Faulty Medical Device Claims
Like the rest of the world around us, the field of health care is becoming increasingly reliant on sophisticated equipment and devices. Whether it’s prosthetic limbs, surgical implants, or diagnostic machines like MRIs and X-rays, these cutting edge devices can save and improve lives. Unfortunately, due to poor testing, manufacturing, or design, these devices can also cause a great deal of harm, injury, and even death. If a defective medical device has had an adverse effect on the health of yourself or a family member, you may be entitled to compensation for certain damages. To find out more about your legal rights and options, you’ll want to consult a knowledgeable Florida personal injury attorney.
The legal team at Farah & Farah can advise you on whether you have a viable defective medical device claim and represent you in any litigation or legal action you may decide to take. The makers of medical devices are represented by powerful insurance companies and their lawyers who will seek to mitigate the amount of liability they are responsible for. You will need your own legal team to fight for the settlement you fairly deserve, not just what insurance companies are willing to offer. To get your claim started, call Farah & Farah for free case evaluation by dialing 855-797-9899.
What is a Medical Device?
According to the United States Food and Drug Administration (FDA), a medical device is “an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part, or accessory” which is:
- Recognized in the official National Formulary, or the United States Pharmacopoeia, or any supplement to them
- Intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals
- Intended to affect the structure or any function of the body of man or other animals, and which does not achieve any of its primary intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its primary intended purposes.” (This would include a stethoscope, a heart rate monitor, a pacemaker, a hearing aid, an intrauterine device (IUD), a stent, a thermometer, ultrasound machine, etc.)
Causes of Defective Medical Devices
The causes of defective medical devices can be broken down into three separate main categories:
- Defective by design: an error in the conception or design of a device which makes it dangerous for general medical use
- Manufacturing defect: an error that occurs during the actual manufacturing of the device
- Marketing defect: Inadequate or incorrect warnings or instructions to the prescriber or consumer of the device, or if the device’s maker advertises the device for an improper or unapproved use
Who Can Be Held Liable In A Defective Medical Device Lawsuit?
A variety of parties can be held accountable for injuries caused by defective medical devices, including:
- The entity that designed the defective device
- The manufacturer of the defective device
- The marketer of the defective device
- The distributor of the defective device
- The designer and manufacturer of a defective part or element of the device
What Kind of Damages Can Be Claimed In A Defective Medical Device Claim?
If you have been injured or suffered an adverse side effect due to the use of a defective medical device, you may be able to pursue compensation for any of the following damages:
- Current medical bills
- Future medical bills related to your injury
- Costs of physical therapy or rehabilitation
- Pain and suffering
- Household and vehicle modifications if needed
- Permanent injury or disability
- Lost wages
- Loss of career or earning capacity
- Reduced earning capacity
- Hedonic damages for loss of joy of life
- Punitive damages
Wrongful Death Damages
In the unfortunate event that you have lost a loved one due to a defective medical device, you and your family may be able to pursue the following wrongful death damages:
- Funeral and burial expenses
- Medical bills
- Pain and suffering of the deceased before they died
- Loss of future income
- Loss of future benefits (such as medical benefits and retirement benefits)
- Loss of love, affection, companionship, guidance, etc.
- Loss of household duties the deceased performed (such as childcare, accounting, property and vehicle maintenance, etc.)
Contact a FL Defective Medical Device Lawyer at Farah & Farah Today
When we are treated with a medical device we trust that the device will improve our health, not injure us or worsen an already uncomfortable condition. Unfortunately, medical device producers often rush their products to market in an attempt to collect greater profits. This lack of research can lead serious injury and even death. The Florida defective medical device attorneys at the Florida offices of Farah & Farah can help you recover what your injuries have cost you and your family. Farah & Farah has offices in Jacksonville, Gainesville, Lake City, Orange Park, Palatka, Daytona, Orlando, Ocala, Jacksonville Beach, and St. Augustine. Call us today at 855-797-9899 for a free consultation.