Defective Devices

Louisiana Class Action Lawyers (Defective Medical Devices)

When a doctor prescribes a medical device to a patient, the patient justifiably assumes that the device is safe to use as intended and prescribed. Unfortunately, some manufacturers put defective products on the market, and the defect makes the product unsafe. If you are injured or a loved one dies because of a flawed medical device, you may be able to bring a lawsuit against the manufacturer.

Seeking Compensation for a Defective Medical Device

Some recent claims against manufacturers have been filed in connection with defects in hip and knee implants, transvaginal mesh, and IUDs, among other devices. For example, there have been several cases where a defective medical device was surgically implanted in the female plaintiffs, and severe adverse complications ensued for them and their spouses. It may require multiple further surgeries to remove the mesh. Most people cannot afford the substantial medical treatment, surgeries, and time off work that defective medical devices can require.

In order to prove that a device was defective, your attorney will have to establish a recognized defect: a design, marketing, or manufacturing defect.  If you can show a product has defects, the manufacturer, seller, or distributor may be financially liable for the resulting damages.

Marketing defects in connection with medical devices often consist of failures to warn consumers. Many medical devices come with serious side effects. If the manufacturer adequately warns the doctor or consumer about these side effects, it may not be liable for the harms caused by the side effects. However, in some cases, manufacturers do not provide warnings about side effects, or they may provide warnings that are insufficient.

If you are able to establish the elements of your product liability claim, you may be able to recover economic and noneconomic damages. Economic damages include hospital bills, the costs of future treatment, and lost income. Noneconomic damages include pain and suffering as well as mental anguish and similarly subjective forms of harm.

Retain a Defective Medical Device Lawyer

When you buy a medical device, the last thing you expect is to be hurt by it. If you have found yourself in this challenging situation, contact the Lindsey Scott Law Firm, at 225-387-2688.

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