Defective Medical Device Lawyer
Defective medical devices can cause patients to have substantial pain, suffer life-threatening side effects, or even experience fatal complications. From hip implants that fail too early to transvaginal mesh that causes infection, products used by doctors to provide medical service can cause profound harm to patients. When this happens, those who have been hurt need to get help.
The North Carolina defective medical device lawyers at Auger & Auger Attorneys at Law understand how to pursue cases arising from problems with medical devices. These cases are complicated due to their technical nature, and victims need an advocate they can trust. Give us a call as soon as possible if you or someone you love has experienced an adverse outcome due to a problem with a medical product.
Defective Medical Devices Can Cause Patient Harm
Medical devices are supposed to go through rigorous testing before being released to the public. Manufacturers are held responsible under strict liability rules in all situations where a defective medical device harms a patient.
Despite the goal of strict liability law intended to encourage manufacturers to be extra cautious in releasing products, thousands of dangerous medical devices end up being used by U.S. doctors and hospitals every single year. In many cases, device manufacturers may even be aware of the risks and will release the products anyway.
FDA regulations also are insufficient to protect patients. While rigorous testing is demanded for FDA approval in most cases, the 501(K) clearance program provides a shortcut and fast-tracked approval. If a device manufacturer can point to a similar device already approved, their own product can be released with minimal testing. This includes situations where the already-approved product they point to has already caused harm to patients but hasn’t been officially subject to a required recall.
Patients are the ones who suffer when medical devices cause harmful outcomes. Victims and their families need to pursue a case to get the compensation they need and deserve.
Examples of current cases are:
- Bair Hugger Warmer Blanket
- IVC filters (Bard & Cook)
- Power Morcellators
- Transvaginal Mesh
- Stryker Hip replacements
- Metal Hip Replacements
Taking Legal Action in Defective Medical Device Cases
When a patient wishes to pursue a claim based on a medical device, the patient must show:
- The medical device was used as intended by the manufacturer.
- Harm occurred as a direct result of the use of the medical device.
- The patient suffered damages which the manufacturer should provide financial compensation for.
Both victims of defective devices and family members of patients killed by dangerous medical products can pursue claims.
Often, the most challenging aspect of taking legal action is to prove that the device was the specific cause of harm. North Carolina defective medical device lawyers can provide assistance to victims in finding studies and securing expert witnesses to convince a jury of the dangers of a particular medical product.
How a Defective Drug Lawyer Can Help
Auger & Auger is a personal injury firm devoted to helping people to get justice when they are hurt. Our experienced legal team has helped many clients injured by defective medical devices and we have the knowledge and insight necessary to help patients and their families put together strong damage claims. Call today to learn more about how we can assist you if you’ve been harmed by any dangerous medical product.