Chicago Defective Medical Device Attorneys

Defective Medical Device Lawsuits

The combination of lax regulation and medical appliance makers who are focused on profit leaves tens of thousands of people each year at risk of serious injury from dangerous medical devices. These injuries can have life-altering consequences for the person hurt and their family.

You have legal rights when a faulty appliance has injured you or a loved one. At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates for injured patients harmed by medical appliances, and we can help you too.

You can file a product liability lawsuit against the company that designed and sold a dangerous medical product. Please contact our Chicago, IL injury law firm today to learn more about your legal options through a free consultation.

Chicago Defective Medical Devices Attorneys Helping Injured Patients

If you are one of the tens of thousands of people each year who have been injured by a faulty device (metal hip implants, other hip implants, etc.), you may be entitled to substantial financial compensation.

However, first, you need an experienced medical device attorney who knows how to navigate a legal system that is built to protect these medical device companies that sell faulty appliances.

A faulty device maker will use every trick possible to try to defeat your case because they are facing massive liability.

Medical Product Liability Claims Against a Manufacturer

One common misconception is that medical appliances are larger implants such as a pacemaker or the Medtronic insulin pump.

A faulty appliance could be anything implanted in the body or used outside the body used for medical purposes.

Many medical devices fail. For example, the hernia mesh that is implanted to try to stabilize and repair the muscles is a medical product. It means that the universe of possible faulty devices is very large.

Why There Are Thousands of Defective Medical Device Cases in the U.S

The United States is the largest worldwide market for medical devices, creating appliances that repair hernias, replace joints, prevent blood clots, expand blood vessels and fix other conditions. In the U.S., there are 6,500 device manufacturing companies that make faulty appliances.

It does not include foreign companies that sell products to US consumers. In 2017, the total size of the American medical market was over $150 billion.

Dangerous appliances could include:

• Surgical robots that help medical professionals reach difficult areas during medical procedures.
• Transvaginal mesh used in pelvic organ prolapse surgery
• Hernia mesh lawsuits
• IVC Filters
• Allergan Breast Implants
• Stryker hip lawsuit
• Surgical staplers that help the doctor close wounds after surgery
• Intrauterine devices
• Implantable contraceptives
• Cochlear ear lawsuit
• CPAP lawsuits
• Blood pressure cuffs used in the doctor’s office
• Talcum powder lawsuits

The lowest risk medical devices such as bandages are a Class I recall. Medical appliances with higher health risks are categorized as Class III. These devices have the highest chance of causing serious injury when they malfunction.

Defective product recalls are all too common in the United States. There were reports of over 1.7 million serious injuries caused by implanted appliances. Many implanted appliances caused medical issues due to improper or insufficient testing.

Often the patient's health is compromised when medical devices fail without appropriate warnings that would have prevented problems caused by medical malpractice.

Learn your legal options to file a medical malpractice lawsuit for financial recovery within the applicable statute of limitations. Please contact us today for a free consultation with our firm.

Why You Need an Experienced Defective Medical Devices Attorney

Unfortunately, the U.S. Food and Drug Administration (FDA) is an ineffective regulator of the medical appliance industry, allowing medical appliance companies to self-regulate.

The FDA 510(k) approval process approves many devices without rigorous FDA testing.

Over a ten-year period, there were 161 medical appliances in this category that were recalled. 98% of the recalled defective devices were approved through the 510(k) process.

Faulty devices have a number of negative medical consequences. Even if the patient is not injured, they may need to go through the trouble and expense of having to replace the medical appliances.

However, the major effects come when the defective medical device failed and causes physical harm. Then, there are a number of different damages that patients can suffer in the United States.

What Medical Device Manufacturers Must Pay You in a Lawsuit

Examples of recoverable damages (also referred to as compensation) in a faulty medical appliance case against the medical device industry include:

• Medical expenses, including the cost of medical and healthcare
• Lost wages
• Wrongful death damages

The first thing to know is what to do if a faulty appliance has injured you or a loved one. To begin the defective medical products lawsuit process, patients will need a medical diagnosis.

You should see a medical professional immediately to get treatment and correct the problem if possible. Since some medical device injuries can be life-threatening, you should see a medical provider immediately if you even suspect that something is wrong.

Manufacturers must let the FDA know about deaths or serious injuries caused by faulty appliances. Many times, the company will initiate most defective device recalls. In some cases, the FDA will force the recall.

When you are ready to file a medical product recall lawsuit, you should consult with a medical device attorney at an experienced law firm. Some medical malpractice lawsuits may be preempted, meaning that the manufacturer cannot be sued for state law claims when they file federal FDA regulations.

Your lawyer will know how best to argue the medical malpractice cases for the clients when the appliance maker tries to argue that it is exempt from a lawsuit.

Product Liability Lawyers Dealing with Medical Product Defects

Were you injured, or was a loved one a victim of wrongful death by a defective medical device (metal hip implants, other hip implants, and defective medical devices)? If so, you have legal rights. Call a Chicago lawyer for a free case consultation.

The maker of that product may be liable to pay you substantial financial compensation to cover past medical costs and future medical care, and additional surgeries.

Give the defective medical products lawyers of our Chicago, IL law firm a phone call at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation. You pay no out-of-pocket expenses and owe us nothing until we settle your successful case.

Let a personal injury attorney from our law firm help you recover compensation if your legal issue involves medical malpractice, a malfunctioning device, or another medical issue. We provide legal representation throughout Illinois, including in the following localities: Cook County, Kane County, DuPage County, Lake County, Peoria County, Winnebago County, Will County, and others.

Resources:

• NLM - Product Liability and Medical Device Regulation: Proposal for Reform
• NCBI - Software‐Related Recalls of Health Information Technology and Other Medical Devices: Implications for FDA Regulation of Digital Health