Medical devices can save your life or improve the quality of your life, but they can also make you sick and kill you. There are medical devices that are defective, cause illness, pain and injury, and even death to the patient. How devastating might it feel to go through surgery only to discover that the implanted device is now causing you pain and making you sick? The trial attorneys at Michael J. Mestayer A PLC have extensive experience filing claims against the manufacturers of these defective products, and we can get you the compensation you deserve for your injuries and your other losses from a defective medical device.
Medical devices are designed and manufactured to repair adverse health conditions in the body. The U.S. Food and Drug Administration (FDA) has jurisdiction over the sale of these products, however; they routinely approve medical devices that have not had adequate testing. Some of the most common defective medical devices that have been recalled and have been the subject of products liability lawsuits include:
- Hip replacements
- Cardiac defibrillators
- Transvaginal mesh
If you or a loved one has been injured by a defective medical device, the attorneys at Michael J. Mestayer A PLC have the experience to handle the complex task of taking on the huge pharmaceutical product manufacturers.
There are different approaches we can take, depending on state law, in pursuit of financial recovery for your injuries and losses in a products liability action.
Strict liability claims allow you to receive damages without the requirement of proof of negligence on the part of the defendant. Strict liability laws vary by state, but in principle, they allow you to obtain compensation by showing that your injuries were caused by a defective product that was manufactured or sold by the defendant.
Negligence claims are based on the premise that defendant owed a duty of care to those who were going to make use of their product. In the case of defective medical devices - especially those that get implanted into the body of the consumer - the manufacturer's negligence could fall under some of the following categories:
- Faulty research and design
- Insufficient product testing
- Faulty manufacturing practices
- Failure to issue a warning to discontinue use of the product when the dangers first became apparent
- Failure to recall the product
As soon as a medical device has been found to cause problems or show defects, the manufacturer is required to notify the FDA and warn the public about the defect and the problems it has caused. Failure to notify the FDA about the known defect is considered an act of negligence and makes the manufacturer liable for any illness, injury or death that occurs as a result of the failure of the device.
If you have been injured by a medical device, it is vital that you take action immediately because there are statutory deadlines for filing a claim. The investigation will take time, so it is urgent that we start collecting evidence and interviewing your doctor and other parties concerned.
Your defective medical device claim could include compensation for the various losses you may have suffered including:
- Current and future medical expenses
- Lost wages
- Pain and suffering
- Diminished future earnings
- Permanent disabilities
Contact an experienced New Orleans products liability lawyer today
Call Michael J. Mestayer A PLC at 800-526-1850 or contact us online to schedule your consultation at our New Orleans, Louisiana office to discuss your products liability case and get answers right away.