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Can I Sue Over a Defective Medical Device?

Posted by Brian K. Herrington | May 17, 2017 | 0 Comments

Can i sue over defective medical device

When we experience injury, illness, or just the ravages of time on our bodies, we turn to our medical professionals for guidance on how to deal with managing pain, preventing further complications, and maneuvering our everyday lives in light of our medical challenges. Commonly, medical devices such as implants, surgical tools, and external devices are presented as the answer to our problems. And while modern medicine has improved our lives in many ways with new medical devices, far too many medical device manufacturers have put unsafe and downright dangerous defective medical devices into the marketplace, ignoring safety concerns to pump up their own profits at patients' expense. If you have been injured by a defective medical device, taking part in a lawsuit to sue the manufacturer and other responsible parties may be the best way to recover the losses you have suffered from your use of the product, including the pain and suffering you have had to unnecessarily endure.

How Defective Medical Device Lawsuits Are Won

The major aspect of winning a defective medical device lawsuit is in proving that your injuries were caused by a defect in either the manufacture or design of the device itself. This is different than just saying that the medical device was not effective in treating your particular condition (although you might talk to an attorney about whether you have a potential medical malpractice claim against a medical professional for employing an inappropriate device).

Instead, in a defective medical device lawsuit, you as the plaintiff (through your attorney) are arguing that the manufacturer did not meet the legal standard for designing or manufacturing the device in a way that suitably limited the danger to you the patient. Certainly, many medical procedures and devices present risks of side effects, and there is a certain amount of risk you as the patient undertake in undergoing any medical procedure, but when the manufacturer fails to take reasonable steps to avoid risks to your health and well-being in designing and/or manufacturing the device, there may be liability.

Joining a Mass Tort or Class Action Case

If you have been injured by a defectively designed or manufactured device, there is a good chance that others in your situation have been injured as well. Because proving that a device was defective in court can be a complicated task involving complex medical and scientific evidence and prolonged investigations into the manufacturer's internal processes and history – and because the process of proving the defect will be applicable to not only your case but potentially hundreds and even thousands of other patient cases as well – defective medical device cases often proceed with many plaintiffs joined together in a mass tort or class action case.

By joining together, plaintiffs in defective medical device cases can leverage their ability to take on the powerful medical device manufacturers and force them to pay the full amount of losses suffered by all plaintiffs in a large settlement or at trial. Plaintiffs in a successful defective medical device action can expect to recover the costs of their medical care for life stemming from injuries from the device, lost income and reduced earning potential, pain and suffering costs, and even punitive damages where it is shown that the manufacturer acted egregiously in putting an unsafe product into the market.

Contact Herrington Law Today

Herrington Law in Jackson, Mississippi has become a class action leader because of its constant focus on what matters most: obtaining justice for individual plaintiffs who have been wronged by defendants. We have built strong relationships over the decades with co-counsel across the country, all in pursuit of providing outstanding outcomes for the people who matter most: our clients. Contact us to set up a free consultation today regarding filing or joining a defective medical device class action lawsuit.

About the Author

Brian K. Herrington

A proven leader in the legal community, dedicated to obtaining justice for his clients with the highest level of client service. For more than 20 years, Brian Herrington has successfully represented consumers, small-business plaintiffs, attorneys general, and banks in complex litigation and comp...


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