). While many factors go into whether or not you qualify for a lawsuit, here are some of the questions you can use to determine whether or not legal action may be possible:
Is there proof of serious or fatal injury?
If the defective medical device injuries were minor or dissipated without additional medical intervention, there may be no basis for a claim.
Were there tangible and intangible damages?
There may be a basis for a claim if a client incurred serious hospital and medical bills, lost wages, loss of future income, pain and suffering, funeral costs, loss of companionship, and other losses.
Was someone else liable for the injuries or death?
A medical device recall attorney must be able to prove a connection between the defective medical product and manufacturers and the injury or death. Kay Van Wey and her team will work with you and your family to answer these questions and determine if you have the grounds for a claim. If you qualify for a claim, Van Wey Law will investigate the details of your case, collect evidence and witness testimony, and handle all aspects of the case.