Flaws in Medical Devices
Certain health conditions require the use of a medical device, many of which are surgically implanted. The use of a medical device is often heralded as a new way to treat a physical condition. By and large, the devices are applauded and welcomed by patients. However, the problem is that these devices can be flawed and may cause serious health issues. The medical device flaws are usually identified as manufacturing defects, but problems with design or failure to warn can also be involved. The defects are targeted in a product liability lawsuit where the injured patient can seek compensation.
Olinde Law Firm in Louisiana
Medical devices are meant to help patients, not cause problems for them. When this happens, you need the legal insight an experienced attorney can provide. The Olinde Law Firm recognizes that more defective products are appearing due to decreasing FDA oversight and manufacturing negligence. Putting a product on the market before rigorous testing has deemed it safe or hiding potential problems leaves many people in a precarious position.
The Olinde Law Firm works hard to protect your right to fair compensation after an injury. Don’t suffer additional health problems and pay for the damages yourself. Call us at (800) 587-1889 to schedule a free case review. Learn what your options are during a no-obligation meeting with our product liability team.
Dangerous Medical Products
The following are examples of dangerous medical products:
- Paragard IUD birth control device
- Allergan Biocell textured breast implant
- Sepramesh hernia mesh
- Atrium C-QUR mesh
- Ethicon Physiomesh
Is a Medical Malpractice Lawsuit the Same as a Medical Product Liability Claim?
This is a common question and one that has confused many people. Your doctor is intimately involved in the placement of a medical device. So, it is natural to believe that he/she will also be held responsible. However, if the injury you suffer is due to a flaw in the manufacture, design or distribution of the product, then the at-fault party would be the one that produced the device.
The product liability lawsuit filed against the company assumes that the doctor was fully informed about the potential for harm. If the company failed to do this, then the doctor’s liability is exonerated.
Nonetheless, your physician is expected to inform you of side effects, possible problems and alternative therapies. Your surgeon is also expected to insert the medical device properly. If any of this is absent from your care, then the doctor is at-fault for specific aspects of your case. A medical malpractice claim can be filed along with a product liability lawsuit.
What Do You Need to Recover Damages Under a Product Liability Lawsuit?
To qualify for a product liability lawsuit, you must be able to prove:
- Defects: Your claim must show that the product was defective either in its manufacturer, instructions, warnings or packaging.
- Injury: The product liability claim must show that the injured party was harmed. Without this, there is no case. There must be a clear link between the use of the product and the injury.
- Usage: The product must be used as intended without modification.
- Deadline: There is a deadline past which a claim cannot be filed. In Louisiana, the deadline to file a product liability claim is one year from the time the injury happened.
How to Contact the Olinde Law Firm
As we said earlier, the legal team at Olinde Law firm are here to help you. Our record in handling product liability lawsuits is stellar, and we have successfully resolved many cases. You can reach out to us online as well as by phone at (800) 587-1889.