Defective Medical Devices: How to file a claim and get your Compensation?

The number one cause of the problem is defective products. It's easy to use this claim to excuse a wrong product, but what does it mean?

Defective medical device claims are severe problems in the U.S. Every year, countless individuals suffer injuries due to defective medical devices that should have been recalled but were not. The U.S. Judicial Panel on Multidistrict Litigation consolidated numerous lawsuits by patients who suffered severe harm after devices were implanted in the spine or treated cardiovascular disease. The U.S. Food and Drug Administration (FDA) estimates that 68% of medical devices recalled from 2009-2012 got returned to the manufacturer for either repair or replacement. The FDA has also estimated that the it could have prevented almost half of all severe injuries and deaths caused by defective medical devices with earlier intervention.

Every year, defective medical devices get used by millions of people in the United States. These devices cause thousands of injuries and deaths. The number one cause of the problem is defective products. It’s easy to use this claim to excuse a wrong product, but what does it mean?

Types of Defects in Medical Device Claims

To receive compensation in your claim, you will need to prove that the device caused your injury and prove who was responsible for the defect.

There are three categories of defects that can lead to a defective medical device lawsuit :

  1. Design Defects: A design defect claim means that the manufacturer miss designed the defect from the start and that defective design resulted in injury to the victims, such as when necessary protection does not get included in the device’s final design.

  1. Manufacturing Defects: A medical product has a manufacturing defect if its assembly or manufacturing method is initially imperfect or defective. 

  1. Marketing Defects: Marketing defects are mistakes made in how the products get presented to the consumers. It is usually when the consumer gets scammed into believing lofty promises made by the device manufacturer, consulting doctor, or promoter.

After realizing that your Medical Device is defective, your first step should be to contact an experienced Defective Device Attorney.

Do you need a Lawyer?

Defective Medical devices companies have teams of lawyers who work on damage claims. So you will NEED a defective medical device lawyer who has the experience and know-how to challenge medical device manufacturers and get the Compensation you want. They can evaluate your case for free, help you understand your legal options, protect your rights, help you gather necessary evidence, and fight for the maximum compensation you deserve.

Families who have experienced the tragedy of the death of a loved one due to damage from a faulty device can file a wrongful death or survival claim to recover all of the above injuries. In addition, they may get compensated for funeral expenses, burial expenses, disability, and more in light of the damage they have personally suffered.

We at Garcia and Phan have extensive experience with collective action related to various complaints, including defective products, medicines, and medical devices. Whether your device is manufactured, engineered, or labeled improperly, we can help you get compensation for injuries and other damages wherever you are in the United States. The compensation you need and deserve if you get injured due to a product defect or malfunction.

We can also provide you with a medical opinion on the severity of the injuries and their cause, which will serve as crucial evidence in your medical device damage claim. We will conduct a full investigation to help determine responsibility for your injury and gather evidence to support your claim. They’ll then consider what flaws make the device dangerous and how best to file a lawsuit based on those facts.

If a defective product has harmed you or a loved one, do not hesitate to contact an experienced attorney who will explain your rights. Suppose the manufacturer, physician, hospital, sales representative, or other health care provider fails to comply with the above requirements when selling these medical devices and harms you or your loved one. In that case, you are entitled to fair compensation.

Contact an Experienced Personal Injury Attorney Orange County, California.

Contact Garcia & Phan Lawyers. We understand California accident laws and the complexities of Personal Injuries and Wrongful deaths.

Call (714)-586-8298 for a no-cost evaluation


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