Defective Medical Device Lawyers
Product Liability Lawyers Fighting for Victims of Unsafe Medical Devices
The U.S. Food & Drug Administration (FDA) defines a medical device as “an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article…intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease.” Medical companies must comply with FDA regulations when designing, creating, distributing, and marketing medical devices to members of the public. If a defective medical device, such as a surgical implant, has injured you or a loved one, let the medical device attorneys of Nahon, Saharovich & Trotz investigate your claim. We are the largest personal injury law firm based in Tennessee.
Claims for Defective Medical Devices
Healthcare is one of the largest industries in the United States, and big medical companies are constantly developing products with the hopes of being first to market. Tennessee, for example, has a large healthcare presence, exporting over $3.4 billion in medical equipment and supplies in 2016 (TN Department of Economic and Community Development).
Part of getting to market is conducting sufficient testing to gauge the product’s success rate and learn about adverse side effects. The FDA often relies on testing data provided by the companies, as it lacks the resources to conduct thorough testing on each and every product. Unfortunately, some companies decide to place profits over people by knowingly hiding risks and introducing unsafe devices into the marketplace.
Common medical devices that can be dangerous include pacemakers, hardware, stents, hip implants, knee implants, pumps, hernia mesh, and transvaginal mesh. While medical devices are intended to protect patients, improve their quality of life, or simply maintain their quality of life, a dangerous drug can do just the opposite – cause irreparable harm that could result in permanent injuries or a wrongful death. The medical device attorneys at our firm are ready to help victims assert their rights in these situations.
Who Could Be Responsible for Medical Device Injuries?
If a medical device caused you or a loved one to suffer harm, it is necessary to conduct a thorough investigation into what happened. Most people immediately think of the product manufacturer when analyzing liability. Under federal and state laws, product manufacturers owe legal duties to create products that operate as reasonably intended and to disclose of known risks. Potential causes of action in a product liability action include:
- Manufacturing defect – this occurs when an individual product deviated from its intended design, likely due to a problem at the facility in which it was created.
- Design defect – this is when a product was manufactured properly, but it is the design that makes it inherently dangerous. Sometimes design defects will arise out of improper testing, while other times they will be caused by a company knowingly ignoring red flags during the design phase.
- Failure to warn (defective marketing) – these cases concern the manufacturer failing to warn of adverse side effects, improperly warning of potential risks, deceptively marketing a product, or promoting it to be used in an unsafe manner.
Other parties may bear legal responsibility, including those in the chain of commerce, such as suppliers. In some situations, a doctor or hospital could be liable. Doctors must follow the applicable standard of care in the medical community in which they practice, and they should take all steps to prescribe devices that will be safe and interact well with other medications you may be taking. If the device was inserted via surgery, steps should be taken to ensure proper installation. Deviations from relevant standards could be examples of medical negligence, depending on the facts.
Fair Compensation for Injuries Caused by Medical Devices
All states have laws in place enabling innocent victims to potentially recover compensation against negligent medical device manufacturers. Compensatory damages are designed to make the victim whole, and they include reimbursement for medical bills, lost wages, prescriptions, emotional distress, pain and suffering, and loss of enjoyment of life. Punitive damages, designed to punish a defendant directly, can be obtained if a defendant acted egregiously, recklessly, fraudulently, or intentionally. An experienced medical device lawyer can assist you in pursuing all compensation to which you are legally entitled.
Call NST for a Free Consultation if You Were Injured by a Medical Device
Large medical companies have the resources, skill, and knowledge to properly test their products. This is why consumers have the right to expect products that come with detailed warnings and operate as intended. For a free consultation with a medical device lawyer, call Nahon, Saharovich & Trotz. Every day, we fight for the rights of injured victims throughout Tennessee, Arkansas, Mississippi, Missouri, and Kentucky, including in Memphis, Nashville, Jackson, Knoxville, Chattanooga, Jonesboro, Little Rock, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. In addition to medical devices, our firm also represents people hurt through dangerous prescription drugs and medications. Allow us to show you why NST is the way to go – call 800-529-4004 or complete our online form for your free consultation today.