When defective medical products make it to the marketplace even though the manufacturer was aware of the danger, they financially prosper while the patient suffers. Our team of experienced defective medical device attorneys in Philadelphia know how to battle giant companies, and we can help you to pursue compensation for the damage they have caused.
At Morelli Law Firm, we’re passionate about our commitment to hold these businesses accountable for their negligence. Our attorneys are skilled in complex litigation and ready to fight for you so you can take care of your recovery.
What Are Some Examples of Potentially Defective Medical Devices?
These are just a few examples of items that were improperly manufactured, inadequately tested for safe use, or marketed without warning of known risks and hazards of the product. Many products that have been pulled from use have already caused harm to countless others.
- Artificial cervical discs and lumbar discs
- Breast implants
- CPAP machines
- Defective prosthetics
- Dental implants
- Dialysis filters
- Heart valves
- Hip replacements and knee replacements
- Insulin pumps
- Power morcellators
- Respiratory devices, like ventilators and inhalers
- Shoulder pain pumps
- Surgical mesh, including transvaginal and hernia mesh
There are numerous causes for defective medical devices. In order to file a product liability case, the device must be unsafe for the intended use it was originally designed for. There will be multiple interpretations in regards to the safety of the product. It is the job of your attorney to prove that it is unreasonably dangerous.
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What Is Needed to Succeed in a Product Liability Lawsuit for a Defective Medical Device?
Proof that the medical device is defective is the first step. Then, there needs to be ample evidence that the defect in the product was the cause of your injury.
If you can show that a medical device was unreasonably dangerous, you could win the product liability lawsuit. In some cases, omission of warnings, labeling, instructions or even negligent marketing can cause the product to be declared faulty.
Essentially, it must be proven that the device was the sole cause of the injury you suffered because it is indeed defective. Here are three basic ways to look for possible defects of a medical device.
Defective or Faulty Design
It simply doesn’t function the way it was meant to, or it creates other problems while functioning. For instance, a hair dryer that catches fire when used on the high heat setting.
Defects in the Manufacturing Process
Anytime an error or problem in the production causes the medical device to depart from its intended design by malfunctioning, it is a manufacturing defect. The use of cheap or faulty materials, issues with the production line, and poor quality control can cause medical device defects.
Marketing Is Defective
Warning labels, instructions, marketing materials and advertising must all function properly to be considered acceptable. If hazards of usage are known, they must be disclosed to the consumer and the doctor through these marketing avenues.
Proper instructions for use must be provided. The physician must receive accurate instructions and warnings. All these things are investigated when your defective medical device lawyer in Philadelphia is building your case.
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Who Is Liable for a Defective Medical Device?
Depending on the findings of your attorney’s investigation of the details surrounding your case, one or more companies or individuals may be considered for liability. Several parties can share liability for a defective medical product claim as there are many people involved in the production, sale, and distribution of medical devices.
- The designers can be liable if the design of the product is found to be inherently defective.
- Manufacturing companies and pharmaceutical companies can be held liable if the manner of production is found to be defective or faulty.
- Distributors can be liable if marketing materials, advertising, instructions, or labels are determined to be defective.
- The physician or other medical professionals can also be held liable if they use devices that are known to be defective.
There are many things that can go wrong in the processing of a medical device or drug. A Philadelphia defective medical device attorney is experienced in sorting through details to find the responsible parties to sue for a defective device.
What Kind of Damages Can Be Recovered in a Defective Medical Device Lawsuit?
Countless victims have been affected by dangerous medical devices. Sadly, these products have caused severe injuries, terminal illnesses, and have even led to death for some users.
When defective products are found responsible for your injuries, it is your right to pursue legal action to recover damages.
Some types of economic damages we recover for our clients include:
- Medical expenses
- Prescription drug costs
- Rehabilitation and continued therapy
- Ongoing care costs
- Lost wages
- Diminished earning capacity
- Lost retirement and other benefits
In addition to recovering compensation for your current and future expenses related to the incident, we also fight for a full payout to cover your non-economic damages. These include:
- Pain and suffering
- Mental anguish
- Other emotional damages
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How Long Does It Take to Recover Damages for a Defective Medical Device Claim?
A defective medical device lawsuit can involve lengthy negotiations and complicated litigation. It is seldom resolved quickly, with claims typically taking three to five years to resolve. In order to receive compensation in the timeliest manner, it is important to talk to Philadelphia defective medical device lawyers as soon as you discover issues involving the medical device.
How Do I Start My Medical Device Claim in Philadelphia?
Contact Morelli Law Firm today to get a free case evaluation and to start working with a defective medical device lawyer in Philadelphia. There is no obligation, no risk, and no fees upfront. We do not get paid unless we win you compensation.
With help from an attorney skilled in defective medical device litigation, you improve your chances for recovering full compensation for your various damages. Our team can help you without compromising your medical recovery.