Miami Products Liability Lawyers Protecting the Rights of Clients Injured by Defective Medical Devices
Holding manufacturers accountable for the harm caused by their defective products
Modern medicine has produced what seems like miracles as man has invented increasingly more sophisticated medical devices which hold the potential to repair and restore movement and function to the human body. While some medical devices have been life savers, other have been destructive to the bodies in which they have been implanted because they were defective either in their design, the manufacturing process or in the failure to warn patients of their inherent danger. Defective medical devices injure and kill thousands of Americans each year.
At the Yeboah Law Group, our team of experienced Miami products liability attorneys understand the complexities of filing a lawsuit after a client was injured by a defective medical device. Defective medical devices can leave patients with physical and emotional scars and significant financial stress. We offer free, no obligation consultations so that you can ask questions and discover the options available to you.
FDA data reveals a startling increase in medical device injuries
Researchers at the Expert Institute compiled data that the FDA makes available in its Manufacturer and User Facility Device Experience, or MAUDE database, which offers important insights into how patients are interacting with medical devices. The researchers discovered an increasing trend towards major negative events such as injury, disability, and death caused by failures in medical devices.
Examples of defective medical devices that have caused injury and death
There have been countless medical devices that have been introduced to the market which have turned out to be defective and cause harm to patients including:
- IVC filters
- Trans-vaginal mesh
- Hernia mesh
- Power morcellators
- Hip implants
- Knee replacements
- Permanent birth control
Most of these products are implanted into the human body. The initial surgery was risky, and then the product began to cause adverse symptoms and usually ends up requiring another surgery to repair the injury and remove or replace the device.
Causes of defects in medical devices
Under the umbrella of products liability, there are three general categories of defects:
- Design defect. The first category of defective product has a defect in the design of the product.
- Manufacturing defect. This is an error that is introduced in the manufacturing process.
- Marketing defect. This category of defect is the manufacturer’s failure to warn consumers about the dangers of the device.
Depending on the type of defect that caused your injury, your lawsuit will focus on one or more of these categories.
Who can be held liable for defective medical devices?
When a patient suffers a serious injury because of a defective medical device, there are several parties along the chain of commerce from the manufacturer to the consumer who may be held accountable including:
- The designer of the device
- The manufacturer
- The distributor
Some product liability cases fall under the standard of “strict liability,” which holds the manufacturer liable for the injuries caused by a defective medical device without the need for the plaintiff to prove negligence. All that is required is that the plaintiff prove that the product was defective, and show the damages it caused.
If you have suffered an injury because of a defective medical device, you might wonder what your next steps should be. The thing we cannot stress enough is the time constraints on taking legal action. In Florida, there is a statute of limitations of four years in which to file a lawsuit.
Working with an experienced products liability lawyer
It may surprise you to discover that you do not have to pay for our legal services at the outset. We take product liability cases on contingency, which means that you do not pay us any legal fees until we have recovered compensation for you. Working with a knowledgeable injury attorney gives you the advantage of having a strong advocate on your side who will make sure that you receive all the compensation you are entitled to after being injured because of a defective medical device that often requires revision surgery, lost time at work while you recuperate, and serious pain while the injury heals. In some cases, these injuries cause permanent damage, which will have an impact on your ability to earn a living to support your family.
Contact an experienced Miami products liability lawyer now to protect your interests
Have you suffered a serious injury because of a defective medical device? At the Yeboah Law Group, our skilled products liability attorneys provide the guidance and advocacy you need when you are ready to take legal action to recover compensation for your injuries. We hold the responsible parties liable when a defective medical device that was supposed to help you causes you harm. Call 1-800-TELL-SAM or complete our contact form to schedule a free initial consultation.
Types of Cases We Handle
Our Miami attorneys handle a variety of cases, including:
|Car Accidents||Truck Accidents||Motorcycle Accidents|
|PIP FAQs||Wrongful Death||Nursing Home Negligence|
|Product Liability||Premises Liability||Employment Discrimination|
Se habla español.
Yeboah Law Group, P.A
123 NW 23rd Street
Miami, FL, 33127
[available by appointment only]