One of the largest product liability cases involved Dow Corning in the late 1990s.
The maligned company agreed to pay $2 billion in response to a class action lawsuit. The plaintiffs alleged that silicone breast implants resulted in harmful side effects. These included rupturing, bodily damage, and even death.
A medical device lawyer can help in the event that you sustain a serious injury. Read on to learn five signs that you need a medical device lawyer immediately.
1) You Have Suffered Complications or an Injury from a Medical Device
This is a telltale sign that professional legal advice is warranted. In the aftermath of a medical procedure, it is likely that you will suffer from some known side effects. However, if those side effects go above and beyond what the doctor forewarns, it may be an ominous sign.
2) You See a Television Advertisement Notifying Patients of a Device Defect
For many people, their first instinct in seeing a TV advertisement is that it is a scam or does not affect them. However, the truth is that the advertisements are driven by a high volume of patient reports.
In one such example, TV advertisements offered legal counseling for those who had hernia surgery. In over 400 different cases, patients reported that the mesh products used in their hernia surgeries were defective and damaging.
If you hear a TV advertisement that may affect you, the prudent decision is to contact a lawyer.
3) A Product Recall is a Time to Call a Medical Device Lawyer
The recall of a medical device is another telltale sign that you should retain legal counsel.
Upon discovery of a product recall, your legal representation will launch a wider investigation into the device. This will include researching the subject of the recall and what medical studies have been conducted. It will also be important to discover if other related lawsuits have been filed.
The collected evidence will help the lawyer make a decision whether the manufacturer should be held liable or not.
4) A Class-Action Lawsuit is Already in Progress
In some cases, a class-action lawsuit may already be in process with regards to a defective medical device. This does not automatically mean you should join the class-action lawsuit. Instead, the correct decision is to allow your personal lawyer to review the class-action lawsuit. Your lawyer will advise you on whether the complications or injury sustained are covered by the lawsuit.
In addition, you will be advised what the best path forward is, whether that is to join the class-action lawsuit or file separate litigation.
5) The FDA Reports Compliance or Approval Issues with the Product
The United States Food and Drug Administration (FDA) is responsible for regulating medical devices. If there are issues with a product’s compliance or approval status, this is a very serious sign.
Any reports from the FDA that suggest a manufacturer is not meeting government standards or processes are a great reason to contact legal representation.
Cases of medical product liability are very serious. Medical device lawyers ensure that you receive justice in the event of an unexpected injury or complication.
If you need legal representation for an injury sustained during a medical procedure, please do not hesitate to contact us for assistance.