Getting Just Compensation for Medical Device Problems
For many people, medical devices improve quality of life or are essential to good health. Unfortunately, when medical devices do not perform as intended, users may experience severe side effects or a worsening of the original condition. In extreme cases, victims of medical device problems may be at risk for fatal injuries, or they may have to undergo risky revision surgeries. Fortunately, victims may seek compensation for their suffering by filing a product liability lawsuit.
When Can a Product Liability Suit Be Filed?
There are three primary ways a company may fail in its duty to produce a safe device. These are:
- Defective manufacturing. This occurs when a product is properly designed but damaged during production, shipping, or at some other point before it reaches the recipient.
- Defective design. This occurs when a product has an inherently dangerous design that has the potential to harm users regardless of how well the product is manufactured.
- Defective advertising. This occurs when the manufacturer or producer fails to properly instruct users on safely using the product or warn of known risks. The bad advice of a doctor, salesman, or other intermediary may also fall under this category.
To win compensation in a product liability suit, victims of medical device problems must show a failing in one of the three categories above. As evidence, victims may use testimony from their own physicians and admissions from the company that manufactured the device.
What If a Device Has Been Recalled?
Sometimes, medical device recalls are issued when widespread problems with a product become evident. Issuing a recall can help a company prevent further liability. However, people who were using the product prior to its recall and were harmed as a result still have grounds for a product liability case. In fact, it may be easier for these victims to settle their claims, since the company has already conceded that there is an issue with the product.
How Does a Claim Proceed?
Before making a claim or taking other action, victims of defective medical devices should speak with a product liability attorney. An attorney can provide advice on gathering evidence and filing the claim. Ultimately, an attorney can also help a victim determine whether to negotiate a settlement or take the case to trial. To discuss your defective medical device case with an experienced attorney from Robert B. Sykes & Associates, call 801-533-0222 today.