Product Liability for Defective Drugs and Medical Devices
Product liability claims can be brought against manufacturers, distributors and sellers of defective drugs or medical devices. These claims arise when a consumer sustains injuries as a result of using one of these products. In order for a person to bring a claim for a defective product, it must be established that the item was flawed in some way and that the defect caused their injury.
Claims for Defective Medical Products
Product liability claims for drug and medical device defects can involve a variety of legal theories, including negligence, strict liability and breach of warranty. In a negligence claim, the claimant must prove that the defendant had a duty to exercise reasonable care in designing, manufacturing and distributing the product but failed to do so. In a strict liability claim, the claimant must prove only that the product was defective and that it caused their injury.
In a breach of warranty claim, the claimant must show that there was an express or implied representation made by the defendant regarding the quality of the product, which failed to meet its expected standards. Medical products that fail to meet their expected standards and can cause injuries include:
- Sepramesh hernia mesh
- Allergan Biocell textured breast implant
- Paragard IUD birth control device
- Ethicon Physiomesh
Recovery of Damages by Filing a Product Liability Lawsuit
A successful plaintiff in a defective product suit can receive compensatory damages ranging from medical bills to lost wages or future earning potential. Punitive damages may also be awarded in cases where the defendant’s conduct was especially reckless or indifferent to safety concerns.
The Importance of Acting Quickly to Place a Claim
It is important to note that defective product claims related to drug and medical device defects are subject to statutes of limitations. Therefore, it is critical for injured consumers to seek legal counsel as soon as possible to ensure that their rights are protected. An experienced defective product lawyer can help evaluate the facts of a case and determine the best course of action to pursue a successful claim.
When filing a product liability claim, it is important for claimants to be prepared with copies of all relevant documents and evidence, including medical records, product receipts and instructions as well as witnesses who can attest to the defect in question. A successful claimant may also be required to produce evidence of causation between their injury and the defective drug or device. Your attorney can help you gather all the evidence needed to support your claim.
If you have been injured due to a defective drug or medical device, it is important for you to contact an experienced lawyer as soon as possible to ensure that your legal rights are fully protected. An experienced attorney can help you understand your options and guide you through the process of filing a liability claim.
Olinde Law Firm: Defective Medical Products
The legal team at Olinde Law Firm has the experience you need when seeking damages because you were injured by a dangerous drug or defective medical device. Call us for a free consultation at (800) 587-1889, or connect with us online to get in touch with us.