Hurt by a Defective Medical Device?
Colson Hicks Eidson has extensive experience representing victims in products liability actions who have suffered from taking prescription and over-the-counter drugs.
Miami Defective Medical Device Lawyers Filing Nationwide Medical Product Liability Lawsuits
Modern medical devices are advanced apparatuses capable of preventing and treating many medical conditions. Unfortunately, defective medical devices can harm more than they help.
Far too often, medical device manufacturers push their products to market with little testing, knowingly releasing a defective product. Many times, they go so far as to bury research that shows their faulty product in a negative light.
This adherence to the corporate bottom line hurts patients who need these medical devices most—those with serious health issues and limited incomes. When defective medical devices are discovered, a recall must be issued. In many cases, it is too late. The failure is revealed only after many patients have already suffered adverse effects and deadly consequences.
If a defective medical device has severely hurt you, a loved one or caused the loss of a family member, your only recourse may be to file a defective product liability lawsuit against the product’s manufacturer. Our medical product liability lawyer practices nationwide, with a law office in Florida. We have recovered hundreds of millions of dollars in damages when defective medical devices cause unthinkable harm. Speak with our Miami defective medical device lawyers today for a consultation.
Types of Defective Medical Device Claims
Three types of common product defects can lead to defective medical product liability lawsuits:
- Design defects exist before the device is even created
- Manufacturing defects occur during production of the device
- Marketing defects, such as inadequate instructions or failures to caution users of potential dangers
Defective medical devices have caused major problems: DePuy’s ASR Acetabular hip replacement system was not recalled until almost two years after issues arose. The artificial hip was made of a metal that can actually deteriorate, and DePuy knew that as many as one in eight patients would experience failure within five years. Yet, the company still put the product on the market.
Many patients require painful revision surgery to replace these defective medical devices, followed by lengthy hospitalizations. Even after the removal of a defective medical device, patients can have lasting and permanent damage.
Our successful medical product liability cases have affected change throughout the nation’s legal system. Our Florida medical product liability lawyers work to see your rights respected and recovery expedited.
Are There Product Liability Laws for Defective Medical Devices? Successful Malpractice Attorneys Get Results
There is no federal law governing medical product liability. Across the nation, the individual hurt or the family of someone who passed away must prove the defective medical devices in question to be harmful and deserves injury compensation. Many states have passed statutes about defective medical devices, but these laws can vary greatly.
The Miami attorneys of Colson Hicks Eidson take a comprehensive approach to serve patients in claims resulting from faulty products. We know product liability law and have the resources to uphold your legal rights. From enforcing defective medical device liability to filing medical malpractice claims, when you partner with our Florida defective medical device attorneys, you are being backed by a powerful team of medical product litigation professionals dedicated to earning you the maximum defective medical device recovery for the harm you and your family have suffered.
Seeking Compensation For Harm Caused By A Defective Medical Device
If you’ve been hurt as a result of using a defective medical device, you can seek compensation for your losses and damages by filing a claim with the insurance of the negligent party responsible for your injuries. If their insurer refuses to offer a proper settlement, you may pursue damages in court by filing a lawsuit.
You can seek compensation for:
- Economic damages: The financial cost of being harmed using a defective medical product can be relatively high. At the very least, your injuries will require some form of unplanned medical treatment. They may even be serious enough to leave you in need of ongoing medical care. Additionally, they can interfere with your ability to do your job, leaving you unable to earn an income until you make a full recovery. Serious injuries could even permanently remove you from the workforce.
- Non-economic damages: Some of the losses you might incur as a result of using a defective medical product might not have an objective dollar value. For example, your injuries might cause you to experience physical, mental, and emotional pain. You deserve to be compensated for these losses. A qualified Miami lawyer can estimate their potential “value” when seeking compensation on your behalf.
That last point is important. Calculating the amount of compensation you deserve can be challenging if you lack the necessary expertise. Along with adding up the cost of your economic damages, you might also have to assign a dollar value to non-economic damages. In addition, you may need to estimate the potential cost of future losses, such as the cost of ongoing medical care or lost income if you’re unable to return to work.
You don’t need to calculate your claim’s value alone. Instead, hire a lawyer. While an ethical attorney can’t promise that you will receive a specific amount of money when you reach a settlement or are awarded damages in court, an attorney can fight for the full amount of compensation for which you may be eligible.
How A Defective Medical Product Attorney Helps
Determining the potential value of your claim is just one way in which a lawyer can help you. They can also:
- Identify the liable parties responsible for providing compensation
- Gather evidence proving negligence
- Show that you used the product responsibly and are thus not liable for causing your own injuries
- File a claim on your behalf
- Handle all negotiations with the insurance company
- Go to court if necessary
You deserve to be able to focus on your recovery if you’ve been harmed as a result of using a defective medical device. Doing so is easier when you have the peace of mind that comes from knowing a qualified professional is handling your case.
Medical Product Liability Attorneys Celebrated Nationwide with Law Offices in Florida
Wherever you call home, if defective medical devices have injured you or a loved one, you need a defective medical device attorney with decades of successful results. The Florida medical product liability lawyers at Colson Hicks Eidson have access to the most esteemed medical experts in the nation. We have handled hundreds of cases involving consumer products, pharmaceutical products and product liability, representing clients in Florida and across the United States.
Our Miami attorneys are innovators in the field of product liability suits and are ready to put their knowledge to work for you. We know that every situation is different and unique—speak with our defective medical device lawyers and we can discuss the best approach to your defective medical device lawsuit.