The use of appropriate medical devices can be innovative and life saving. But when a medical device is improperly designed or manufactured, the result can be life-altering or even fatal.
Whether a medical device is placed inside the body, or used as a tool curing surgery, it can cause severe harm or death when it malfunctions.
Defective medical devices can also lead to lengthy and complicated lawsuits. It is essential to seek the experienced counsel of our Birmingham medical device lawyers. Our attorneys at Riley & Jackson, P.C. understand the problems a defective medical device can cause. These devices can put your health in serious jeopardy and leave you with a mountain of medical expenses.
We provide you with comprehensive service designed to secure maximum results that can help you reclaim your life. Our Birmingham medical device litigation lawyers will fight for your right to take legal action and hold the responsible party liable for their actions.
The Impact of Faulty Medical Devices
Faulty medical devices can cause serious harm to patients, some of which may be irreparable. The U.S. government Accountability Office (GAO) reports that defective medical devices have been responsible for 83,000 deaths and over 1.7 million injuries in the last decade.
Medical devices are considered faulty when they are improperly designed, or do not work as they are designed to, and as a result are unsafe and harmful to individuals exposed to them. Some common types of defective medical devices include:
- Pacemakers
- Implants such as shoulder, knee, or hip replacements
- IVC filters
- Meshes
- Stents
- Infusion pumps
- Operating room heaters
Each of these devices is designed to serve a vital function in the body and improve the wellbeing of a patient. For someone with a pacemaker, the device can even be critical for keeping an individual alive. Because these devices are so important to so many individuals, an unsafe design or a malfunction can cause catastrophic harm.
Reasons for Medical Device Defects
Unsafe medical devices can occur for a variety of reasons. However, most often they arise during the origination and production of a medical device. Poor design or manufacturing errors can cause devices to be faulty from the start. Sometimes these product flaws may not be discovered until it’s too late and patients have come into contact with them.
Another factor that can contribute to defective medical devices is how they arrive on the market. Manufacturers can submit what is known as a 501(k) clearance to the Food and Drug Administration (FDA) to get the product to market quickly, before adequate testing takes place.
Manufacturers request authorization for their device by showing that it is “substantially equivalent” to devices that already exist on the market. The majority of medical devices are authorized in this way. However, there has been a correlation between these clearances and safety recalls.
Medical Device Recalls and Their Classifications
When it is discovered that medical devices are defective, the FDA will issue a recall to take the device off the market. When this occurs, the FDA uses a classification system to rank the severity of recalls based on the effect the defective product can have on a person’s health. There are three classes of medical device recalls which are:
- Class I: The faulty medical device is certain to cause death or severely affect an individual’s health. This is the most serious of all the recalls.
- Class II: The faulty medical device may cause harmful but reversible health effects. Severe effects are minimal.
- Class III: The faulty medical device is not likely to negatively impact the health of an individual.
Medical Device Lawyers Provide Valuable Support and Legal Guidance
A Birmingham medical device lawyer can help you navigate the many complexities that come with defective medical devices. Who you file a claim against is impacted by the specifics of your situation. Most of the time, defective products originate with the manufacturers during the design or production phases.
However, if a physician knowingly uses a product that is unsafe or has been recalled, then they can be held responsible instead. We can help you understand the details of your specific case to determine who to include in your claim and what options and actions are available to you.
When you file a claim, we will do everything we can to make sure you receive justice and are not left to deal with the aftermath on your own. We will also protect your rights and make sure that you do not get taken advantage of when you are most vulnerable.
Additionally, as your attorneys, we will verify and ensure that your claim falls within the statute of limitations for negligent medical device injuries.
The Riley & Jackson, P.C. Difference
At Riley & Jackson, P.C., we prepare better than anyone else to secure the most favorable outcome for our clients. We thoroughly investigate each and every case and review them from all angles to identify and use the best strategies possible to get results. We will not be outworked, and we will not back down just because the work is hard.
Recovering What You Have Lost Due to Faulty Medical Devices
When you have been injured by a faulty medical device, receiving the proper treatment is essential to reversing the harm that has been done. However, this can be costly and leave you wondering how to cover the necessary expenses to treat your injuries or replace any implanted devices.
Compensation can help offset your financial burden by providing monetary relief to help you recover your losses. A Birmingham medical device lawyer can help you recover the following:
- Expenses from medical tests, treatments, replacements, and more
- Home modification expenses
- Lost earnings from being unable to work
- Disabilities
- Pain and suffering
- Depression, anxiety, and other forms of mental and emotional distress
- Reduction in quality of life
- Loss of enjoyment, companionship, or consortium
- Riley & Jackson, P.C. Will be Your Champion During a Difficult Time
The lawyers at Riley & Jackson, P.C. are prepared to help you navigate the complexities of medical device litigation. We fight for you from start to finish and beyond to help offset the pain, suffering, injury, and adversity you have dealt with from faulty medical equipment.
Our team is committed to getting you the representation and compensation you need to heal and move forward with your life. To that end, we use a contingency model to ensure you have access to legal services when you need it the most. You only pay us if we win your case, so you do not have to pay anything out of pocket.
Our expertise spans a wide range of personal injury cases, including:
- Motorcycle Accident Lawyer
- Slip and Fall & Premises Liability
- Spinal Cord Injury Lawyer
- Nursing Home Abuse Lawyer
- Wrongful Death Lawyer
- Truck Accident Lawyer
- Medical Device Lawyer
- Medical Malpractice Lawyer, AL
To learn more about our team and to pursue legal action, call us at (205) 879-5000 or contact us online to schedule your free consultation.