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Medical devices are supposed to provide the relief patients sought, but sometimes they can end up causing incredible amounts of harm. A defective device can cause new injuries and complications to existing conditions. Infection, nerve damage, and irreparable damage to bodily organs and appendages are all possible.
In these situations, victims must often turn to an experienced defective medical device lawyer to take up their case and fight for compensation for the harm caused. A successful claim can result in a settlement to repay all associated medical bills, lost wages, out-of-pocket costs, and other financial damages caused by the device. Non-economic damages — such as compensation for pain and suffering, mental anguish, and loss of enjoyment of life — may also be available.
Families who had to endure the tragedy of their loved one passing on as a result of their defective device injuries can pursue a wrongful death claim or survival action to recover all of the above damages. In addition, they may be eligible for funerary costs, burial costs, lost earning capacity, and more in light of the damages they have personally suffered.
Auger & Auger has provided families with skilled defective medical device attorneys in their time of need for over 26 years. We want to represent your case and help you explore all legal options available for obtaining the compensation you deserve.
Speak to a knowledgeable defective medical device lawyer for free during your initial consultation. There’s no obligation, so schedule your free appointment now when you call (800) 559-5741 or contact us online.
Defective products laws allow individuals to obtain compensation from the manufacturer, distributor, or retailer of products that are known to be defective and harmful. Some states, like North Carolina, use the same standards of proof for defective products as they do for negligence. Plaintiffs must prove that the manufacturer somehow breached their duty of care in a way that they should have foreseeably known would directly cause harm.
However, unlike many other types of personal injury cases, a defective products claim in most other states does not have to prove that the defendant knew about the harmful condition or that they were negligent in any way. Instead, all an injury victim has to do is prove that the device was defective and caused harm. This notion is known as “strict liability.”
The state you file your injury claim or lawsuit in, therefore, can greatly affect the proceedings of your case. Types of defects commonly discussed in these cases include:
In order to prove that the device was harmful, the victim must also prove that:
Upon the start of your case, your attorney will seek to build a narrative of when your injuries occurred, what extent of damages those injuries caused, and how those injuries were related to the device in question. Then, they will examine what defects made the device harmful and what the best way to pursue a case based on those facts might be.
While plaintiffs in most states (outside North Carolina) may not legally be required to prove that a company knew their device was harmful or that there is a pattern of defective devices of the same make and model, providing evidence of negligence can strengthen a case tremendously. Your attorney will work hard to uncover evidence that the manufacturer or company in question caused similar harm to other victims. She or he will also pursue evidence that the company was somehow aware of the defect and the harm it would cause, increasing the likelihood of a favorable outcome for the plaintiff.
Expert witnesses are often used in these cases to attest that the harm to the patient was directly caused by the defective medical device. Often, defending parties will allege that the injuries were the result of or made worse by factors outside the use of the device.
The majority of successful defective products and personal injury cases will result in a settlement between the injury victim and a company — or, more likely, their insurers. A minority of cases will proceed to a lawsuit and arbitration or a trial. In the event that a court decision must be made, compensation comes from the award decided upon by the jury or judge.
Depending on the nature of your case, you may have the advantage of simultaneous claims or class action lawsuits against the exact same device that caused you harm.
Examples of defective medical products that are known to have resulted in settlements and favorable court rulings include:
Time is of the essence for most defective medical device cases. Injured patients often have a better chance of proving the harm the device caused if they act soon after their condition is noticed. There is also a statute of limitations that prevents most legal action or claims from taking place after a certain period of time, which varies from state to state.
Auger & Auger can help you and your family get your case started quickly, allowing us to gather the evidence needed to put forth a strong claim or file a lawsuit on your behalf.
To talk to a lawyer about your injury and your experience with your defective medical device for free, call (800) 559-5741 or contact us online.