Defective, dangerous, and faulty medical device lawsuits have been on the rise in recent years. Government agencies exist to regulate the approval process and keep consumers safe from shoddy manufacturing practices, unproven designs, and improper marketing of pharmaceutical products and devices.
Unfortunately, a number of life-threatening, defective medical products are reaching the open market despite strict regulation. If you have been injured or a loved one has been killed by a defective medical device, the North Bergen defective medical device attorneys can help you to pursue compensation for your suffering.
Morelli Law Firm’s experience with medical company negligence has carved our reputation as a valuable ally to the victims. We have earned our seat at the negotiation table and at trial with our results. We are ready to fight for you.
What Does It Mean When a Medical Device Has Been Recalled?
Typically, when a pharmaceutical company realizes there is a problem with any medical device they have manufactured, they will issue a recall. This means that the item either could cause potential harm, is actually causing harm, or they do not know which devices might cause harm, so they are calling all of them back.
Then, they must advise the FDA that they have issued a voluntary recall and report to them a strategy that the company will implement to address the problem. Their report is assessed by the FDA. The FDA then reviews the trouble to determine if a federal law has been violated and how hazardous the product is to the health of the people using it.
The FDA then may assign a recall classification of I, II, or III. According to the FDA, the classifications are as follows:
- Class I: A situation where there is a reasonable chance that a product will cause serious health problems or death.
- Class II: A situation where a product may cause a temporary or reversible health problem or where there is a slight chance that it will cause serious health problems or death.
- Class III: A situation where a product is not likely to cause any health problem or injury.
Once classified, the situation is monitored by the FDA. When it is determined that there is no longer a hazard, the FDA terminates the recall.
What Happens When My Medical Device Is Issued a Class I Recall?
A Class I medical device recall is particularly concerning to patients who are already using these devices on the inside of their bodies. This recall is likely to require a removal, but in some cases, a company can correct the problem by making an adjustment or a repair. It doesn’t always result in the need for the patient to stop using the device entirely.
In cases where a complete removal and return of the product to the company are recommended, it will need to be determined by you and your doctor whether removal or replacement is safe or necessary. Recalls can involve certain serial numbers, ranges of dates issued, or the entire line of products.
Device recalls can mean any number of repairs or actions by the manufacturer should be taken. It can be a simple fix like relabeling the device or it can be as extreme as complete destruction of the item. If you have a medical device that is defective or has been recalled, contact your doctor to find out if treatment is needed immediately.
North Bergen Defective Medical Device Lawyer Near Me 877-751-9800
How Much Is a My Defective Medical Device Lawsuit Worth?
There is no hard and fast number to assign to a faulty device claim. However, your attorney will take everything into consideration and arrive at an amount that is appropriate for your individual suffering. By looking at the details of how your life has been altered and by examining the aspects of similar cases that have resulted in awards, your lawyer can formulate the number.
When calculating the damages to request in your claim, your lawyer will take into account your:
- Physical pain and suffering
- Medical costs
- future cost of medical treatment
- Lost wages
- Loss of potential earnings
- Loss of enjoyment of life
- Severity of your injuries
- Future complications
- Amount of time and pain involved in the recovery process
The profound effect on a person’s life when they have been sickened, injured, or physically deformed following the use of a faulty, inadequately tested, dangerous medical device can be devastating.
Your North Bergen defectie medical device attorney’s focus is to get you the maximum reward to compensate you for the harm this defective product caused.
There Is No Upfront Cost to Hire a Defective Medical Device Attorney
Our North Bergen defective medical device lawyers work on a contingency fee basis. The fees charged depend entirely upon the outcome of your case. It is our practice to charge a percentage of your awarded amount or your settlement amount.
Our legal team will analyze and evaluate the impact of the device on your ways the defective device has impacted your life. The attorney will calculate an appropriate sum to properly compensate you for the damages, and fight hard for your right to recover it.
The initial consultation is free of charge to discuss the details of your case and the likelihood of it winning in court. You can be assured that your lawyer means business when they fight for you to be compensated. If you suspect you have been injured because of the device, consider speaking with a defective medical device attorney as soon as possible.
How Long Do I Have to File a Lawsuit for a Defective Medical Device Case in New Jersey?
The statute of limitations in New Jersey to sue for damages is two years. If you are the heir of someone who has passed, or if you have been injured, you have a right to sue for legal damages during that time frame. However, time can slip by quickly when your loved one has been hospitalized for months and you are trying to get your life back together after their passing.
You can be surprised by the looming deadline if you do not file in the legal time frame allowed and lose your rights to collect damages. This can be avoided by hiring a North Bergen defective medical device attorney as early as possible in the process.
Class Action Lawsuit Information for Defective Medical Devices
Television and radio advertising may alert victims to these types of lawsuits and encourage them to join. You have very little involvement in a class action suit and simply wait to see what you are awarded in the settlement. When a voluntary or involuntary recall occurs because a device is found to cause people harm, a class action lawsuit typically follows.
One of the dangers of joining a class action lawsuit is that you are unable to reject the settlement amount, even if it doesn’t cover your costs. This type of lawsuit involves lots of people who have filed a group claim against the company for product liability.
The damages received in these lawsuits are generalized damages. When joining a class action suit, you don’t have to do any work, but you do not get another opportunity to sue for damages because you waive your right to bring any further action against the device company.
Do note, however, that you can withdraw from a class action suit at any time before the case is settled or concluded.
How Long Does It Take to Receive Compensation for a Faulty Medical Device Claim?
A defective medical device lawsuit is a complicated matter and is seldom resolved quickly. It is not atypical for claims to take three to five years to resolve. This is why it is advisable to begin the process of speaking to a defective medical device attorney in North Bergen as soon as possible when you discover a problem with a defective device.
What Medical Devices Are You Currently Investigating?
Our firm covers defective device claims for North Bergen residents and all of New York and New Jersey. We have an extensive team dedicated to monitoring news from the FDA to stay informed on any developments in the release of warnings for bad drugs or devices.
Some of the device cases we have been involved with include products which have already been pulled from the market due to improper warnings, poor manufacturing, or lack of proper testing. Examples of products that are being monitored or actively pursued include:
- Artificial heart valves
- Dental implants
- Respiratory devices, like ventilators and inhalers
- Surgical mesh, including transvaginal and hernia mesh
- Breast implants
- Defective prosthetics
- Artificial cervical discs
- Lumbar disks
- Dialysis filters
- Shoulder pain pumps
- Power morcellators
- Hip and knee replacements made by companies such as DePuy, Zimmer, and Sulzer
No matter what medical device is impacting your life, if it has caused you or a loved one to be injured, we are available to help you fight for financial recovery.
Speak to a North Bergen Defective Medical Device Lawyer Today
At Morelli Law Firm, we have spent decades helping victims just like you. We are passionate about serving those who have been harmed with life-changing injuries or illness because of defective and dangerous medical products.
With our assistance, you may be able to receive fair compensation for your various damages. Contact us today to get a free case evaluation and start working with a defective medical device lawyer in North Bergen. There is no obligation, no risk, and no fees up front. We do not get paid unless we win you compensation.