When you purchase a product, you expect it to be safe to use; however, this is not always the case. Defective products cause serious injuries each day in the United States. Unfortunately, this includes defective medical devices. The U.S. Food and Drug Administration (FDA) maintains a list of recalled medical devices on its website.
For example, the FDA recalled the Dräger Evita V500 and Babylog VN500 Ventilators on December 1, 2015 due to a software issue that could result in the device shutting down putting the patient in jeopardy of injury or death. On November 2, 2015, the FDA issued a recall for the Insulet Corporation OmniPod Insulin Management System. According to the recall, the defective medical device may not deliver insulin as expected due to a problem with the Pod’s needle. This could result in high blood sugar, which, if left untreated, can result in life-threatening medical conditions or death.
Defective Medical Devices Harm Patients
We have the right to rely on a medical device to perform as it is intended to do; however, a defective medical device may not be detected until someone is injured or someone dies. If you or a loved one has been injured by a defective medical device, you may have the legal right to receive a monetary settlement for your damages. It is important that you take certain steps to protect your right to receive compensation.
The defective medical device attorneys of the Olinde Firm will help you understand the steps you need to take to protect your rights and pursue a claim against the part manufacturer or other party who is responsible for your injury.
Steps to Take if You Are Injured by a Defective Medical Device
If you or your loved one has been injured by a defective medical device, some of the steps that you should take include:
- Obtain Medical Assistance. You need to protect your health. A licensed medical provider needs to see you immediately to determine if the injury is life-threatening. For a defective medical device claim, you will also need a licensed medical provider to diagnose and document your illness and/or injury. Keep all of your medical records because your attorney may need this information to prove the defective medical device caused your injury and to establish the full extent of your injuries.
- Keep the Defective Medical Device – Keep the defective medical device, if it is in your possession, and everything associated with the device — boxes, packaging, instructions, warranty information, medications, receipt from the purchase, items with serial numbers or lot numbers.
- Contact a New Orleans defective medical product attorney. Our experienced defective product attorneys understand what steps to take in order to protect your best interests including researching the FDA database and information to determine if the product has been recalled as well as searching for class action lawsuits or other proceedings regarding the defective medical device. Our knowledgeable defective product lawyers will develop a legal strategy to obtain the compensation you deserve for the damage caused by the defective medical device.
NoLA Defective Medical Device Law Firm
Contact the Olinde Firm by calling 1-800-587-1889 as soon as possible for a free case evaluation. Take action now — you only have a limited amount of time to file a claim or you lose your legal right to compensation for damages caused by a defective medical device.