Those that have been harmed after being implanted with a defective medical device or experiencing issues related to a medical device may be entitled to receive compensation through Medical Device Lawsuits. How can you determine your eligibility to file? The best way to find out if you qualify to take legal action is to contact our firm to assess your case.
Any device used by doctors and hospitals to treat illness, injury, or disability can be considered a “medical device.” These products include:
Metal-on-Metal Hip Implants
Pelvic, Hernia and Transvaginal Mesh Implants
Intrauterine Contraceptive Devices
Medical Device Lawsuits
Some medical devices have recently caused more harm than good to their recipients and have led to the filing of medical device lawsuits. Medical device lawsuits, like product liability lawsuits, require the plaintiffs to prove four elements in their claims.
Plaintiffs must prove or have evidence that:
The product, or in this case the medical device in question, was used for its intended purpose;
They were injured;
The device was in fact defective;
The defect in the device was the sole cause of the injury.
Class Action – Medical Device Lawsuits
If there are a multitude of others who suffered from the use of the same device as you, joining a class action lawsuit may be possible. Class action lawsuits have their pros and cons. The benefits of joining a class action include not having to find your own attorney and there are little or no upfront costs. In addition, the attorneys in charge of class action medical device lawsuits typically have experience with multi-plaintiff cases against big companies.
A class action may not be your best bet if you are suffering from ailments that are uncommon in other users of the device. You also may be able to attain a larger recovery in an individual suit, as the settlement amounts in class actions are often predetermined.
Florida Medical Device Lawsuit Attorneys
If you have been seriously injured by an implanted medical device, the second most important professional to contact after your doctor is an experienced trial attorney. The legal process is complex and frustrating for those with limited knowledge of the law, and there may be a limited amount of time after your injury to file a lawsuit (this is known as the “statute of limitations” and the deadline to file a lawsuit may differ from state to state). Contact the Abbott Law Group today for a free consultation.