Medical devices are a big business, with billions of dollars of revenue each year. 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 also increase. In fact, the number of FDA recalls doubled in the last 10 years.
Despite medical devices being critical life-saving components, manufacturers need to ensure that the devices they make are free of any potential risks that can cause injury or permanent damage. If you got injured due to one of these faulty devices, a defective medical device recall attorney can help you.
How to Know When You Should File a Claim for a Defective Medical Device
The Food and Drug Administration’s Center for Device and Radiological Health (CDRH) branch reviews and approves 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 as soon as possible. After you obtain medical advice and any treatment, you should reach out to an attorney to begin the process of filing your claim. The sooner you get in touch with a lawyer, the faster you can win your settlement and the stronger your case will be.
Statute of Limitations for Defective Medical Devices
Medical suits are more complicated than the typical personal injury case with a general statute of two years. Often the clock starts ticking once you learn that the device may have a possible harmful side effect. Because these rules are murky, it’s essential to contact a defective medical device attorney as soon as possible to protect your ability to file a claim.
Filing a Claim for Devices Not Yet Recalled
For claims involving medical devices that have yet to get recalled by the manufacturer or the FDA, 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. For example, 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 the hardening of breast tissues but do not cause autoimmune diseases. Still, many women were able to recover significant damages.
Don’t give up hope just because your medical device hasn’t gotten recalled yet. You may still have a case. The only way to know for certain is to consult with a lawyer about the merits of your case and the unique circumstances surrounding it.
Who You Can File a Claim Against for Your Defective Medical Device
The responsible party in a defective medical device claim is almost always going to be the device’s manufacturer. Very rarely are other parties involved. If your device was implanted or misused on you by a medical professional, that would mean you’d have to file a medical malpractice claim instead.
Because these medical device manufacturers are often billion-dollar companies, you will need qualified legal representation to fight for you. These corporations and their insurance companies have extremely strong lawyers and lots of resources to challenge the claim you file. If you’re on your own, you don’t stand a very good chance of negotiating for a fair settlement.
How Defective Medical Device Recall Claims Get Resolved
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.
Most cases tend to settle outside of court, with the manufacturing company paying settlements to all those affected. However, there are still many cases that do end up going to court, and it can potentially take a long time before you get your settlement.
You still have a life to live and can’t afford to spend every waking minute following up on a long legal battle. That’s why, on top of your class action lawsuit, you can also have a separate attorney you hire to help maintain your best interests throughout the entire process and ensure that you get kept up to date on everything that happens.
Average Amount of Compensation for Defective Medical Device Recall Settlements
These cases are very complicated, and generally, the settlements get awarded according to a matrix that looks at several criteria, including the 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.
Remember, a lot of how much you can receive in your settlement depends on many different factors. We can’t list every unique situation on this page. For more specific information and to understand all the legal options available for your case, it’s best to ask a defective medical device recall lawyer.
Types of Damages You Can Recover
Here is a shortlist of the damages that you can compensate for when filing your claim:
- Pain and suffering
- Mental anguish and emotional trauma
- Medical treatment and other medical expenses
- Lost wages or reduced earning capability
- Permanent disability or disfigurement
- Loss of consortium
- Loss of enjoyment of life
- Wrongful death
Our lawyers will calculate all your damages accurately and make sure nothing gets left out of your settlement.
Why You Should Hire a Local Attorney
These are the players in a class-action suit: billion-dollar manufacturers with large groups of attorneys, a team of expert plaintiff attorneys, and thousands of people like you who the device has injured. 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 defective medical device recall attorney represent you. Our case results and testimonials speak for themselves. We always dedicate ourselves 100% to every case we take for our clients.
Talk to Our Defective Medical Device Recall Lawyers Today
The goal of our defective medical device recall lawyers is to ensure that you get the maximum amount of compensation for your settlement. We don’t want to see you have to settle for a lowball offer from the insurance company or the medical device manufacturer.
With more than 20 years of experience, you can trust the team at John Foy & Associates to help you. Contact us today for a free consultation.