A medical device that is defective or used improperly can cause injuries, illnesses, or death. When this happens, you or your loved one may file a lawsuit against the maker of the device. Through a lawsuit, you may receive financial compensation to help pay for medical treatments and other expenses.
Medical Device Lawsuits Explained
Medical devices can help keep people safe and healthy as they deal with serious illnesses or injuries. Despite this, some medical devices can be very dangerous if they are used improperly or are defective.
Defective medical devices can:
- Worsen an existing condition
- Lead to additional health complications
- Cause permanent disability or death
In 2019, the New York Times reported that medical devices caused over 80,000 deaths and almost 2 million injuries over the last 10 years.
If a medical device causes you harm, it may not be your fault. Companies have a duty to keep their products free from defects. When they fail to do this, innocent people like you can suffer due to their mistakes.
Even worse, you may have to pay the medical expenses for the harm that they caused.
There is one way to hold these companies accountable: by filing a lawsuit against them. A lawsuit may allow you to receive financial compensation from the device manufacturers. This compensation can help cover the cost of medical treatment.
Sokolove Law has represented numerous people in medical device lawsuits and has a long history of success. Our lawyers will work to you get the most compensation possible.
Why File Medical Device Lawsuit?
You may be wondering if you even need to file a lawsuit. Lawsuits can often seem confusing and time-consuming. However, a lawsuit can be a crucial — or even essential — part of the healing process. In particular, the compensation from a lawsuit can help offset the cost of medical treatments.
You may need lengthy and intensive treatments if a defective medical device harms you. The costs of care vary with each case. However, in serious cases, they could drive you into bankruptcy — even if you have insurance.
By working with an experienced law firm, your lawsuit will be processed quickly and accurately. This helps to increase your chances of receiving compensation for your medical treatments.
Filing a Lawsuit with Sokolove Law
Some people may want to use a local firm to handle their lawsuit. They may be more familiar with a local firm and not realize how a larger firm may be a better choice.
Local firms may not have the resources needed to get maximum compensation — or any compensation at all — from a medical device lawsuit.
However, Sokolove Law can help you avoid this problem. Sokolove Law has experienced attorneys in almost every state who can work with you locally but will have the resources of a national firm on their side.
This national reach ensures that our lawyers have access to all the resources, documents, and legal information needed to build a successful claim on your behalf.
The lawyers at Sokolove Law:
- Have been very successful: Sokolove Law has been in business for over 40 years. During this time, our lawyers have helped thousands of people receive compensation. To date, we have recovered a combined $7.8 Billion for our clients.
- Work on a contingency basis: Other firms may charge upfront fees for their services. Not us. We work on a contingency basis, meaning our lawyers only get paid if they secure compensation for you.
- Will travel to you: If you are injured or seriously ill, your main priority should be your health. Our lawyers will come to you — for free — to discuss your case. You choose where this meeting takes place.
The Lawsuit Process
Each lawsuit is different, so how long the process takes — and how much money you may receive — depends on the details of your case.
Factors that may affect your medical device lawsuit include:
- Extent of Injuries: How badly you were injured can affect the value of your claim. There must be proof that these injuries were directly caused by the defective medical device and not something else.
- Statute of Limitations: Statutes of limitations are laws that limit the time you have to file your lawsuit. You cannot file a lawsuit after this time has expired. These complex laws vary by state, and only an experienced lawyer can determine how long you may have to file your case.
- Settlement vs. Trial: Most lawsuits are settled out of court, but some go to trial before a jury. With a settlement, you may receive a guaranteed payout faster. You may win more at a trial, but it often takes much longer, and your win could possibly be appealed later.
When you work with Sokolove Law, our lawyers will help you receive the most compensation in the shortest amount of time. They will collect information about the medical device that harmed you and regularly update you as the case moves forward.
Types of Medical Device Lawsuits
There have been thousands of lawsuits surrounding defective medical devices that have harmed innocent people. Since each defective medical device presents different health risks, the specifics of these lawsuits have often varied.
Below, you will find examples of defective medical devices that have been the subject of lawsuits in recent years.
The Bair Hugger, sold by 3M®, is a thermal blanket used to regulate body temperature during surgery. However, the warm air produced by the Bair Hugger may actually pull bacteria up from the floor and into the surgery site, leading to infections.
At particularly high risk of infection are those undergoing joint replacement surgery. It is harder for the body to kill bacteria that grows near a joint replacement since the device is made out of synthetic materials like metal or plastic and not organic tissue. If the body cannot kill the bacteria, it can grow and cause an infection.
Infected joint replacements can lead to:
- Fatigue and fevers
- Joint pain and swelling
- Revision surgery (to remove the infected joint replacement)
As of 2018, 3M was facing nearly 5,000 lawsuits regarding the Bair Hugger. Recent reports state that the company allegedly ignored warnings about the product from its inventor.
Over 16,000 people have joined lawsuits against Essure, a permanent birth control system, as of 2018. The Essure birth control system consists of two metal coils, which prevent the reproductive cycle. No pills or other forms of contraceptives are needed.
Though the company claimed the device was highly effective, the health risks outweigh the benefits.
Side effects of Essure include:
- Allergic reactions to the metal in the coils
- Damage to internal organs
- Hair loss
- Severe bleeding and pain
- Unintended pregnancies
Though the product was approved by the Food and Drug Administration (FDA) in 2002, the agency placed heavy restrictions on it in April 2018. Bayer, the company that has sold Essure since 2013, announced that it would stop selling the product at the end of 2018.
Despite these developments, women who currently have Essure — and are experiencing harmful side effects — may be able to file a lawsuit against the company.
Sokolove Law also takes on other many other medical device cases. Learn more about all the cases we handle.
Sokolove Law and Medical Device Lawsuits
Lawsuits can often mean the difference between affording treatment and bankruptcy. You never expected to get hurt from a defective medical device. Further, you probably did not factor in the cost of extra medical care for these injuries.
This medical care cannot be ignored — it is often vital to fix the damage caused by a defective medical device. However, you should not have to be the one to pay for this additional treatment.
The responsibility to keep you safe falls to the device manufacturer. If their defective product caused you serious harm, they should be the ones to pay for your medical treatment.
Sokolove Law may help you receive compensation from these companies. To learn more about filing a lawsuit, call (800) 995-1212 or fill out our contact form. Case managers are standing by to provide more information.