Defective Medical Devices
Medical devices are meant to help treat illnesses, injuries, diseases, or disabilities, but this may not be the case if they are defective. In fact, a defective device can make the condition it was designed to treat worse. In past years, several medical devices have run into legal and medical problems, including:
- Surgical meshes
- IVC Filters
If you or a loved one have gone through complications after using a defective medical device, please contact The Law Offices of Zappettini & Bradley for immediate consultation. You may be entitled to thousands, or even millions of dollars in damages, including costs associated to any revisional surgery. We will fight vigorously to obtain maximum recovery for our clients. Your first priority should be focusing on recovery, we’ll handle your legal matters. Call us today at (916) 457-5022 for a FREE consultation.
Who is Liable for a Defective Medical Device?
Identifying the liable party or parties in your case requires us to deduce the cause. A defective medical device can culminate in one of the following ways:
- Dishonest Marketing includes:
- failing to prost necessary warnings about the side effects or potential dangers of a device.
- failing to provide appropriate instructions to ensure safe usage of a device.
- giving poor advice to medical providers, hospitals, or physicians who distribute the device.
- and intentionally misleading sellers and consumers.
- Defective Manufacturing – Errors can occur in the manufacturing facility, shipping process, or the prescribing doctor’s office. The defect may occur at any point between the manufacturing process and the place you ultimately acquire the device.
- Defective Design – Occasionally properly manufactured devices can still pose a danger because of inherent defects due to flawed design or development.
You may sue one or more of the following parties, depending on the facts of your case:
- Hospital or clinic
- Sales representative
- Retail supplier
- Independent testing laboratory
Make sure to utilize a qualified lawyer to help you navigate the best legal route.
In what Time Period can I File My Defective Medical Product Lawsuit?
Every state sets its own statute of limitations on bringing product defect claims. In California, claimants typically have two years from the date of injury to file their lawsuit. Issues of discovery can complicate the lawsuit, so be sure to contact a legal professional as soon as possible to make sure your claim is filed in time.
Why Should I Take Legal Action?
When an incompetent manufacturer releases a dangerous device to the public, it is imperative that they are held accountable for their actions. If they go unchallenged, oversights will continue due to the lack of accountability, putting other patients at unnecessary risk. If you or a loved one has been injured by a defective medical device, it is beneficial for you, your family, and other affected individuals, to take legal action against the liable parties.
How We Can Help You
At The Law Offices of Zappettini & Bradley will fight to help you obtain fair and full compensation for pain and suffering, lost wages, medical bills, and more. If a loved one died due to a defective medical device, you may even be able to pursue compensation for pain and suffering, funeral costs, medical expenses prior to death, loss of fiscal support, and other damages through a wrongful death claim.
We have intensive resources, in-house investigators, and high-grade technologies that can be used to investigate your case and determine whether:
- The manufacturer incorrectly promoted or exaggerated the benefits or safety of the device
- The device was thoroughly tested for effects prior to public release
- The medical device was designed and developed properly
- The sales rep gave proper instructions and warnings to the physician
We are here to serve your needs and to bring justice to the party or parties that have wronged you. Contact The Law Offices of Zappettini & Bradley now to get started on your case.