The power of medical technology is undeniable, but unfortunately, even specialized healthcare devices are almost never 100% perfect. In the span of just nine years, the FDA received right under 5.5 million reports of complications relating to medical devices. These devices can have remarkable abilities, but when complications occur, the same life-saving technology can become life-threatening.
Fortunately, medical device manufacturers can be held strictly liable for any harm inflicted upon the patient. A defective product injury claim can allow hurt victims to recover the costs of their medical treatments, future care, lost wages, and pain and suffering.
If you have experienced complications with a medical device that resulted in an injury, call Singh Ahluwalia Attorneys at Law for help. We are passionate about helping California families recover from accidents causing personal injury, and we would be happy to represent you. Our attorneys have years of experience representing our clients, advocating for their legal rights and financial best interests during every step of litigation. For the convenience of our clients, we speak English, Hindi, Punjabi, and Spanish.
Call (559) 878-4958 or Contact us online to speak with a trusted member of our team who can help you get started by scheduling a consultation with one of our lawyers. All consultations are conducted by one of our experienced attorneys.
What Can a Defective Medical Device Attorney Do for You?
A global investigation effort led by over 50 different organizations found that over a 10-year period, an estimated 1.7 million injuries and almost 85,000 deaths were suspected to be related to a defective medical device. This has become an increasingly investigated issue as an alarming number of reports are filed each year.
An attorney can help you through your defective medical device claim by offering advocacy and guidance. Walking through this journey in isolation won’t benefit anyone except an insurance representative, who may see your lack of representation as a go-ahead for setting common insurance claim traps. When you work with a legal team, you gain representation but also a team of supporters who can prepare you for each step of the claims process.
A legal team may grant peace of mind by providing invaluable advocacy, and their other services include:
- Comprehensive management of your case from start to end: Organizing every aspect of your own case can get overwhelming, especially if you don’t have previous experience with defective products claims. A legal team can save you time and energy by overseeing the steps of your litigation process, and answering any pressing questions along the way.
- Thorough investigation of your accident, including any harmful defects: An attorney can deep-dive into the evidence of your claim, with the intent of extracting key information that may be valuable during later stages of the litigation process, such as negotiations.
- Precise valuation of your damages — past, present, and future: Your attorney can help you evaluate your damages, including those you may fall subject to in the future. The team at Singh Ahluwalia is committed to protecting the best interests of our clients not only in the present, but will also advocate for your future costs to be considered in compensation, too.
- Protection from common insurance claim traps: Insurance representatives are notorious for asking leading questions, especially in regard to proper device usage. They may also inquire about your full medical history, digging for pre-existing conditions. An attorney will protect you from disclosing more information than is truly necessary.
- Compassionate representation: Our team at Singh Ahluwalia can keep you updated about every step of your case, and help you take control of your own journey with the help of knowledgeable professionals. Our goal is to help our clients get back to a feeling of normalcy in their lives, without the weight of the costs of medical bills and other losses weighing them down.
Where Can I Find the Latest Recalls Right Now?
The Food and Drug Administration (FDA) is responsible for pulling defective products off of shelves. If you rely on a medical device, it is crucial that you keep yourself up to date with any recalls that the FDA reports to the public. Conveniently, there is a page on the FDA website where you can check for various types of recalls, including specific categories relating to a medical device you use. You can select the “Medical Device” filter, or type your device directly into the search bar for related results.
The FDA frequently updates its recall list, so it may be beneficial to check its site multiple times a month for your own protection when relying on a medical device. If you believe you have noticed any complications with your own medical device, immediately seek medical attention and report the complication to the FDA.
Most Common Types of Defective Medical Devices
While all medical devices have the capacity to fail and cause harm, there are some products that experience complications more commonly than others. Many items on this list are some of the most prevalent treatment devices used in the medical field, meaning that their capacity to cause harm throughout the population is even greater.
Some of the most commonly reported defective medical devices include:
- Artificial joints
- Heart valves
- Hip replacements
- Breast implants
- Insulin pumps
- Kidney dialysis filters
- IVC filters
- Pacemakers
- Intrauterine devices
- Defibrillators
Who is Liable for a Defective Medical Device
It is crucial that victims contact a Fresno defective medical device lawyer because of how intricate these cases can be. Even when pursuing a strict liability claim, defects can be tough to prove. When multiple parties can be deemed liable, like in a defective medical device injury, the case becomes even more complex.
Strict Liability
California law provides protections to consumers in the form of strict liability laws. These laws hold product manufacturers (including medical device manufacturers) accountable for any harm they inflict. All that needs to be proven is that:
- The named liable company manufactured the product in question
- The injured party was using the product as directed (or as could be reasonably predicted)
- An injury directly resulted from use of the product
- The injured party suffered damages that can be recovered through the legal system
Negligence
In cases where a strict liability cause of action is unavailable, the injured party may still be able to hold a manufacturer (or other third-parties) liable under a negligence claim.
To prove negligence, the party in question must have demonstrated all four main showings:
- Duty of care: The party in question had a responsibility to the victim.
- Breach of care: The duty of care was in some way breached.
- Causation: The breach of care directly caused the related injury incident.
- Injury: Finally, said incident resulted in damages to the plaintiff.
Possibly Liable Parties
Manufacturers are not the only party who can be considered liable for injuries caused by defective medical devices. Other parties, including distributors and vendors, could hold the responsibility if their handling of the device introduced the defect. A Fresno personal injury lawyer can help you assess the source of your medical device defect along with all other relevant information in order to determine if any other parties may be held liable for what you’ve endured.
Other liable parties may include:
- Laboratories that helped develop or test the devices
- Medical device representatives
- Physicians
- Hospitals
- Clinics
- Pharmacies
What Damages Can I Recover in a Personal Injury Claim for Defective Medical Devices?
Every personal injury claim involves different factors and will include its unique details that determine the final damages sought. At the same time, the majority of personal injury claims include the same two categories of settlement awards.
In your claim, you will likely see a combination of both economic and non-economic damages.
Economic
These damages consist of monetarily objectifiable losses, meaning they have a dollar value based on direct expenses the victim incurred. Typically, economic damages encompass things like medical bills, the cost of continued treatment, lost wages, and any other expense that the victim has taken on due to the personal injury that they’ve suffered.
Non-Economic
Non-economic damages do not have a standard monetary value. They include harm based on more-subjective factors, like the suffering of the injury victim. Non-economic damages are harder to demonstrate considering their immaterial nature. In California, there is no cap on non-economic settlement awards, except in medical malpractice cases where a victim cannot be awarded any more than $250,000.
Punitive
Punitive damages can also be sought in some cases. This type of award is only available as the result of a court verdict, but still possible in cases where the manufacturer or some other party committed egregious acts that endangered others. In addition to their reward for damages, the plaintiff is granted an additional award to serve as a deterrent for other organizations to act in the same manner.
What Should I Do After Experiencing a Medical Device Defect?
Even though every situation is different, there is a universally accepted set of steps that a victim can follow in their defective medical device claim to protect their best interest while they seek compensation. A defective medical device lawyer can map out a more detailed course of action, but this list gives victims a general idea of how to move forward with their recovery process.
First and foremost, it is generally advised to move forward with filing your personal injury claim sooner rather than later to avoid delays. There are also statutes of limitations to be aware of: the most relevant being the 2-year deadline to pursue a personal injury claim.
Hiring an attorney at any stage in the process can help you keep your case moving efficiently, while ensuring that each step is completed appropriately.
[H3] Seek Medical Attention Immediately
Any time you experience pain or other symptoms that could be related to a defective medical device, it is critical to immediately seek out a diagnosis and any necessary critical care.
Not only is it crucial to have a doctor assess your condition after enduring an adverse event connected to your device, but they should also provide their professional medical opinion as to how the device led to your condition. Their assessment helps establish the basis of your case, narrowing down a liable party. Never wait to seek medical attention, as any decline in your condition caused by a delay could be seen as contributing to the harm you suffer, potentially causing a reduction in your final claim’s value.
Report the Defect
It is essential that you report the defect to all appropriate channels, including your presiding physicians who installed the device, as well as the FDA. Depending on the defect, there may be other bodies to report the incident to, but your doctor and attorney can help you understand the specific options available that can help prevent further harm to others.
Document Your Medical Progress
One of the best things that a victim can do for their own personal injury claim is document every step of their healing process. Take photos and videos of everything, including the progression of your injuries over time, any activities you were prevented from engaging, any pain or discomfort you feel, and other documentation that can serve to establish the pain and suffering you have experienced.
Retain Representation
One of the best steps you can take at any point after your injury is to hire an experienced representative to help you work through the complexities of your claim. Your attorney helps you receive all the necessary care while gathering all available evidence to strengthen your claim. In the likely event that the defective device manufacturer (or other at-fault party) attempts to avoid liability, your attorney can help you build a strong case to encourage an appropriate settlement — or to secure an award after a favorable trial verdict.
Call a Fresno Defective Medical Device Accident Attorney at Singh Ahluwalia to Seek the Compensation You Need
If you have endured an injury that affects your quality of life as a result of a defective medical device accident, call Singh Ahluwalia Attorneys at Law. We will help you learn more about your legal options for pursuing compensation from all liable parties. Our legal team has years of experience working with Californians and their families through defective product claims, and our experience can help you obtain the compensation you need to move on from your injuries.
Call (559) 878-4958 or Contact us online to speak with a trusted member of our team who can help you get started. Your initial case review is always free and confidential, and there’s no obligation to continue working with us after your consultation. We’re here to help, and we’re ready to assist you!
