Medical devices are a big business, with an estimated $64.7 billion in revenue in 2012. Pacemakers, heart valve pumps, insulin pumps, artificial knees and shoulders, vaginal meshes, breast implants are all common day devices that improve our lives greatly. The FDA has classified and described over 1,700 distinct types of devices. As the numbers of these devices grow, it’s understandable that the risk involved will grow as well. In fact, the number of FDA recalls has doubled in the last 10 years.
What if a loved one or I have suffered an adverse effect to a Defective Medical Device?
Our attorneys are experienced at representing people who have been harmed by a Defective Medical Device. John Foy & Associates stay current on what devices have liabilities or have been recalled. We can help you.
The Food and Drug Administration’s Center for Device and Radiological Health (CDRH) branch is responsible for reviewing and approving medical devices. According to the FDA rules, if you’ve been implanted or are using a medical device that is deemed unsafe your physician must contact you. If you received such a letter, call your physician for medical advice, but call a Medical Device Attorney at John Foy & Associates to find out how you can recover damages.
Is there a time limit to file a claim against a defective medical device?
Medical suits are more complicated than the typical personal injury case that has a general statute of limitations of two years. Often the clock starts ticking once you learn that the device may have a possible bad side effect. Because these rules are murky, it’s important to contact a Defective Medical Device Attorney as soon as possible to protect your ability to file a claim.
If I am suffering from a defective medical device that has not been recalled, do I still have a claim?
If you think your suffering is because of a defective medical device, give us a call at 404-400-4000. We have the experienced attorneys and medical experts who will research your case. In these types of claims the key is in proving that the cause of your suffering is indeed the device. This can be difficult, especially if you’ve identified a problem before it’s become common knowledge.
Sometimes a device is never removed from the market but has serious implications. Silicone breast implants were in litigation for decades and never removed from the market. The Institute of Medicine published a 400-page report stating that implants may cause hardening of breast tissues but do not cause autoimmune diseases. Still, many women were able to recover significant damages.
Who is the responsible party of the defective medical device?
The responsible party in a defective medical device claim is usually the manufacturer of the device. Because these manufacturers are often billion-dollar companies you will need qualified legal representation to fight for you.
How are these cases generally tried?
In the cases of defective medical devices, the courts often designate a group of lawyers to try these cases on behalf of anyone who has been affected. These are class action cases. Generally the lawyers find a “lead plaintiff” who best represents the class. You, as a plaintiff, can hire your own counsel who will then keep you posted and we urge you do to so.
What do I have the right to recover in a defective medical device case?
These cases are very complicated and generally the settlements are awarded according to a matrix that looks at several criteria, including seriousness of the injury. While the Stryker Orthopedics hip replacement settlement was a base of approximately $300,000 a patient, other settlements are not so cut and dry.
If there is a class action suit, why should I hire a local attorney to help me?
These are the players in a class action suit: Billion-dollar manufacturers with large groups of attorneys; a team of expert plaintiff attorneys; thousands of people like you who have been injured by the device. With a personal injury law firm, like John Foy & Associates, in your corner, your interests will be protected. We’ll work hand in hand with the plaintiff’s attorneys and we’ll keep you posted on the trial’s progress. You will never be charged double or extra for legal fees for having a local attorney represent you.
“If you hire our firm, you’ll have a local contact, someone in the community who will keep an eye on your case,” says firm founder John Foy. “We’ll make sure that we communicate your options with you.”
Our attorneys are at 404-400-4000. Your call will be free and confidential.
The attorneys at John Foy & Associates are currently researching and investigating potential lawsuits on behalf of victims who were injured by the following medical devices: