When a product that is intended to help harms an individual, it can lead to confusion over who is responsible. If you or someone you love was injured due to a defective medical device or dangerous drug, our team can help you file a defective medical device lawsuit. At our Daytona, FL, law office, we are well-versed in these cases and can leverage our experience to your advantage. Contact Chanfrau & Chanfrau today to schedule a consultation.
Defective Medical Devices
A defective medical device is any medical component that causes injury due to a design defect, manufacturing defect, or failure to warn. If any of these cases, you can file a defective medical device lawsuit against the parties responsible. Medical devices and components must meet certain standards, and product liability principles apply should they fail and cause injury.
It is important to note that a defective medical device can refer to a wide variety of appliances, technologies, or treatments. Common examples of defective medical devices include:
- Artificial Joints
- Surgical Mesh
- Gastric Bypass Bands
We stress to our clients that all products, whether they be consumer or commercial in nature, are beholden to product liability laws. If any of these types of devices failed to operate in the prescribed manner, take action today. At Chanfrau & Chanfrau, we would be honored to help.
Filing a Claim – Who Can Be Held Liable?
In order to file a defective medical device lawsuit, it is important to first establish liability. To do so, we must pinpoint the nature and cause of the defect or failure. Possible defects in product liability cases include:
- Design Defects
- Manufacturing Defects
- Marketing Defects
Based on these underlying causes, defendants may include the designer, manufacturer, or seller of a medical device or drug. To help you understand these concepts, consider this analogy:
- A ladder that is unstable when used from the top steps may be considered to have a design defect;
- A ladder that collapses due to material failure may be considered to have a manufacturing defect; and
- A ladder that fails to warn consumers about the dangers of using the top step may be considered to have a marketing defect.
Our attorneys will apply these principles to your case to determine the root cause of your medical device failure. By investigating the circumstances of your case, we can establish negligence and determine the liable parties.
Damages in Product Liability Cases
If you are injured due to a defective medical device, dangerous drug, or some other faulty medical component or treatment, you are entitled to financial compensation for your losses. Though no two cases are the same, damages may be awarded for the following:
Pain and Suffering
You may be entitled to financial compensation for any physical or emotional pain and suffering you have experienced stemming from your injury. Rest assured, our team will help maximize your recovery to ensure the negligent parties are held responsible for their actions.
Sadly, defective medical devices and dangerous drugs often lead to the need for additional treatment. This treatment can pose a significant financial hurdle. We will fight so you are reimbursed for any similar costs related to your injury.
In some cases, injuries caused by defective medical devices or dangerous drugs cause long-term or permanent damage. If you have to undergo physical therapy or counseling, we will help ensure that the cost of such rehabilitative treatment is taken into consideration when damages are awarded.
Loss of Wages
Any loss of wages resulting from your injury, including a loss of earning capacity, can be compensated. If you are permanently unable to return to work due to your injury, we will estimate your lifetime earning potential and seek damages that are sufficient to compensate for this loss. Our goal is to drastically alleviate or completely eliminate any financial burden that may result from your unjust injury.
Let Us Help Put Your Rights First
If you or someone you love was injured due to a defective medical device, we can pursue liable parties so they are held responsible for their negligence. Schedule a free, no-obligation consultation today to speak with one of our attorneys.