When you submit a defective medical device case to a county clerk, you’re not bringing a single person to court. You’re challenging hospitals, manufacturers, and pharmacists to recognize their alleged negligence.
Our team at Morelli Law Firm understands that this kind of legal action can seem intimidating. Matters aren’t easier to address if you’re contending with troubling health concerns, too.
That’s why our Englewood, NJ, defective medical device attorneys sit down with you before ever taking action against a liable party. We’ll answer all the questions you may have about your suit and make sure you have the representation that your losses deserve.
Common Defective Medical Device Suits
You can pursue legal action against any institution that you can prove engaged in negligence or recklessness when handling your essential medical device. That said, there are some medical devices that tend to open themselves up to suits more often than others. So far, these have included:
- Vaginal and transvaginal mesh
- Hip replacements
- Improperly-stored stents
- Surgical robotics injuries
- Guidant defibrillators
- Cobalt toxicity during metal insertions
- IVC blood clot filters
If you find yourself in need of any of these products, you can work with attending medical professionals to ensure that they’re safe for use. Alternatively, you can check in with a third-party medical professional to ensure that the devices haven’t compromised your health.
The device used to treat your condition doesn’t have to be on that list to qualify you for a suit, though. If you find yourself contending with a reduced quality of life – severe or otherwise – you can work with both a lawyer and other medical professionals to assess your health. In turn, we can help you bring your losses to the attention of New Jersey courts.
Defective Medical Lawsuits and Class Action Lawsuits
If you find that you’re not the only person who’s been injured by a defective medical device, you may have the opportunity to collaborate with other plaintiffs. You can meet with our team to determine if you and your peers qualify for a consumer class action lawsuit against a manufacturer or hospital.
Class action lawsuits allow you, as a member of a smaller or less powerful group, to legally challenge the alleged negligence of a more powerful party. You and your peers can all file a collective suit at the behest of a primary plaintiff. You can then pursue loss-based financial support either through a court trial or negotiations.
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Contending With Liability in Defective Medical Device Cases
When you think about a defective medical device case, you tend to place the blame for the defect on the product’s manufacturer. While you can hold a manufacturer liable for your injuries, there are other parties that may be responsible for these losses. These include advertisers, distributors, and medical institutions.
If you’re not sure which of these parties, or any others, contributed to your device-related injuries, you can examine the evidence you have on hand. Our attorneys can help you establish a duty of care between yourself and any of the aforementioned parties. In turn, we can contact a private investigator to help explore when the product in question suffered its defect.
You must be able to back your assertion of liability with evidence when submitting your legal complaint. Our Englewood defective medical device attorneys can build on that evidence when it comes time to either negotiate for compensation or defend your claim in court.
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Statutes of Limitations and Liability in Defective Medical Device Cases
New Jersey limits the amount of time you have in which to pursue compensation for your losses. That said, the deadlines that apply to your case will vary depending on how you want to classify the losses related to your injury.
If you believe that the product in question was damaged during its design, manufacturing, or advertising, you have a product liability case on your hands. N.J. Stat. § 2A:58C-2 allows you to take two years to bring your case to the attention of a New Jersey civil court.
If you believe that medical professionals mishandled the devices you needed to recover or preserve your overall health, you have a medical malpractice case to deal with. New Jersey gives you two years to react to your losses. You can refer to N.J. Stat. § 2A:14-2 for more information about your deadline.
What to Expect After Filing Your Defective Medical Device Complaint
Filing a complaint won’t see your case immediately taken to court. Instead, a county clerk needs to consider your complaint, then move it along to the appropriate legal bodies. If those parties choose to approve your complaint, you’ll be given the right to summon the liable party.
The liable party has the choice to respond to that summons within thirty days of its delivery. If the defendant is cooperative, you can move into financial negotiations. Alternatively, you may need to take your case to court for a preliminary hearing.
Court cases involve a firm series of steps, including:
- Opening statements
- Witness examination
- Closing statements
You can discuss what this process might look like for you with an Englewood, NJ, defective medical device lawyer. In turn, you can prepare your arguments and formulate answers to any questions that the defendant’s representation may have for you.
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Contacting a Lawyer Throughout the Legal Process
It can be easier to try and focus on your recovery after a defective medical device injury. That said, we can make it easier for you to take legal action. When one of our team members represents you, you can focus on your injuries while we:
- Communicate with the defendant and their representative
- Maintain and update the calculated value of your losses
- Continue gathering evidence to support your claim in court
- Coach you in what to stay if/when you take the stand
We’ll sit down with you before filing your case and discuss the services that you require.
Morelli Law Firm Can Prepare You for Court
No hospital, pharmacy, or manufacturer should try to intimidate you out of a defective medical device case. If one of these parties tries to keep you from taking legal action, it’s time to double down. Call on one of the defective medical device lawyers in Englewood, and we’ll go to bat for you.
Is it time for you to take legal action? Let Morelli Law Firm give you a hand. Our team members will schedule your case evaluation through our online form or over the phone.