When defective medical products make it to the marketplace even though the manufacturer is aware of the danger, they financially prosper while patients suffer. At Morelli Law Firm, our Philadelphia personal injury lawyers are passionate about our commitment to hold these businesses accountable for their negligence.
Defective designs put on the market can injure thousands, or even kill innocent people who trusted medical device manufacturers to do their job right. Our defective medical device lawyers in Philadelphia know how to battle giant medical companies and get victims and their families financial compensation.
Our firm has recovered over $1 billion in compensation for our clients. Put our skills to work by calling us for a free consultation.
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.
- Artificial cervical discs and lumbar discs
- Breast implants
- Catheters
- CPAP machines
- Defective prosthetics
- Defibrillators
- Dental implants
- Dialysis filters
- Heart valves
- Hip implants and knee implants
- Insulin pumps
- Pacemakers
- Power morcellators
- Respiratory devices, like ventilators and inhalers
- Shoulder pain pumps
- Stents
- Surgical mesh, including transvaginal mesh and hernia mesh
Over the past few years, high-profile cases involving faulty devices include hip replacements and intrauterine devices. Victims face additional surgery and huge medical bills. Our job is to prove a faulty device was unsafe and should not have been released on the market.
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877-751-9800What Is Needed to Succeed in a Product Liability Lawsuit for These Devices?
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. A defect can be unknown, or it could be one the manufacturers knew about but didn’t inform the public about the risks.
Defective drugs and medical devices are particularly dangerous to consumers. Not only can they harm health if they’re bad, but there is no way for a layperson to judge whether something their doctor recommended would end up harmful.
Essentially, it must be proven that the device was the sole cause of your injuries. Here are three basic ways our medical device injury attorneys in Philadelphia look for medical device defects.
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 pelvic mesh meant to prevent pelvic organ prolapse may fail to do the job.
Defects in the Manufacturing Process
Anytime an error or problem in a device’s manufacturing breaks its intended design by malfunctioning, that creates a faulty product. The use of cheap or faulty materials, issues with the production line, and poor quality control can cause medical device defects.
Defective Marketing
FDA warning labels, instructions, marketing materials, and advertising must meet all regulations. 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 also receive accurate instructions and warnings. Any failure of these opens up liability to manufacturers.
All these routes to liability will be investigated when our defective medical device lawyers in Philadelphia examine your case.
Who Is Liable for a Defective Medical Device?
Depending on the findings of your attorney’s investigation, 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 product design is 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.
Many things can go wrong in the processing of a medical device or drug. Our product liability attorneys will sort through the details to find the responsible parties to sue for a defective device.
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877-751-9800What Kind of Damages Can Be Recovered in a Defective Medical Device Lawsuit?
Countless victims have been affected by dangerous medical devices and defective drugs. Sadly, these products have caused severe injuries and illnesses, and have even led to death for some users.
When defective products are found responsible for your injuries, you can pursue legal action to recover damages with the help of the Morelli Law Firm.
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
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. To receive compensation as quickly as possible, talk to a Philadelphia medical device injury attorney as soon as you discover issues involving the medical device for legal advice.
How Do I Start My Medical Device Claim in Philadelphia?
Contact Morelli Law Firm today to get a free case evaluation and begin working with a defective medical device attorney 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 of recovering full compensation for your various damages. Our team can help you without compromising your medical recovery.
Call or text 877-751-9800 or complete a Free Case Evaluation form