Who is liable for harm
suffered from medical devices?
What is a class action lawsuit?
How is a medical device claim determined?
What is an example of a defective medical device?
Do I need a lawyer if I believe I may have a medical device claim?
Who is liable for harm suffered from medical devices?
Depending on the facts of your individual case, liable parties can range from
the device manufacturer, to your treating physician or surgeon, to the
distributor of the medical device. An experienced lawyer at Barry & Loewy LLP
can help determine liability in your personal injury claim.
Click here for a free Personal Injury claim review.
What is a class action lawsuit?
A class action is a distinctive type of lawsuit that allows a group of people
who have comparable issues to sue another party as a group, or class. The idea
of a class action is that everyone who has been injured by the same conduct
should not have to be put to the expense of hiring his/her own lawyer and go
through the stress of a trial. Certain drug and medical device litigation cases
fall under class action lawsuits against the manufacturer.
Click here for a free Personal Injury claim review.
How is a medical device claim determined?
When a medical device (such as a syringe, hip implant, pacemaker, or surgical
instrument) injures someone, the courts must answer the question "was there
something wrong with the product" or “was there something wrong with how the
product was used”? In finding the answer, two general theories of liability are
applied: product liability and negligence. The first theory looks at what was
wrong or defective in the medical device. The second looks at the performance of
the medical personnel using the device. An experienced medical device lawyer,
such as Barry & Loewy LLP, can evaluate your injuries and determine if a
defective medical device caused them.
Click here for a free Personal Injury claim review.
What is an example of a defective medical device?
A recent example of a defective medical device is the
Guidant Defibrillator.
Indianapolis-based Guidant Corp. alerted doctors that nine pacemaker models made
from 1997 to 2000 might need to be replaced. An estimated 28,000 of the
pacemakers remain implanted in patients worldwide, with about 18,000 of those in
U.S. patients. The company said that a sealing component in the pacemakers has
degraded in some cases, resulting in higher-than-normal moisture in the devices
that could cause a malfunction. Several patients have lost consciousness or
developed possible heart failure. The company reported the death of one person
whose pacemaker might have failed, but it said the role of the device could not
be confirmed as it was not returned for testing.
Click here for a free Personal Injury claim review.
Do I need a lawyer if I believe I may have a medical
device claim?
Due to complex issues involved in medical device claims, discussing your case
with an attorney who is experienced in the area is the best way to ensure a
thorough evaluation of your case. Click here for a free
Personal
Injury claim review.
For more information, please see our page on
Medical Devices.
If you have additional questions, click here for a free
Personal
Injury claim review.
