In our society, we have access to health care services and some of the greatest medical treatments in the world. When patients receive treatment for illnesses or undergo surgical procedures to correct health problems, they trust that the medical devices their physicians recommend will be safe and effective. Unfortunately, that is not always the case. When defective medical devices cause harm to patients, there is a way to seek a remedy. If you or a loved one has been injured by a defective medical device, such as artificial joints, surgical mesh, or birth control, Longview, TX, attorneys Randy Akin and Greg Burton can fight on your behalf. Learn how our attorneys hold liable parties responsible and can help you receive compensation by calling (903) 297-8929 or using our online form.
Defective joint replacements are one example of harmful products that can have catastrophic effects.
Defining Defective Medical Devices
Devices that can fall under this category include surgical mesh, contraceptive devices, defibrillators, stents, or implants (e.g., artificial joints). Sometimes these items do not work as they should, have design defects, or cause damage in other ways. When this happens, clients may submit a defective product liability claim to recover health care costs, wage loss, or to compensate for pain and suffering.
If you or a loved one has been injured by a defective medical device, you should seek legal advice. Do not settle for less than your case is worth.
The types of claims for defective medical devices include:
- Devices with manufacturing defects – If a product becomes defective at any point between when it is produced to the time you receive it, it qualifies as a manufacturing defect. Product defects may occur anywhere along the line from manufacturing, damage during shipping, or an oversight at the doctor’s office.
- Devices that are not designed properly – Sometimes medical devices have flaws in their design causing them to become unsafe. As a result, their structure can collapse over time or fail. When this happens, it can cause harm to the recipient.
- Devices that are not marketed correctly – There are times when a product is either not marked with proper warnings, or advice for using it is not given correctly. Also, when a product is introduced to the market, advertisements may make claims that are untrue or misleading.
Who Is Responsible for Defects?
Any party that comes in contact with the product, from its creation to its distribution, may be liable in the case of a defective medical device. This is referred to as the chain of distribution, and it may include:
- Manufacturers who created the product
- Physicians who prescribed the device
- Labs where the product was tested
- Medical sales representatives who market the device
- Hospitals, clinics, and any other company that distributes the product
- Retailers who sell the device
How Our Attorneys Can Help You
Personal injury, worsening illness, or even the loss of a loved one due to a defective medical device is something we wish no one ever had to experience. However, if this is the situation you are facing, there is help available to you. You do not have to shoulder the burden alone.
Under Texas state law, you have two years to file a personal injury claim, so it is important to pursue legal representation as promptly as possible. Combined, our attorneys have been representing injured clients for more than 35 years. We will provide a free consultation to you and can help you file an appropriate claim.
Focus on Your Recovery
If you or a loved one has been injured by a defective medical device, you should seek legal advice. Do not settle for less than your case is worth. Contact us today at (903) 297-8929 or schedule your appointment online to discuss the best course of action. We will handle every aspect of the legal process while you focus on healing.