South Carolina Defective Medical Device Attorney
Today, many people rely on medical devices to help them cope with serious health conditions. Unfortunately, sometimes the opposite happens — where substantial damage or fatality is suffered as a result of their use. If you or a loved one has consequently suffered substantial pain or life-threatening side effects, call a South Carolina defective medical device attorney at Auger & Auger Accident and Injury Lawyers. They have the experience and expert knowledge required to fight for your rights and maximize your chances.
Although we are currently involved in many kinds of defective medical device litigation — the following are examples of two types of claims we are handling:
- Currently, Auger & Auger is accepting Inferior Vena Cava (IVC) blood clot filters cases where patients have sustained injuries subsequent to having an IVC implanted. These filters — which were intended to keep clots from reaching the patient’s brain, lungs and heart — are tragically causing organ damage when the filters break apart or fall out of place while in the body.
- Our firm is also actively pursuing lawsuits on behalf of patients who have sustained injuries due to Hernia Meshes which were implanted after hernia surgery. Designed to support damaged or weakened tissue as it is healing, the regrettable fact is that certain of these meshes are still manufactured with polypropylene which may erode and migrate throughout the body. If this should occur, the complications may be dangerous and severe; causing nerve damage, bowel obstruction, sudden loss of teeth, liver abnormalities, fistula formation, renal failure, hernia recurrence and many other injuries.
Let’s have a conversation, and see just how fast we can get you on the right path to receiving the compensation you deserve. Meanwhile, we have a few answers to frequently asked questions to start you off in the right direction:
- What are my rights if I’m harmed by a defective medical device?
- How can I receive compensation if a defective medical device caused me harm?
- How can a South Carolina defective medical device attorney help me?
What are My Rights If I’m harmed by a Defective Medical Device?
Despite there being a strict liability law in place to dissuade manufacturers from releasing new products without sufficient testing, the FDA 501(K) clearance program allows makers to release devices similar to those which already have approval (and have not been officially recalled). Regrettably, this can raise the margin of error — putting patients at higher risk for serious injuries.
While showing that your injuries and damages were directly caused by the device can be complicated, expert testimony can help you to make your case. Provided you can prove the extent of the damage caused by the medical device, you should be compensated for both economic and non-financial losses; including pain you endure, lost wages, emotional distress, and the costs of any treatment you need to alleviate the effects you’ve suffered.
How Can I Receive Compensation if a Defective Medical Device Caused Me Harm?
In certain situations, malfunctioning medical devices affect thousands of people; all of whom come together in joint litigation. Unlike class actions, defective device claims are generally filed as individual lawsuits but pooled together in the same federal district court with other lawsuits against the same manufacturer. This is known as multi-district litigation or MDL.
A local South Carolina defective medical device attorney with Auger & Auger Accident and Injury Lawyers can help you determine whether you should try to negotiate a settlement with the device manufacturer or pursue your claim as an MDL. Whichever of these options you choose, we have the necessary experience to help you to achieve your legal strategy — and legitimize the chances of maximum compensation recovery for damages.
How Can a South Carolina Defective Medical Device Attorney Help Me?
When you’ve been injured by a device that was supposed to improve your quality of life, you owe it to yourself to take a stand. Reaching out to a South Carolina defective medical device attorney at Auger & Auger will ensure that you have a passionate legal advocate to guide you to the results you deserve.
Contact us today for your free consultation, with no fees due until recovery!